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

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DEPARTMENT OF HOMELAND provided by STEM OPT extensions and Management and Budget, 725 17th SECURITY increase oversight, which will better Street NW., Washington, DC 20503, ensure that students gain valuable ATTN: Desk Officer, U.S. Immigration 8 CFR Parts 214 and 274a practical STEM experience that and Customs Enforcement, DHS. See the Public Participation portion of [DHS Docket No. ICEB–2015–0002] supplements knowledge gained through their academic studies, while the SUPPLEMENTARY INFORMATION section RIN 1653–AA72 preventing adverse effects to U.S. below for additional instructions on workers. By earning a functional submitting comments. Improving and Expanding Training understanding of how to apply their FOR FURTHER INFORMATION CONTACT: Opportunities for F–1 Nonimmigrant academic knowledge in a work setting, Katherine Westerlund, Policy Chief Students With STEM Degrees and Cap- students will be better positioned to (Acting), Student and Exchange Visitor Gap Relief for All Eligible F–1 Students begin careers in their fields of study. Program, U.S. Immigration and Customs AGENCY: Department of Homeland These on-the-job educational Enforcement, 500 12th Street SW., Security. experiences would be obtained only Washington, DC 20536; telephone (703) with those employers that commit to 603–3400; email [email protected]. ACTION: Notice of proposed rulemaking. developing students’ knowledge and SUPPLEMENTARY INFORMATION: SUMMARY: skills through practical application. The The Department of Homeland Table of Contents Security (DHS) proposes to amend its F– proposed changes would also help 1 nonimmigrant student visa regulations ensure that the nation’s colleges and I. Public Participation on optional practical training (OPT) for universities remain globally competitive A. Submitting Comments certain students with degrees in science, in attracting international STEM B. Viewing Comments and Documents C. Privacy Act technology, engineering, or mathematics students to study and lawfully remain in the United States. D. Public Meeting (STEM) from U.S. institutions of higher II. Abbreviations education. Specifically, the proposal DATES: Comments must be received by III. Executive Summary would allow such F–1 STEM students DHS on or before November 18, 2015. A. Purpose of the Regulatory Action who have elected to pursue 12 months Comments on the information collection B. Summary of the Major Provisions of the of OPT in the United States to extend provisions proposed in this rule must be Regulatory Action the OPT period by 24 months (STEM received by DHS and the Office of C. Costs and Benefits OPT extension). This 24-month Management and Budget (OMB) on or IV. Background and Purpose A. Authority, Regulatory History, and extension would effectively replace the before November 18, 2015. Recent Litigation 17-month STEM OPT extension ADDRESSES: You may submit comments, B. ICE and SEVIS currently available to certain STEM identified by the DHS docket number to C. Basis and Purpose of Regulatory Action students. The rule also improves and this rulemaking, Docket No. ICEB– V. Discussion of Elements of the STEM OPT increases oversight over STEM OPT 2015–0002, to the Federal Docket Extension extensions by, among other things, Management System (FDMS), a A. Including a STEM OPT Extension requiring the implementation of formal government-wide, electronic docket Within the OPT Program mentoring and training plans by B. STEM Extension Period for OPT management system, by one of the C. STEM Definition and CIP Categories for employers, adding wage and other following methods: STEM OPT Extension protections for STEM OPT students and • Electronically: Submit comments to D. Mentoring and Training Plan U.S. workers, and allowing extensions the Federal eRulemaking Portal at E. USCIS E-Verify Employment only to students with degrees from http://www.regulations.gov. Follow the Verification Program accredited schools. instructions for submitting comments. F. Previously Obtained STEM Degrees As with the current 17-month STEM • Mail: Address your written G. Safeguarding U.S. Workers through OPT extension, the proposed rule would comments to the individual in the FOR Measures Consistent with Labor Market Protections authorize STEM OPT extensions only FURTHER INFORMATION CONTACT section H. Oversight through School Accreditation for students employed by employers below. DHS docket staff, which Requirements and Employer Site Visits enrolled in U.S. Citizenship and maintains and processes U.S. I. Additional Compliance Requirements Immigration Services’ (USCIS’) E-Verify Immigration and Customs J. Cap-Gap Extension for F–1 Students with employment eligibility verification Enforcement’s (ICE’s) official regulatory Timely Filed H–1B Petitions and Change program. The proposal also includes the dockets, will scan the submission and of Status Requests ‘‘Cap-Gap’’ relief first introduced in post it to FDMS. VI. Statutory and Regulatory Requirements 2008 for any F–1 student with a timely Collection of information. You must A. Executive Orders 12866 and 13563: filed H–1B petition and request for submit comments on the collection of Regulatory Planning and Review B. Regulatory Flexibility Act change of status. This Cap-Gap relief information discussed in this notice of C. Small Business Regulatory Enforcement allows such students to automatically proposed rulemaking both to DHS’s Fairness Act of 1996 extend the duration of F–1 status and docket and to OMB’s Office of D. Unfunded Mandates Reform Act any current employment authorization Information and Regulatory Affairs F. Collection of Information until October 1 of the fiscal year for (OIRA). OIRA submissions can be made G. Federalism which such H–1B visa is being using one of the listed methods. H. Civil Justice Reform requested. • Electronically (preferred): OIRA_ I. Energy Effects In addition to improving the integrity [email protected] (include the J. Environment K. Indian Tribal Governments and value of the STEM OPT program, docket number and ‘‘Attention: Desk L. Taking of Private Property this proposed rule also responds to a Officer for U.S. Immigration and M. Protection of Children court decision that vacated a 2008 DHS Customs Enforcement, DHS’’ in the N. Technical Standards regulation on procedural grounds. The subject line of the email). proposed rule includes changes to the • Fax: 202–395–6566. I. Public Participation policies announced in the 2008 rule to • Mail: Office of Information and We encourage you to participate in further enhance the academic benefit Regulatory Affairs, Office of this rulemaking by submitting

