New visa changes in the USA that will excite international students

With effect from 10th of May, 2016, international students on non-immigrant study visas will be able to stay for three years after their studies to pursue careers of their choosing according to new visa changes announced by the United States of America (USA) Department of Homeland Security. These changes will no doubt imply that the USA will be one of the top destinations for international students ahead of other countries, like the United Kingdom, that offer no post study employment visa schemes of this nature to international students.

It will be recalled that qualifying international students under this scheme (STEM-OPT) already enjoy a 17 months extension of their visas but the provision announced further gives students the rights to extend their stay for another 24 months if they so chose. What makes this extension potentially more appealing to international students, one would think, is the potential for it to lead to a “Green card” for eligible international students – a prospect some international students will greet with some measure of excitement and feeling of belonging.

Eligible students would have completed degrees in science, technology, engineering and mathematics (STEM). To read more about eligible STEM degrees please check US immigration and consular enforcement list available here.

Here are some fine prints:

1. Only students who earned a degree from a school accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP may apply for a STEM OPT extension.

2. Participating students who receive an additional qualifying degree from an accredited college or university can apply for a second STEM OPT extension.

3. Participating students can use a previously-earned qualifying degree to apply for a STEM OPT extension. The prior degree must not have already formed the basis of a STEM OPT extension and must be from a school that is both accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP at the time of the student’s STEM OPT application. The student’s most recent degree must also be from an accredited and SEVP-certified institution.

4. Employers participating in STEM OPT must incorporate a formal training program that includes concrete learning objectives with proper oversight.

5. Employers and students must report material changes in their training program.

6. To guard against adverse effects on U.S. workers, terms and conditions of a student’s training opportunity – such as duties, hours, and compensation – must be on par with U.S. workers in similar positions in the same geographic area of employment. Additionally, the student must not replace a full-time, part-time, temporary or permanent U.S. worker.

7. Students must work a minimum of 20 hours per week per employer to qualify.

8. Students are permitted a limited period of unemployment during the initial period of post-completion OPT and the STEM OPT extension.

9. All STEM OPT employers must participate in DHS’ E-Verify program.