U.S. Citizenship and Immigration Services (USCIS) posted an Interim Memo for Comment (Policy Memo or PM-602-0090) on October 21, 2013, to clarify the availability of the 17-month STEM Post-Completion Optional Practical Training (OPT) to students who have completed all course requirements, excluding a thesis requirement or equivalent.

During the effective period of the Interim Policy Memo, the 17-month STEM extension is available to foreign students who complete all course requirements in a listed Science, Technology, Engineering or Mathematics (STEM) field and who will engage in optional practical training directly related to the major area of study for an employer enrolled in E-Verify.  The current STEM Designated Degree Program List can be viewed at http://www.ice.gov/sevis.  Completion of a required thesis or equivalent is not necessary for an F-1 student to secure the 17 month STEM OPT extension.

Policy guidance was apparently needed due to inconsistency in how the STEM extension provision has been interpreted by adjudicating officers.  In clarifying the availability of the 17-month STEM extension, USCIS looked to its existing Regulations at 8 CFR 214.2(f)(10)(ii)(A)(3) , the country’s current policy of “attracting and retaining the world’s best and brightest individuals” to work in the U.S., and previous U.S. Immigration and Customs Enforcement (ICE) policy guidance which confirmed that a student who only has the thesis or equivalent remaining may apply for the 17-month STEM EAD extension if otherwise eligible.

Confirming the availability of the STEM extension in this manner seems to provide a practical solution so that employers can understand the period of availability of their STEM OPT employees, as well as assurance to the highly skilled STEM professionals as to the duration of their employment authorization.

The Interim Policy Memo comment period ends on November 1, 2013, and the memo remains in effect until further notice while comments are accepted and considered.  Be aware that while the Policy Memo is currently in effect, there is language within the Memo which explains that it is intended solely as guidance to Immigration Service personnel and does not confer any right or benefit to any other party.

Ms. Wadhwani is a partner in Fox Rothschild’s Immigration Practice Group.  She may be reached at cwadhwani@foxrothschild.com.