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comments and related materials. All B. Viewing Comments and Documents SEVIS Student and Exchange Visitor comments received will be posted Information System To view comments, as well as STEM Science, Technology, Engineering, or without change to http:// documents mentioned in this preamble www.regulations.gov and will include Mathematics as being available in the docket, go to U.S.C. United States Code any personal information you provide http://www.regulations.gov and insert USCIS U.S. Citizenship and Immigration unless you request that your personally the complete Docket number starting Services identifiable information be redacted. We with ‘‘ICEB’’ in the ‘‘Search’’ box. Click III. Executive Summary also invite comments relating to the on the ‘‘Open Docket Folder,’’ and you economic, environmental, energy, or can click on ‘‘View Comment’’ or ‘‘View A. Purpose of the Regulatory Action federalism impacts that might result All’’ under the ‘‘Comments’’ section of from this rulemaking action. See the This proposed rule would affect F–1 the page. Individuals without internet nonimmigrant students who seek to ADDRESSES section above for methods to access can make alternate arrangements submit comments. obtain a STEM OPT extension, as well for viewing comments and documents as F–1 nonimmigrant students who seek A. Submitting Comments related to this rulemaking by contacting so-called Cap-Gap relief. The F–1 If you submit comments, please ICE through the FOR FURTHER nonimmigrant classification is available include the docket number for this INFORMATION CONTACT section above. to certain academic students seeking temporary admission to the United rulemaking, indicate the specific section C. Privacy Act of this document to which each States as full-time students at an comment applies, and provide a reason Anyone can search the electronic established college, university, for each suggestion or recommendation. form of comments received into any of seminary, conservatory, academic high You may submit your comments and our dockets by the name of the school, elementary school, or other materials online or by mail, but please individual submitting the comment (or academic institution or in an accredited use only one of these means. We signing the comment, if submitted on language training program. To obtain F– recommend that you include your name behalf of an association, business, labor 1 nonimmigrant classification, the and a mailing address, an email address, union, etc.). You may wish to consider student must be enrolled in a full course or a phone number in the body of your limiting the amount of personal of study at a qualifying institution and document so that we can contact you if information that you provide in any have sufficient funds to self-support we have questions regarding your voluntary public comment submission during the entire proposed course of submission. ICE will file all comments you make to DHS. DHS may withhold study. Such course of study must occur sent to our docket address, as well as information provided in comments from at a school authorized by the U.S. items sent to the address or email under public viewing that it determines may government to accept international the FOR FURTHER INFORMATION CONTACT impact the privacy of an individual or students. section above, in the public docket, is offensive. For additional information, OPT is a form of temporary except for comments containing marked please read the Privacy Act notice that employment available to F–1 students confidential information. If you submit is available via the link in the footer of (except those in English language a comment, it will be considered http://www.regulations.gov. training programs) that directly relates to and complements a student’s study in received by ICE when it is received at D. Public Meeting the Docket Management Facility. the United States. A student can apply To submit your comments online, go We do not currently plan to hold a to engage in OPT during their academic to http://www.regulations.gov, and public meeting, but you may submit a program, known as ‘‘pre-completion insert the complete Docket number request for one on or before November OPT,’’ or after completing the academic starting with ‘‘ICEB’’ in the ‘‘Search’’ 18, 2015 using one of the methods program, known as ‘‘post-completion box. Click on the ‘‘Comment Now!’’ box specified under the ADDRESSES section OPT.’’ A student can apply for 12 and input your comment in the text box above. In your request, explain why you months of OPT at each education level provided. Click the ‘‘Continue’’ box, and believe a public meeting would be (e.g., one 12-month OPT period at the if you are satisfied with your comment, beneficial. If we determine that one bachelor’s level and another 12-month follow the prompts to submit it. If you would aid this rulemaking, we will hold period at the master’s level). While submit your comments by mail, submit one at a time and place announced by school is in session, the student may them in an unbound format, no larger a later notice in the Federal Register. work up to 20 hours per week pursuant 1 than 8 ⁄2 by 11 inches, suitable for II. Abbreviations to OPT. copying and electronic scanning and This notice of proposed rulemaking filing. Mailed submissions may be on CIP Classification of Instructional Program (NPRM) would make changes to the paper, electronic disk, or CD–ROM. If CFR Code of Federal Regulations current OPT program by lengthening the DHS Department of Homeland Security extension of the OPT period for certain you would like us to acknowledge DOS Department of State receipt of comments submitted by mail, DSO Designated School Official F–1 students who have earned STEM include with your comments a self- EBSVERA Enhanced Border Security and degrees. DHS first introduced an addressed, stamped postcard or Visa Entry Reform Act of 2002 extension of OPT for STEM graduates in envelope on which the docket number FDMS Federal Document Management a 2008 interim final rule (2008 IFR). See appears. We will stamp the date of System 73 FR 18944. Under the 2008 IFR, an F– receipt on the postcard and mail it to ICE U.S. Immigration and Customs 1 student with a STEM degree from a you. Enforcement U.S. institution of higher education may We will consider all comments and IIRIRA Illegal Immigration Reform and be eligible for an additional 17 months materials received during the comment Immigrant Responsibility Act of 1996 of OPT (17-Month STEM OPT IFR Interim Final Rule period and may change this proposed OPT Optional Practical Training Extension), provided that the employer rule based on your comments. The RIA Regulatory Impact Analysis from which the student sought docket is available for public inspection IRFA Initial Regulatory Flexibility Analysis employment was enrolled in USCIS’s E- before and after the comment closing SEVP Student and Exchange Visitor Verify employment eligibility date. Program verification program. As discussed in

