USCIS Issues New Policy Guidance for F and M Visa International Students

Clarity on STEM-OPT Extension and Green Card Process Eligibility



The United States Citizenship and Immigration Services (USCIS) has recently released comprehensive policy guidance aimed at providing clarity for international students on F and M visas. Covering a range of topics, including eligibility requirements, school transfers, practical training, and employment, the guidance brings forth two crucial clarifications.

Firstly, students in Science, Technology, Engineering, and Mathematics (STEM) fields can now benefit from an additional two years of Optional Practical Training (OPT), extending their post-study work experience to a total of three years. Notably, the guidance addresses concerns regarding STEM OPT extension in start-up companies, stating that if a start-up can ensure 20 hours of weekly work, comply with the training program, offer fair compensation comparable to US workers, and maintain good standing with E-Verify, being a start-up does not preclude eligibility.


Secondly, the guidance emphasizes that while students in F and M status must maintain a foreign residence, they can still be beneficiaries of PERM labor certifications or immigrant visa petitions. This means that students can initiate a green card application without jeopardizing their student status, provided they continue to meet foreign residence requirements. Although consular and Custom Border Protection officers retain discretion in evaluating each case, the policy clarifies that initiating a green card process is not automatically disqualifying.

It's crucial to note that once a student in F or M status completes the final step in the green card process (filing Form I-485), they are no longer eligible for student visa status and cannot travel abroad until receiving Advance Parole. These clarifications are expected to bring welcome certainty to both international students and US educational institutions.


Blogger: Umesh Mahabalashetti

The Founder of SSMDBP Business 

Technologies Bangalore.

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