"In order to remain competitive, the American technology sector needs to be properly equipped to attract and maintain exceptionally talented workers from the U.S. and abroad, including foreign students being trained at U.S. universities," Senator Specter said. "We need to be sure that we are supplying the necessary tools for the technology industry to be able to do that."
The deadline to file for H1-B visas is typically a month or two before most students obtain their degrees from their respective universities. Applicants must have a degree in order to apply for an H1-B visa. This presents a timing issue for students searching for work in the U.S. after graduation, and the U.S. firms that need workers. OPT currently provides some respite from the problem by allowing those employers to benefit from the skills of these students for 12 months. Extending the program to 29 months allows employers to seek a more durable immigration status for them.
According to the ruling released by DHS, a F-1 non-immigrant student must currently be participating in a 12-month period of approved post-completion OPT, have completed a degree included in the DHS science, technology, engineering, or mathematics (STEM) Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program, and properly maintain F-1 status to be eligible for an OPT extension. The student must also be working for, or accepted employment with, an employer directly related to the student's major area of study and enrolled in U.S. Citizenship and Immigration Services' E-Verify program.
"Having workers that are highly skilled in technology related fields will strengthen American leadership in the industry and ultimately benefit the U.S. economy," Specter continued. "The action taken by DHS is a good step toward maintaining American competitiveness in the technology industry."
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