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US extends OPT period to 29 months for non-immigrant students

Tuesday, April 08, 2008; Posted: 12:21 AM
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Washington, Apr 07, 2008 (Asia Pulse Data Source via COMTEX) -- -- To attract and retain highly skilled workers from other countries including India, the US has extended the period of Optional Practical Training (OPT) from 12 to 29 months for qualified non-immigrant students.

The Department of Homeland Security (DHS) has released an interim final rule giving the extension that will be available to students under F-1 visa who have a degree in science, technology, engineering or mathematics and are employed by businesses enrolled in the E-Verify programme, the system for determining employment eligibility of new hires.

"This rule will enable businesses to attract and retain highly skilled foreign workers, giving US companies a competitive advantage in the world economy," said Homeland Security Secretary Michael Chertoff.

"By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the US," he added.

Top tech companies have been extensively lobbying Capitol Hill to substantially relax the numbers of the H1B visas, now pegged at 65,000.

After completion of course requirements, students are eligible for up to 12 months of training under the Optional Practical Training.

But what has prompted the move on the Optional Practical Training is that the applications get filled up so fast that a graduating student is either left in the lurch or forced to return home.

Many American lawmakers view this as a waste of not only human intellect that could be put to use in an American setting but also a waste of taxpayers' money. The DHS's rule will also implement certain practical changes, including allowing students to apply for OPT within 60 days of graduation.

The DHS has also clarified that to be eligible for the OPT extension, the student on an F-1 Non-Immigrant visa must currently be participating in a 12-month approved post-completion OPT or have successfully completed a degree in science, technology, engineering or mathematics.

The applicant must also be working for a US employer in a job directly related to the student's major area of study or accepted employment with an employer enrolled in US Citizenship and Immigration Services' E-Verify programme.

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