SEVP Policy Guidance On OPT (04/10/09)

 April 13, 2009 with an SEVP correction to content at items 9.1.1, 9.3.1, and 9.3.2.

The Student and Exchange Visitor Program (SEVP) issued revised OPT policy guidance on April 10, 2009, clarifying questions that had arisen since the interim final rule on optional practical training became effective on April 8, 2008. This document supersedes prior OPT guidance issued on April 25, 2008.

Some highlights include:

 

• FY 2010 cap-gap extension dates [9.1.1]
• New guidance exempting the first 10 days following the post-completion OPT EAD employment start date from the 90-day unemployment count [7.1.6]
• Clearer statement regarding DSOs not being responsible for determining if a student has exceeded the 90-day limit on unemployment [7.4.3]
• Expanded guidance on the type of employment allowed for students during a STEM OPT extension [7.2.2]
• Guidance confirming that a student who received pre-completion OPT, and then finishes his or her program of study early, cannot continue to use the pre-completion OPT EAD after the program end date [6.6]
• Guidance on when to use the SEVIS 6.0 Cap-Gap Extension function, and when to request a data fix. Use of the Cap-Gap Extension function was not covered in the original revised guidance released on April 6, but was added in a corrected version released on April 10. [chart at 9.1.1 and content at 9.3.1 and 9.3.2]