The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received H-1B petitions in excess of both the regular 65,000 annual cap and the 20,000 limit for beneficiaries with a U.S. advanced degree. It will conduct a random selection process among all filings received by April 7, 2008 to determine which petitions will be processed. The “lottery” for US advanced degree petitions will be conducted first, and any petitions not selected will be included in the lottery for the 65,000 limit. The complete USCIS announcement may be viewed here.
In a separate development, the Department of Homeland Security (DHS) announced rules for extending “Optional Practical Training” (OPT) work authorization for foreign students. OPT is a form of work permission granted to a foreign student holding F-1 status, which allows the student to obtain practical work experience in the field of academic training generally for up to 12 months.
The new rules allow this 12 month period to be extended in two ways. First, OPT work permission will be automatically extended for any F-1 student who is the beneficiary of a properly filed and pending H-1B petition and request for change of status. This extension is valid until October 1 of the fiscal year for which H-1B status is requested. This eliminates the so-called “cap-gap” problem that occurs when the OPT will expire prior to the end of one fiscal year, but due to the H-1B annual cap, a change to H-1B status is not available until the start of the next fiscal year.
Second, the rule permits an extension of OPT for 17 months beyond the initial 12-month period, regardless of the status of any employer sponsorship in an H-1B petition. This is available if the F–1 student:
- has completed a degree in a designated science, technology, engineering, or mathematics (“STEM”) field;
- accepts employment with a U.S. employer enrolled in the USCIS “E-Verify” electronic employment verification program;
- is working for the employer in a job directly related to the “STEM” area of study; and
- submits an application to USCIS prior to the expiration of the initial 12 month OPT period, with an endorsement from the student’s designated school official.
This new program creates a useful mechanism if an H-1B petition on behalf of the student is not selected in the USCIS lottery. An extension of the OPT period enables the employer to file another H-1B petition on behalf of the student the following fiscal year.
More information about the new rules can be found here, and a useful FAQ about the new OPT extension programs may be found here.