Can I Work While My STEM OPT EAD is Pending

A common question we get asked is around work authorization for pending STEM OPT applications. This is a very common scenario. After an F-1 student’s regular OPT has expired, but before the new STEM OPT is issued, can the F-1 student work?

The short answer is yes as long as you timely filed for the STEM OPT extension. According to 8 CFR §§214.2(f)(11)(i)(C), 274a.12(b)(6)(iv), a timely filed application for STEM OPT authorization automatically extends employment authorization for 180 days or until a written decision by USCIS, whichever is earlier. Employment authorization will be considered extended an unexpired when combined with a school DSO endorsed I-20.

What is OPT STEM Extension?

STEM OPT allows those with a science, technology, engineering and/or math degree to extend their stay in the U.S., through OPT STEM extension, for up to 24 months after the student's initial 12 months period of post-degree-completion OPT.

The STEM OPT period can be used to train F-1 (STEM OPT) students for up to 24 months. The work authorization is valid during the 24-month STEM OPT extension period. The STEM OPT program is for an F-1 student to partner with a a STEM OPT employer to train an a field related to the student's STEM degree. This is a practical training opportunity for F-1 students to also be part of an approved STEM field.

Can I change employers while on STEM OPT?

Yes. While on STEM OPT you may change employers, but the new employer must be enrolled in E-Verify before you begin STEM OPT employment. Additionally, a new STEM OPT I-983 training plan needs to be filed. You are required to report any such material changes in employment by uploading a new form I-983. Confirm your mailing address, the employment address, and the employer's Everify number on form I-983. Careful planning around unemployment period also needs to be done.

Employers must follow reporting requirements to employ students through the STEM OPT program. If you change employment while on STEM OPT, the previous STEM OPT employer must also fill out the exit survey on the previous I-983 form.

Am I qualified for STEM OPT?

You must have earned a bachelor's degree, master's degree, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time you submit your STEM OPT extension application. You must have a qualifying STEM degree.

Can I Use a Previously Obtained STEM Degree?

Previously obtained STEM degrees: If you are an F-1 student participating in a 12-month period of post-completion OPT based on a non-STEM degree, you may be eligible to use a previous STEM degree from a U.S. institution of higher education to apply for a STEM OPT extension. You must have received both degrees from currently accredited and SEVP-certified institutions, and cannot have already received a STEM OPT extension based on this previous degree. The practical training opportunity also must be directly related to the previously obtained STEM degree.

Xu Law Group regularly assists F-1 international students with their visa inquiries. Founded by international students, our attorneys offer valuable insights into how to navigate the complex U.S. immigration system. Call us today at 917-259-0858 for a strategy session.