美国 OPT STEM 延期申请：24 个月扩展的雇主与培训计划要求

The U.S. Optional Practical Training (OPT) STEM extension allows eligible F-1 students with degrees in Science, Technology, Engineering, or Mathematics (STEM) to work in the U.S. for an additional 24 months beyond the standard 12-month post-completion OPT. This brings the total authorized work period to up to 36 months for qualifying graduates. As of January 2025, the program is governed by the Department of Homeland Security (DHS) regulation 8 CFR 214.2(f)(10)(ii)(C), which mandates strict employer and training plan requirements. According to the U.S. Immigration and Customs Enforcement (ICE) 2024 SEVIS data, over 72,000 students were actively participating in STEM OPT extensions in the 2023-2024 academic year, highlighting its critical role for international talent. To qualify, you must have a STEM-designated degree from an accredited U.S. institution, a job offer from an employer enrolled in the E-Verify program, and a formal Training Plan (Form I-983) that outlines learning objectives, evaluation methods, and how the position supplements your academic study.

Employer Requirements: E-Verify and Supervision

The most critical employer hurdle is E-Verify enrollment. Your prospective employer must be a registered participant in the E-Verify program, a federal system that confirms employment eligibility. This applies to all worksites where you will perform the STEM training. You can verify an employer’s status using the DHS E-Verify website; the company must provide its company ID or client company ID number on the Form I-983. Additionally, the employer must be a U.S. employer that has a valid Employer Identification Number (EIN) issued by the IRS and is in good standing with state labor laws.

The employer must assign a direct supervisor who is a U.S. citizen, lawful permanent resident, or other individual authorized by DHS to work. This supervisor is responsible for overseeing your training and signing the Form I-983. The employer cannot be a staffing agency that places you at a third-party worksite without direct supervision, though legitimate consulting firms with a direct employment relationship are permitted. The employer also agrees to notify your Designated School Official (DSO) within five business days if you are terminated or leave the program early.

The Form I-983: Training Plan Essentials

The Form I-983, “Training Plan for STEM OPT Students,” is the core document you and your employer must complete and submit to your DSO. It must be signed and submitted before the end of your initial 12-month OPT period. DHS requires the plan to be a bona fide training experience, not just a regular job. Key sections include the employer’s commitment to not replace a U.S. worker and to provide a structured mentorship.

The plan must detail specific learning objectives that align with your STEM degree. For example, a computer science graduate might list objectives like “develop proficiency in cloud infrastructure deployment using AWS” or “achieve certification in Agile project management.” These must be measurable and include evaluation methods, such as quarterly performance reviews or project milestones. The Form I-983 also requires a statement of how the position relates to your degree program, a description of the work location, and the total number of employees at the site.

Reporting Obligations and Program Integrity

STEM OPT participants face strict reporting obligations that go beyond standard OPT. You must report to your DSO every six months (even if unemployed) to confirm your name, address, employer, and employment status. Failure to do so can terminate your SEVIS record. Additionally, you must report any material changes to the Form I-983 (e.g., change of supervisor, work location, or reduction in hours) within 10 days. DHS regulations allow a cumulative unemployment period of 150 days for the entire 36-month OPT period (12-month OPT + 24-month STEM extension), compared to 90 days for standard OPT.

DHS also conducts site visits to ensure compliance. The agency may visit your employer’s worksite to verify that the training plan is being implemented as described. While rare, these visits can occur with or without prior notice. The employer must cooperate, and you should have a copy of your Form I-983 and supporting documents readily available. Maintaining clear records of your training activities and evaluations is strongly recommended.

Degree and Program Eligibility

Not every STEM degree qualifies. The DHS maintains a STEM Designated Degree Program List, updated periodically (last updated in 2023). Your degree must appear on this list at the time you submit your STEM extension application. The list includes fields like Computer Science, Engineering, Biological Sciences, Mathematics, and Statistics, but also specific codes like 14.0201 (Aerospace Engineering) and 30.3301 (Sustainability Studies). You can verify your degree’s CIP code on your I-20 form.

If you earned a prior STEM degree at a different institution, you may still be eligible if you have not used a STEM extension before and the new degree is at a higher level (e.g., a master’s in STEM after a bachelor’s in STEM). The extension is available only once per academic level. For example, you cannot use a 24-month STEM extension after a master’s degree in computer science and then again after a second master’s degree in biology.

Application Timeline and Fees

The application window for the STEM OPT extension is specific: you must file Form I-765 with USCIS within the 60-day period before your current OPT EAD card expires. USCIS recommends filing at least 90 days before expiration to avoid gaps in employment authorization. The filing fee as of April 2024 is $470 (check the latest USCIS fee schedule, as increases are proposed periodically). You must also include a copy of your STEM degree diploma or transcript, a copy of your current EAD card, and the signed Form I-983.

Processing times vary but typically range from 3 to 5 months. While your application is pending, you may continue working for up to 180 days after your current OPT expires, provided you filed the I-765 on time. This automatic extension applies only if you are employed by the same employer listed on your Form I-983. If you change employers during the pending period, you must submit a new Form I-983 and may lose the automatic extension benefit.

FAQ

Q1: Can I work for a startup company on a STEM OPT extension?

Yes, but the startup must be enrolled in E-Verify and provide a structured training plan. The startup must have a valid EIN and cannot be a sole proprietorship or a self-employment arrangement. The DHS requires that the employer have a physical U.S. worksite and that the student is not a majority owner of the company. As of 2024, approximately 15% of STEM OPT participants work at companies with fewer than 25 employees, according to ICE data.

Q2: What happens if my employer is not E-Verify enrolled when I apply?

Your application will be denied. E-Verify enrollment is a mandatory requirement under 8 CFR 214.2(f)(10)(ii)(C). Your employer must be enrolled at the time you file the Form I-765 and remain enrolled for the entire 24-month extension period. If your employer drops out of E-Verify during your extension, you must notify your DSO within 10 days and find a new qualifying employer within 150 days of unemployment.

Q3: Can I change employers during my 24-month STEM extension?

Yes, but you must submit a new Form I-983 to your DSO within 10 days of starting the new position. The new employer must also be E-Verify enrolled. You can have multiple employers during the extension, but you can only have one primary employer at a time. Each change resets the 150-day unemployment clock, but the total cumulative unemployment across the entire 36-month period cannot exceed 150 days.

References

• U.S. Immigration and Customs Enforcement (ICE) – SEVIS by the Numbers, 2024 Annual Report
• U.S. Department of Homeland Security (DHS) – 8 CFR 214.2(f)(10)(ii)(C): STEM OPT Extension Regulations, 2016 Final Rule
• U.S. Citizenship and Immigration Services (USCIS) – Form I-983 Instructions, Updated 2023
• U.S. Department of Homeland Security (DHS) – STEM Designated Degree Program List, 2023 Update
• National Association of Foreign Student Advisers (NAFSA) – OPT STEM Extension Data Analysis, 2024