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further detail below, on August 12, student participating in post-completion additional 60 days (for an aggregate of 2015, the U.S. District Court for the OPT to use a prior eligible STEM degree 150 days) for students who obtain a 24- District of Columbia ordered the vacatur from a U.S. institution of higher month STEM OPT extension. of the 2008 IFR for procedural education as a basis to apply for a STEM In addition to these changes (as deficiencies in its promulgation, and OPT extension, as long as the student’s compared to the 2008 IFR), the proposal remanded the issue to DHS. DHS is most recent degree was also received would retain other provisions of the proposing this rule to reinstate the from an accredited educational 2008 IFR, as follows: STEM OPT extension, with changes institution. Additionally, in order for • E-Verify and Reporting intended to enhance the academic such a student to be eligible for the Requirements for STEM OPT Employers. benefit afforded by the extension and STEM OPT extension, the employment The proposal would require STEM OPT increase program oversight, including opportunity must be directly related to employers to be enrolled in USCIS’ E- safeguards to protect U.S. workers.1 the previously obtained STEM degree. Verify program and to report certain • Safeguards for U.S. Workers in changes in the STEM OPT student’s B. Summary of the Major Provisions of Related Fields. To guard against adverse employment. the Regulatory Action effects on U.S. workers, this proposal • Reporting Requirements for STEM The proposal would again provide for would require terms and conditions of OPT Students. The proposal would an extension of OPT for certain F–1 a STEM practical training opportunity require STEM OPT students to report to students with STEM degrees. As (including duties, hours, and DHS any changes to their names or compared to the 2008 IFR, the proposed compensation) to be commensurate with addresses, as well as any changes to rule includes the following changes: those applicable to similarly situated their employers’ names or addresses. • Lengthened STEM Extension Period U.S. workers. In addition to requiring a Students would also be required to for OPT. The proposal would increase related attestation in the Mentoring and periodically verify the accuracy of this the OPT extension period for STEM Training Plan, an employer would also reporting information. OPT students from the 2008 IFR’s 17 be required to attest that: (1) The • Cap-Gap Extension for F–1 months to 24 months. The proposal employer has sufficient resources and Nonimmigrants with Timely Filed H–1B would also make F–1 students who trained personnel available to provide Petitions and Requests for Change of subsequently enroll in a new academic appropriate mentoring and training in Status. The proposal would include the program and earn another qualifying connection with the specified 2008 IFR’s ‘‘Cap-Gap’’ provision, under STEM degree at a higher educational opportunity; (2) the employer will not which DHS would temporarily extend level eligible for one additional 24- terminate, lay off, or furlough any full- an F–1 student’s duration of status and month STEM OPT extension. or part-time, temporary or permanent any current employment authorization • STEM Definition and CIP Categories U.S. workers as a result of providing the if the student is the beneficiary of a for STEM OPT Extension. The proposed STEM OPT to the student; and (3) the timely filed H–1B petition and requests rule would more clearly define which student’s opportunity assists the student a change of status. The Cap-Gap fields of study (more specifically, which in attaining his or her training extension would extend the OPT period Department of Education Classification objectives. until October 1 of the fiscal year for of Instructional Program (CIP) • School Accreditation and Employer which the H–1B visa is being requested. categories) may serve as the basis for a Site Visits. The proposal would enhance STEM OPT extension. The proposal also the academic benefit and oversight of C. Costs and Benefits sets forth a process for public STEM OPT extensions by (1) generally The anticipated costs of compliance notification in the Federal Register limiting eligibility to students with with the proposed rule, as well as the when DHS updates the list of eligible degrees from schools that are accredited benefits, are discussed at length in STEM fields on the Student and by an accrediting agency recognized by section VI, entitled ‘‘Statutory and Exchange Visitor Program’s (SEVP’s) the Department of Education; and (2) Regulatory Requirements—Executive Web site. clarifying DHS discretion to conduct Orders 12866 and 13563.’’ A combined • Mentoring and Training Plan. The employer on-site reviews at worksites to Regulatory Impact Analysis (RIA) and proposal would require employers to verify whether employers are meeting an Initial Regulatory Flexibility implement formal mentoring and program requirements, including that Analysis (IRFA) are available in the training programs to augment students’ they possess and maintain the ability docket as indicated under the Public academic learning through practical and resources to provide structured and Participation section of this preamble. A experience, intended to equip students guided work-based learning summary of the analysis follows. with a more comprehensive experiences. As shown in the Summary Table understanding of their selected area of • Compliance Requirements. In below, DHS estimates that the costs of study and broader functionality within addition to reinstating the 2008 IFR’s the standards proposed in this rule that field. reporting and compliance requirements, would be approximately $503.3 million • Previously Obtained STEM Degrees. the proposal would revise the number of over the period 2016–2025, discounted The proposal would permit an F–1 days that an F–1 student may remain at 7 percent, or $71.7 million per year unemployed during the practical when annualized at a 7 percent discount 1 These changes are consistent with the direction training period. The current program rate. provided in the Secretary of Homeland Security’s November 20, 2014 memorandum entitled, allows a student to be unemployed up With respect to benefits, making the ‘‘Policies Supporting U.S. High Skilled Businesses to 90 days during his or her initial STEM OPT extension available to and Workers.’’ DHS recognizes the nation’s need to period of post-completion OPT, and up additional students and extending the evaluate, strengthen, and improve practical training to an additional 30 days (for an current 17-month extension will as part of an overall strategy to enhance our nation’s economic, scientific, and technological aggregate of 120 days) if the student enhance students’ ability to achieve the competitiveness. Highly skilled persons educated in receives a 17-month STEM OPT objectives of their courses of study by the United States contribute significantly to the U.S. extension. The proposed rule would gaining valuable knowledge and skills economy, including advances in entrepreneurial retain the 90-day maximum period of through on-the-job training that is often and research and development endeavors, which correlate highly with overall economic growth and unemployment during the initial period unavailable in their home countries. job creation. of post-completion OPT, but allow an The proposed changes will also benefit

