murthy.com HomeVisit USAStudent VisaWork VisaGreen CardCitizenshipfamilyMisc
Search
 

Attorney
Law Firm
Practice
Affiliation
Rating
Mission
Community
Worldwide
Contact




 














STEM Degree List for F-1 OPT Extensions
Posted May 02, 2008
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) published an interim final rule on April 8, 2008 that included provisions for certain students to extend their post-completion Optional Practical Training (OPT) period from 12 to 29 months. The regulation was reported to MurthyDotCom and MurthyBulletin readers in our April 9, 2008 article, NewsFlash! F-1 OPT Interim Final Rule of April 8, 2008 - Summary and Analysis. The extension provisions apply to students with designated Science, Technology, Engineering, and Mathematics (STEM) degrees. This has given rise to questions of whether certain degrees fit within the STEM classification.
©MurthyDotCom
What is a STEM Degree?
©MurthyDotCom
The determination of whether a degree program is included in the STEM designation lies with the U.S. Immigration and Customs Enforcement (ICE). The degrees are based upon the Classification of Instructional Programs Codes (CIP Codes) set by the National Center for Education Statistics. This list is available on the ICE WebSite, which also has a link to more detail regarding CIP codes.
©MurthyDotCom
My Degree is not on the List
©MurthyDotCom
If a particular degree does not appear on the STEM list, then it is possible to request the additional designation of a particular degree category. A link is available on the ICE WebSite for this purpose. In making the request, it is necessary to specify the CIP code and provide justification for expanding the list. Clearly, it is necessary to show the connection to the STEM category in order for the request to be considered. One should not rely on any anticipated change in the list.
©MurthyDotCom
Conclusion
©MurthyDotCom
Many who hold degrees that fit squarely within the STEM categories will benefit from the F-1 OPT extension provisions. Others, with degrees that may have STEM elements, need to either ensure that their degrees are on the list or request classification, if appropriate. It is important to make NO assumptions as to one's eligibility.



Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved





 
 

Posted May 02, 2008