Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students - Proposed Rule

Sep 4, 2026

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The Department of Homeland Security proposes amendments to F–1 nonimmigrant student visa regulations governing optional practical training (OPT) for certain STEM degree holders from U.S. higher education institutions. The proposal would extend the current STEM OPT period by an additional 24 months, replacing the 17-month STEM OPT extension for eligible students. It would strengthen oversight through formal employer mentoring and training plans, expanded wage and related protections, and eligibility limited to degrees earned at accredited schools, while retaining E-Verify employer enrollment and providing Cap-Gap relief for timely H–1B filings.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages30

Reading Time1 h 16 min

AccessFree to download

I. Public Participation

A. Submitting Comments

B. Viewing Comments and Documents

C. Privacy Act

D. Public Meeting

II. Abbreviations

III. Executive Summary

A. Purpose of the Regulatory Action

B. Summary of the Major Provisions of the Regulatory Action

C. Costs and Benefits

IV. Background and Purpose

A. Authority, Regulatory History

| Vol. 80 | Monday, | | --- | --- | | No. 201 | October 19, 2015 | | Part IV
Department of Homeland Security | | 8 CFR Parts 214 and 274a Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students; Proposed Rule DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 214 and 274a [DHS Docket No. ICEB–2015–0002] RIN 1653–AA72 Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and CapGap Relief for All Eligible F–1 Students AGENCY: Department of Homeland Security. ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Homeland Security (DHS) proposes to amend its F– 1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F–1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension) . This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and increases oversight over STEM OPT extensions by, among other things, requiring the implementation of formal mentoring and training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools. As with the current 17-month STEM OPT extension, the proposed rule would authorize STEM OPT extensions only for students employed by employers enrolled in U.S. Citizenship and Immigration Services’(USCIS’) E-Verify employment eligibility verification program. The proposal also includes the‘‘Cap-Gap’’ relief first introduced in 2008 for any F–1 student with a timely filed H–1B petition and request for change of status. This Cap-Gap relief allows such students to automatically extend the duration of F–1 status and any current employment authorization until October 1 of the fiscal year for which such H–1B visa is being requested. In addition to improving the integrity and value of the STEM OPT program, this proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight, which will better ensure that students gain valuable practical STEM experience that supplements knowledge gained through their academic studies, while preventing adverse effects to U.S. workers. By earning a functional understanding of how to apply their academic knowledge in a work setting, students will be better positioned to begin careers in their fields of study. These on-the-job educational experiences would be obtained only with those employers that commit to developing students’ knowledge and skills through practical application. The proposed changes would also help ensure that the nation’s colleges and universities remain globally competitive in attracting international STEM students to study and lawfully remain in the United States. DATES: Comments must be received by DHS on or before November 18, 2015. Comments on the information collection provisions proposed in this rule must be received by DHS and the Office of Management and Budget (OMB) on or before November 18, 2015. ADDRESSES: You may submit comments, identified by the DHS docket number to this rulemaking, Docket No. ICEB– 2015–0002, to the Federal Docket Management System (FDMS), a government-wide, electronic docket management system, by one of the following methods: • Electronically: Submit comments to the Federal eRulemaking Portal at [http://www.regulations.gov.](http://www.regulations.gov. Follow the)[ Follow the](http:

FAQs

What changes does the proposed rule make to STEM OPT for eligible F–1 students?

It would extend the STEM OPT period by an additional 24 months, effectively replacing the current 17-month STEM OPT extension for eligible STEM students.

How would the proposal improve oversight of STEM OPT extensions?

It requires formal mentoring and training plans by employers, adds wage and other protections for STEM OPT students and U.S. workers, and restricts eligibility to degrees from accredited schools.

What is the Cap-Gap relief included in the proposal?

Cap-Gap relief allows certain F–1 students with a timely filed H–1B petition to automatically extend F–1 status duration and any current employment authorization until October 1 of the fiscal year associated with the H–1B request.

Sep 4, 2026

Upload by Asher