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the U.S. educational system, U.S. requirements for training and updates to employers and DSOs. DSOs employers, and the United States. The mentoring, tracking objectives, reporting will incur costs for reviewing rule will benefit the U.S. educational on program compliance, and information and forms submitted by system by helping ensure that the accreditation of participating schools students, inputting required information nation’s colleges and universities would further prevent abuse of the into the Student and Exchange Visitor remain globally competitive in limited on-the-job training opportunities Information System (SEVIS), and attracting international students in provided by this program. These and complying with other oversight STEM fields. U.S. employers will other proposals would also improve requirements related to prospective and benefit from the increased ability to rely program oversight, strengthen the participating STEM OPT students. on the skills acquired by STEM OPT requirements for program participation, Employers of STEM OPT students will students while studying in the United and better ensure that U.S. workers are incur burdens for preparing the States, as well as their knowledge of protected. Mentoring and Training Plan with markets in their home countries. And The Summary Table below presents a students, evaluating whether the the nation will benefit from the summary of the benefits and costs of the students are receiving on-the-job increased retention of such students in proposed rule. The costs are discounted learning experiences as outlined in the the United States, including through at seven percent. Students will incur Mentoring and Training Plan, enrolling increased research, innovation, and costs for completing application forms in (if not previously enrolled) and using other forms of productivity that enhance and paying application fees; reporting to the E-Verify system to verify the nation’s economic, scientific, and designated school officials (DSOs); employment eligibility for all new hires, technological competitiveness. preparing, with their employers, the and complying with additional Furthermore, strengthening the STEM Mentoring and Training Plan required requirements related to the E-Verify OPT extension by implementing by this rule; and periodically submitting system.

SUMMARY TABLE—ESTIMATED COSTS AND BENEFITS OF NPRM, ($2014 MILLIONS)

STEM OPT E-Verify Total

10-Year Cost Annualized at 7 Percent Discount Rate ...... $64.9 ...... $6.8 ...... $71.7 10-Year Cost Annualized at 3 Percent Discount Rate ...... $66.9 ...... $7.2 ...... $74

Qualitative Costs ...... • Cost to students and schools resulting from proposed accreditation require- ment; • Cost to employers from the proposed requirement to provide STEM OPT stu- dents commensurate compensation to similarly situated U.S. workers; and • Decreased practical training opportunities for students no longer eligible for the program due to proposed improvements to the STEM OPT extension.

Monetized Benefits ...... N/A ...... N/A

Non-monetized Benefits ...... • Increased ability of students to gain valuable knowledge and skills through on- the-job training in their field that is often unavailable in their home countries; • Increased global attractiveness of U.S. colleges and universities; and • Increased program oversight and strengthened requirements for program par- ticipation, and new protections for U.S. workers.

Net Benefits ...... N/A ...... N/A ...... N/A

IV. Background and Purpose may be admitted to the United States. 8 employment for practical training under U.S.C. 1184(a)(1), INA section 214(a)(1). certain conditions).2 A. Authority, Regulatory History, and The Secretary also has broad authority ICE manages and oversees significant Recent Litigation to determine which individuals are elements of the F–1 nonimmigrant The Secretary of Homeland Security ‘‘authorized’’ for employment in the student process, including the (Secretary) has broad authority to United States. 8 U.S.C. 1324a(h)(3). certification of schools and institutions in the United States that enroll administer and enforce the nation’s Federal agencies dealing with nonimmigrant students. In overseeing immigration laws. See generally 6 immigration have long interpreted U.S.C. 202; Immigration and Nationality these institutions, ICE uses SEVIS to section 101(a)(15)(F)(i) of the INA and track and monitor foreign students, and Act of 1952, as amended, (INA) section related authorities to encompass on-the- 103, 8 U.S.C. 1103. Section communicate with the schools that job-training that supplements classroom enroll them, while they are in the 101(a)(15)(F)(i) of the INA establishes training. See, e.g., 12 FR 5355, 5357 the F–1 nonimmigrant classification for United States and participating in (Aug. 7, 1947) (authorizing employment educational opportunities. This tracking individuals who wish to come to the for practical training under certain United States temporarily to enroll in a conditions, pursuant to statutory 2 full course of study at an academic or During a brief period following the Immigration authority substantially similar to current Act of 1990, Congress expanded employment language training school certified by INA section 101(a)(15)(F)(i)); 38 FR authorization for foreign students by allowing for a ICE’s SEVP. 8 U.S.C. 1101(a)(15)(F)(i). three-year pilot program in which students could be 35425, 35426 (Dec. 28, 1973) (also The INA provides the Secretary with employed off-campus in positions unrelated to the authorizing, pursuant to the INA, broad authority to determine the time student’s field of study. Pub. L. 101–649, sec. 221(a), 104 Stat. 4978, 5027 (Nov. 29, 1990). In and conditions under which general, however, practical training has historically nonimmigrants, including F–1 students, been limited to the student’s field of study.

