DHS Expands List of STEM-designated Degree Programs
The Immigration and Customs Enforcement (ICE) has announced on May 11, 2012, that they have expanded the list of Science, Technology, Engineering and Math (STEM) degree programs.
New STEM-Designated Programs
Until this revision, CIP degree codes ending in “99” were not designated as STEM degree programs. The Department of Homeland Security (DHS) is now proposing that “99” codes be eligible STEM degree programs – but only those where every other degree in the immediate CIP code family qualifies as an eligible STEM field. DHS has acknowledged that since the publication of the 2008 STEM regulation allowing for 17-month Optional Practical Training (OPT) extension, students in new and important STEM degree programs in emerging fields classified under “99” CIP codes have not been able to take advantage of the OPT extension. This revision of the STEM-designated degree programs allows students in such emerging fields to be eligible for OPT extension.
STEM-Designation Has Great Benefits
On April 8, 2008, the Department of Homeland Security published an Interim Final Rule (IFR) titled, Extending Period of Optional Practical Training (OPT) by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions. As a result, a STEM degree allows for a total OPT time of 29 months, compared to only 12 months for non-STEM degrees.
Is My Degree in a STEM-Designated Degree Program?
The first step is to find the classification number of your degree. The Classification of Educational Programs, a database provided by the Department of Education is helpful in looking up the CIP code for a specific degree. Also, the degree and its CIP code are often listed on page 3 of a student’s SEVIS Form I-20.
Once the degree classification is determined, an F-1 or OPT holder should look at the updated list of STEM degrees which, according to DHS, entitled their holders to an additional term of 17 months.
Conclusion
We welcome ICE’s decision to add new degrees to the list of STEM-designated degree programs. We hope that the newly released updated STEM list would benefit some of the recent graduates in these new STEM programs; or, would allow graduates of such programs who may be nearing their 12-month OPT expiration date to obtain a 17-month STEM OPT extension. Please let us know if our office can be of any assistance.
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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration. Disclaimer: we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts. It is not to be construed as legal advice.