USCIS updates

Guidance in the USCIS Policy Manual is being updated to clarify eligibility for optional practical training (OPT) extensions in Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance also offers clarification for F/M nonimmigrant students on online study, school transfers, grace periods, and study abroad programs.

The policy manual update:

Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.

Explains that students may transfer between US Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels.

Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.

Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.

Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.

Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.

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On August 26, 2024, the United States District Court for the Eastern District of Texas issued an administrative stay in the case of Texas v. Department of Homeland Security, preventing DHS from granting parole in place under the Keeping Families Together initiative for 14 days.

To comply with the district court’s administrative stay, USCIS will:

Not grant any pending parole in place requests under Keeping Families Together.

Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.