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and monitoring program is required and student is allowed a 60-day ‘‘grace was engaged in practical training with supported by additional statutory and period’’ after the completion of the an employer enrolled in the E-Verify other authority.3 academic program or OPT to prepare for employment eligibility verification departure from the United States. 8 CFR program. As a result of that rule, F–1 OPT Background 214.2(f)(5)(iv). students granted STEM OPT extensions A student in F–1 status may remain Unless an F–1 student meets certain were required to report to their DSOs in the United States for the duration of limited exceptions, he or she may not be any changes in their names or his or her education if otherwise employed in the United States during addresses, as well as any changes in meeting the requirements for the the term of his or her F–1 status. DHS their employer’s information (including maintenance of status. 8 CFR permits an F–1 student who has been name or address), and periodically 214.2(f)(5)(i). Once an F–1 student has enrolled on a full-time basis for at least validate the accuracy of this completed his or her academic program one full academic year in a college, information. The rule further required and any subsequent period of OPT, the university, conservatory, or seminary employers of such students to report to student must generally leave the United certified by SEVP, and who has the relevant DSO within two business States unless he or she: enrolls in otherwise maintained his or her status, days if a student was terminated from or another academic program, either at the to apply for practical training to work otherwise left employment prior to the same school or at another SEVP- for a U.S. employer in a job directly end of the authorized period of OPT. certified school; changes to a different related to his or her major area of study. The rule allowed an F–1 student to nonimmigrant status; or otherwise 8 CFR 214.2(f)(10). DHS had previously apply for post-completion OPT within legally extends his or her period of limited the duration of OPT to a period the 60-day grace period at the authorized stay in the United States. As of up to 12 months at a given conclusion of his or her academic noted, DHS regulations have long educational level. An F–1 student may program. The rule also limited the total defined an F–1 student’s duration of seek employment through OPT either period in which students on initial post- status to include a foreign student’s during his or her academic program completion OPT could be unemployed practical training. See, e.g., 48 FR (pre-completion OPT) or immediately to 90 days. Students granted 17-month 14575, 14583 (Apr. 5, 1983).4 An F–1 after graduation (post-completion OPT). STEM OPT extensions were provided an The student remains in F–1 additional 30 days in which they could 3 DHS derives its authority to manage these nonimmigrant status throughout the be unemployed, for an aggregate period programs from several sources, including, in OPT period. Thus, an F–1 student in addition to the authorities cited above, section 641 of 120 days. of Illegal Immigration Reform and Immigrant post-completion OPT does not have to The 2008 IFR also addressed the so- Responsibility Act of 1996 (IIRIRA), Pub. L. 104– leave the United States within 60 days called ‘‘Cap-Gap’’ problem, which 208, 110 Stat. 3009–546, 3009–704 (Sep. 30, 1996) after graduation, but instead has resulted when the expiration of an F–1 (codified as amended at 8 U.S.C. 1372), which authorizes the creation of a program to collect authorization to remain for the entire student’s OPT authorization occurred current and ongoing information provided by post-completion OPT period. 