New STEM OPT Extension Rules: Critical Takeaways, Part 1

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin's Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to the new regulation.

Timing is Everything

If your 17-month STEM extension under the old rules is still pending on May 10, 2016, USCIS will send you a Request for Evidence (RFE) to give you a chance to request a 24-month extension instead

If your 17-month STEM OPT extension was already approved before May 10, 2016 you have 2 options:

1. Continue in the 17-month period until it ends, without applying for an extension; or
2. Request the balance for the extension (the additional 7 months), but only if