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USCIS Extends OPT for Certain Graduates |
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by Emily Haverkamp
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Wednesday, 18 June 2008 |
 On April 4, 2008 USCIS announced a final interim rule which extends Optional Practical Training (OPT) from 12 to 29 months for students who graduate from a U.S. university with a degree in Science, Technology, Engineering or Math (STEM). It appears that this is in response to the H-1B crisis, where for the second year in a row USCIS had to hold a lottery to allot H-1B visas.
USCIS was attempting a positive step here to try and alleviate some of this labor shortage by allowing continued student employment, but there is a catch. Not only must the students have graduated with a STEM degree, the employer must also enroll in E-Verify to benefit from the extended OPT. This is an example of USCIS trying to piecemeal together changes to the broken immigration system, with Congress failing to pass any sort of reform. USCIS is also using the carrot and stick approach here. They will entice with the carrot of new rules, but bring the stick with mandatory E-Verify. While E-Verify remains a voluntary program for U.S. employers, there is a growing trend of incentivizing E-Verify wherever possible. Employers must decide whether it is in their best interests to enroll in E-Verify or not. Our business clients who are in dire need of immigrant technology labor have said they will enroll in E-Verify.
To find out if a job classifies as a STEM position, a list of acceptable STEM job codes can be found here.
For more information, please call Emily Haverkamp at (913) 317-6200.
For additional training, you may register for the Work Visas and Permits Seminar. |