8 CFR prior to the commencement of the schools and exchange visitor programs regarding F 214.2(f)(5)(i). This initial post- validity of an H–1B petition filed on his and other nonimmigrants during the course of their completion OPT period (i.e., a period of or her behalf. Specifically, F–1 students stays in the United States, using electronic reporting technology where practicable. Consistent practical training immediately following on initial post-completion OPT with this statutory authority, DHS manages these completion of an academic program) frequently complete their period of programs pursuant to Homeland Security can be up to 12 months, except in authorized practical training in June or Presidential Directive—2 (HSPD—2) (Combating certain circumstances involving July of the year following graduation. If Terrorism Through Immigration Policies, Oct. 29, 2001, as amended by HSPD—5 (Management of students who engaged in either pre- such students are beneficiaries of H–1B Domestic Incidents, Feb. 28, 2003, Compilation of completion OPT or what is known as petitions and requests for change of HSPDs (updated through Dec. 31, 2007) available at ‘‘curricular practical training’’ (CPT).5 status for H–1B classification http://www.gpo.gov/fdsys/pkg/CPRT- On April 8, 2008, DHS published an 110HPRT39618/pdf/CPRT-110HPRT39618.pdf), commencing in the following fiscal year which requires the Secretary of Homeland Security interim final rule in the Federal (beginning on October 1), they will be to conduct periodic, ongoing reviews of institutions Register (73 FR 18944) that, in part, unable to obtain their H–1B status certified to accept F nonimmigrants, and to include extended the maximum period of OPT before their OPT period expires. Prior to checks for compliance with recordkeeping and from 12 to 29 months (through a 17- reporting requirements, see Weekly Comp. Pres. the 2008 IFR, such students were often Docs., 37 WCPD 1570, http://www.gpo.gov/fdsys/ month ‘‘STEM OPT extension’’) for an required to leave the country for a few granule/WCPD-2001-11-05/WCPD-2001-11-05- F–1 student who obtained a degree in a months until they were able to obtain Pg1570/content-detail.html; and Section 502 of the designated STEM field from a U.S. their H–1B status on October 1. The Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSVERA), Pub. L. 107–173, 116 Stat. institution of higher education and who 2008 IFR addressed this problem 543, 563 (May 14, 2002), which directs the through a Cap-Gap provision that briefly Secretary to review the compliance with 5 CPT provides a specially-designed program extended the F–1 nonimmigrant’s recordkeeping and reporting requirements under 8 through which students can participate in an authorized period of stay and U.S.C. 1101(a)(15)(F) and 1372, and INA internship, alternative study, cooperative 101(a)(15)(F), of all schools approved for attendance education, or similar programs. 52 FR 13223 (April employment authorization to enable the by F students within two years of enactment, and 22, 1987). Currently defined to also include student to remain in the United States every two years thereafter. Moreover, the programs practicums, CPT allows sponsoring employers to until they could obtain their H–1B discussed in this rule, as is the case with all DHS train F–1 nonimmigrant students as part of the programs, are carried out in keeping with DHS’s students’ established curriculum within their status. primary mission that includes the responsibility to schools. 8 CFR 214.2(f)(10)(i). CPT must relate to DHS received over 900 comments in ‘‘ensure that the overall economic security of the and be integral to a student’s program of study. response to the 2008 IFR. Such United States is not diminished by the efforts, Unlike OPT and other training or employment, comments were submitted by a range of activities, and programs aimed at securing the however, CPT can be full time even while a student entities and individuals, including homeland.’’ 6 U.S.C. 111(b)(1)(F). is attending school that is in session. Schools have 4 See Washington Alliance of Tech. Workers v. oversight of CPT through their DSOs, who are schools and universities, students, U.S. Dep’t of Homeland Security, No. 1:14–cv– currently responsible for authorizing CPT that is professional associations, labor 00529, WL (D.D.C. Aug. 12, 2015) (slip op.), 25–26 directly related to the student’s major area of study organizations, advocacy groups, and (finding that DHS’s interpretation permitting and reporting certain information, including the businesses. In addition, DHS engaged ‘‘employment for training purposes without employer and location, the start and end dates, and requiring school enrollment’’ is ‘‘ ‘longstanding’ and whether the training is full time or part time. 8 CFR the public and affected schools in a entitled to [judicial] deference’’). 214.2(f)(10)(i)(B). series of meetings held across the

