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USCIS Updates Rules for F/M Students: Key Changes to OPT Extensions and Online Study

28 Aug 2024

USCIS has updated its guidance for F/M nonimmigrant students, clarifying eligibility for STEM OPT extensions, online study regulations, school transfers, and study abroad protocols. The new rules, effective immediately, offer greater flexibility and clarity for international students. The U.S. Citizenship and Immigration Services (USCIS) has introduced new updates to its Policy Manual concerning F/M nonimmigrant students, focusing on optional practical training (OPT) extensions, online studies, school transfers, and other aspects. Here’s a breakdown of the key changes:

Understanding F and M Visas
The F and M visas serve international students pursuing education in the U.S. To qualify for an F-1 or M-1 visa, you need to enrol in one of the following programs

► An academic educational program
► A language-training program
► A vocational program

These visas are essential for those seeking to study in the United States, ensuring that students are engaged in a recognized educational course.

Key Updates on OPT Extensions
Eligibility for STEM OPT Extensions: USCIS has updated its guidance on when students can qualify for optional practical training (OPT) extensions, specifically for the Science, Technology, Engineering, and Mathematics (STEM) fields. Students who have completed degrees in these fields may be eligible for extended OPT, which provides additional time to gain practical experience in their field of study.

Online Study and Distance Learning
Flexibility in Online Learning: Under the new guidance, students can count one class or three credits (or the equivalent) per academic session toward their full course of study if they take the class online or through distance learning. This applies as long as the online course is integral to completing the degree program.

School Transfers and Grace Period
Easier School Transfers: Students are now permitted to transfer between U.S. Immigration and Customs Enforcement (ICE), and the Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level or between different educational levels. This provides greater flexibility for students changing their educational paths.
Extended Grace Period: During the 60-day grace period following the completion of post-completion OPT, students can change their education level, transfer to another SEVP-certified school, or file applications with USCIS to change their nonimmigrant or immigrant status.

Study Abroad Considerations
Maintaining Active Status: Students participating in study abroad programs can remain active in the Student and Exchange Visitor Information System (SEVIS) if the program lasts less than five months. For programs extending beyond five months, students will need to obtain a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to maintain their status.
Technical Corrections
Application Period Corrections The update includes technical corrections regarding the application period for STEM OPT extensions and other minor adjustments.

Effective Date and Impact
These updated guidelines are effective immediately and apply to all requests pending or filed on or after the publication date. This means that international students can benefit from these changes immediately.

Final Words
Overall, these updates provide greater flexibility and clarity for F/M nonimmigrant students, making their academic journey in the United States smoother and more manageable. For further details, students and educational institutions should refer to Volume 2, Part F, of the USCIS Policy Manual.

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