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country during the 2008 IFR’s public ‘‘permit[ting F–1 student] employment comment via this proposed rule. As comment period. DHS added transcripts for training purposes without requiring described in more detail throughout this of questions and comments from those ongoing school enrollment.’’ preamble, the revisions proposed by this meetings to the docket for the 2008 Washington Alliance, at *26–27. The rule are intended to continue and IFR.6 Public comments received on the court recognized the Secretary’s broad further enhance the academic benefit of 2008 IFR, and other records, may be authority under the INA ‘‘to regulate the the STEM OPT extension, while reviewed at the Docket for that rule, No. terms and conditions of a protecting STEM OPT students and U.S. ICEB–2008–0002, available at nonimmigrant’s stay, including its workers. DHS welcomes public input on www.regulations.gov. duration.’’ Id. at *29 (citing 8 U.S.C. all aspects of this proposal and will As described immediately below, in 1103(a), 1184(a)(1)). The court also consider and respond to comments on light of the period of time that has recognized the Secretary’s authority to the newly proposed rule following the elapsed since the 2008 IFR, and due to consider the potential economic comment period. the vacatur of that rule, DHS has contributions and labor market impacts B. ICE and SEVIS established a new docket for this that may result from particular rulemaking. DHS welcomes comments regulatory decisions. Id. (citing 6 U.S.C. As noted above, ICE’s SEVP serves as on all aspects of this new proposal. 111(b)(1)(F)). the central liaison between the U.S. Comments submitted on the 2008 IFR As noted above, the court ultimately educational community and U.S. will not be automatically incorporated vacated the 2008 IFR on procedural government agencies that have an into the docket for this rulemaking; grounds. Recognizing the disruption interest in information regarding F and commenters should resubmit those and uncertainty that an immediate M nonimmigrants.9 ICE directs and comments as necessary. DHS intends to vacatur might cause, however, the court oversees the process by which schools respond to any significant comments stayed the vacatur until February 12, interact with F and M students to obtain submitted in connection with this 2016, to provide time for DHS to correct information relevant to their proposed rule in the final rule for this the deficiency through notice-and- immigration status and relay that proceeding. comment rulemaking. Id. at *37.8 The information to the U.S. Government. ICE court specifically explained that the stay uses the SEVIS system to certify schools Washington Alliance Litigation and designate exchange visitor Regarding the 2008 IFR was necessary to avoid ‘‘substantial hardship for foreign students and a programs, and to monitor F, J,10 and M On August 12, 2015, the U.S. District major labor disruption for the nonimmigrants during their stay in the Court for the District of Columbia issued technology sector’’ and that immediate United States.11 an order in the case of Washington vacatur of the STEM OPT extension ICE’s SEVP carries out its Alliance of Tech. Workers v. U.S. Dep’t would be ‘‘seriously disruptive.’’ Id. at programmatic responsibilities through of Homeland Security, No. 1:14–cv– *36. SEVIS, a Web-based data entry, 00529,lll WL lll (D.D.C. Aug. Litigation in this matter is ongoing, as collection and reporting system. DHS, 12, 2015) (Washington Alliance) (slip the plaintiff has appealed a portion of DOS, and other government agencies, as op.). Although the court held that the the court’s August 12, 2015 decision. It well as SEVP-certified schools and DOS- 2008 IFR rested upon a reasonable is thus unclear what the final designated exchange visitor programs, interpretation of the INA, the court also disposition of the case may be. use SEVIS data to monitor F, J, and M held that DHS violated the notice and Nevertheless, it is clear that if DHS does nonimmigrants for the duration of their comment provisions of the not act before the court’s vacatur takes admission in the United States. ICE and Administrative Procedure Act (APA), 5 effect on February 12, 2016, a significant DOS require certified schools and U.S.C. 553, by promulgating the 2008 number of students may be unable to designated exchange visitor programs to IFR without advance notice and update information on their approved F, 7 pursue valuable training opportunities opportunity for public comment. In its that would otherwise be available to J, and M nonimmigrants regularly after order, the court invalidated the 2008 them. their admission into the United States IFR as procedurally deficient, and With this proposed rule, DHS and throughout their stay. SEVIS data is remanded the issue to DHS. proposes to provide an extension of also used to verify the eligibility of With respect to DHS’s interpretation OPT for certain STEM students, but individuals applying for F, J, and M of the F–1 student visa provisions in the with significant revisions as compared nonimmigrant status, to expedite port of INA, the court found ample support for to the 2008 IFR. DHS thanks the public entry screening by U.S. Customs and DHS’s longstanding practice of for its helpful input and engagement 9 during the public comment period A foreign student is admitted into the United 6 Many of the comments submitted to the docket States in F–1 nonimmigrant status to attend an for the 2008 IFR were requests for the addition of related to the 2008 IFR. In light of the academic or language training school or in M–1 specific programs of study to the STEM Designated aforementioned developments, status to attend a vocational education school. An Degree Programs list. Other comments addressed a however, DHS has determined that it accompanying spouse or minor child may be variety of key issues, including concerns about the will replace the 2008 IFR in its entirety admitted as an F–2 or M–2 dependent. potential impact of the extension of OPT, 10 Under section 101(a)(15)(J) of the INA, 8 U.S.C. unemployment limits during the 17-month and seek a fresh round of public 1101(a)(15)(J), a foreign citizen may be admitted extension of STEM OPT, the E-Verify requirement into the United States in nonimmigrant status as an for the 17-month extension of STEM OPT, the 8 In an earlier preliminary ruling in the case exchange visitor (J visa). The Department of State distinction between pre- and post-completion OPT, regarding plaintiffs challenge to DHS’s general OPT (DOS) designates and manages exchange visitor and student reporting requirements. As noted and STEM OPT program, the court held that programs. below, this rule proposes changes in a number of plaintiff did not have standing to challenge the 11 See IIRIRA sec. 641 (codified as amended at 8 these areas, based in part on public input received general OPT program on behalf of its members U.S.C. 1372) (requiring the creation of a program to in 2008. because it had not identified a member of its collect current and ongoing information provided 7 The court withheld judgment on the agency’s association who suffered any harm from the general by schools and exchange visitor programs regarding substantive rationale for the 2008 IFR specifically. OPT program. See Washington Alliance of Tech. F, J, or M nonimmigrants during the course of their See Washington Alliance, at p. 29, n.9. As noted, Workers v. U.S. Dep’t of Homeland Security, 74 F. stay in the United States, using electronic reporting however, the court found ample support for the Supp. 3d 247, 252 & n.3 (D.D.C. 2014). The court technology where practicable). IIRIRA also Government’s longstanding practice of granting F– held in the alternative that the challenge to the authorized the Secretary, acting through SEVP, to 1 students employment authorization for practical general OPT program was barred by the applicable certify schools to participate in F or M student training. statute of limitations. enrollment.

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Border Protection, to assist USCIS in 1. Benefits of International Students in students, for example ‘‘enrich U.S. processing immigration benefit the United States universities and communities with applications, to monitor nonimmigrant unique perspectives and experiences In proposing this rule, DHS status maintenance and, as needed, to that expand the horizons of American recognizes the substantial economic, facilitate timely removal. students and [make] U.S. institutions scientific, technological, and cultural more competitive in the global C. Basis and Purpose of Regulatory benefits provided by the F–1 economy.’’ 17 At the same time, ‘‘the Action nonimmigrant program generally, and international community in American As noted above, this proposed rule the STEM OPT extension in particular. colleges and universities has would effectively reinstitute portions of As described below, international implications regarding global the 2008 IFR, with significant students have historically made relationships, whether that is between modifications and enhancements. significant contributions to the United nation-states, or global business and Public comments received on the 2008 States, both through the payment of economic communities.’’ 18 IFR were overwhelmingly positive. tuition and other expenditures in the International education and exchange at Although, as described in more detail U.S. economy, as well as by the post-secondary level in the United below, many commenters recommended significantly enhancing academic States builds relationships that specific changes to the STEM OPT discourse and cultural exchange on ‘‘promote cultural understanding and extension and some commenters campuses throughout the United States. dialogue,’’ integrating a global objected to the 2008 IFR altogether, the In addition to these general benefits, dimension into the purpose and vast majority of commenters—including STEM students further contribute functions of higher education through students, educational institutions, through research, innovation, and the the ‘‘diversity in culture, politics, advocacy groups, and STEM provision of knowledge and skills that religions, ethnicity, and worldview’’ employers—expressed strong support help maintain and grow increasingly brought by international students in the for the rule’s main provisions. DHS important sectors of the U.S. economy. United States.19 continues to believe that practical Foreign students, for example, Accordingly, foreign students provide training is frequently a key element of regularly contribute a significant substantial benefits to their U.S. colleges F–1 students’ educational experience, amount of money into the U.S. and universities, including beneficial and that STEM students in particular economy. According to statistics economic and cultural impacts. A study may benefit from an extended period of compiled by the Association of by Duke University in 2013 analyzing time in practical training. For the International Educators (NAFSA), 5,676 alumni surveys showed that reasons discussed below, DHS also foreign students made a net contribution ‘‘substantial international interaction believes that attracting and retaining of $26.8 billion to the U.S. economy in was positively correlated with U.S. 13 such students is in the short-term and the 2013–2014 academic year. This students’ perceived skill development long-term economic, cultural, and contribution included tuition ($19.8 in a wide range of areas across three 20 security interests of the nation. billion) and living expenses for self and cohorts.’’ Current research also DHS also recognizes that it must family ($16.7 billion), after adjusting for suggests that international students 14 quickly address the imminent vacatur of U.S. financial support ($9.7 billion). contribute to the overall economy by the 2008 IFR, and the significant And public colleges and universities building global connections between 21 uncertainty surrounding the status of particularly benefit from the payment of their hometowns and U.S. host cities. thousands of students in the United tuition by foreign students, especially in Evidence links skilled migration to States. As of September 16, 2015, over comparison to the tuition paid by in- transnational business creation, trade, 15 34,000 students were in the United state students. www.whitehouse.gov/sites/default/files/rss_viewer/ States on a STEM OPT extension. In Foreign students also increase the _ _ benefits of academic exchange, while national security strategy.pdf. addition, hundreds of thousands of 17 U.S. Department of State, ‘‘Why international students, most of whom reinforcing ties with foreign countries Internationalize,’’ available at https:// are in F–1 status, have already chosen and fostering increased understanding educationusa.state.gov/us-higher-education- of American society.16 International professionals/why-internationalize (last visited to enroll in U.S. educational institutions Sept. 29, 2015). and are currently pursuing courses of 18 Pamela Leong, ‘‘Coming to America: Assessing study in fields that may provide See Science and Engineering Indicators 2014 (NSF) the Patterns of Acculturation, Friendship at Chapter 4 (International Comparisons), at 4–17, Formation, and the Academic Experiences of eligibility for this program. Some of available at http://www.nsf.gov/statistics/seind14/ those students may have considered the International Students at a U.S. College,’’ Journal of index.cfm/chapter-4. According to NSF, the United International Students Vol. 5 (4): 459–474 (2015) at opportunities offered by the STEM OPT States expends $429 billion of the estimated $1.435 p. 459. trillion in global science and engineering R&D (p. extension when deciding whether to 19 Hugo Garcia and Maria de Lourdes Villareal, 4–17), and business, government, higher education, ‘‘The ‘‘Redirecting’’ of International Students: pursue their degree in the United States. and non-profits in the United States expend more American Higher Education Policy Hindrances and DHS must therefore act swiftly to than double that of any other country (Table 4–5). Implications,’’ Journal of International Students 13 mitigate the uncertainty surrounding the NAFSA: Association of International Vol. 4 (2): 126–136 (2014) at p. 132. 2008 IFR. Prompt action is particularly Educators, ‘‘The Economic Benefits of International 20 Jiali Luo and David Jamieson-Drake, appropriate with respect to those Students: $26.8 billion Contributed; 340,000 U.S. ‘‘Examining the Educational Benefits of Interacting Jobs Supported; Economic Analysis for Academic with International Students’’ at 96 (June 2013), students who have already committed to Year 2013–2014’’, available at http:// _ _ available at https://jistudents.files.wordpress.com/ study in the United States, in part based www.nafsa.org/ /File/ /eis2014/USA.pdf. 2013/05/2013-volume-3-number-3-journal-of- on the possibility of furthering their 14 Id. international-students-published-in-june-1– education through an extended period 15 Washington Post, ‘‘College Group Targets 2013.pdf. The authors noted that U.S. educational Incentive Payments for International Student institutions play an important role in ensuring U.S. of practical training in the world’s Recruiters’’ (June 2, 2011), available at http:// 12 students benefit as much as possible from this leading STEM economy. www.washingtonpost.com/local/education/college- interaction. group-targets-incentive-payments-for-international- 21 Brookings Institution, ‘‘The Geography of 12 The National Science Foundation reports that student-recruiters/2011/05/31/AGvl5aHH_ Foreign Students in U.S. Higher Education: Origins the United States is the largest single science and story.html. and Destinations’’ (August 29, 2014), available at engineering R&D-performing nation in the world, 16 See The White House, National Security http://www.brookings.edu/research/interactives/ accounting for just under 30% of the global total. Strategy 29 (May 2010), available at https:// 2014/geography-of-foreign-students#/M10420.

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and direct investment between the to 18 percent.26 Research has also the overall number of foreign students United States and a migrant’s country of shown that foreign-born workers are increased over that period, the nation’s origin.22 particularly innovative, especially in share of such students decreased. In Foreign STEM students, of course, research and development, and that 2001, the United States received 28 contribute to the United States in all the they have positive spillover effects on percent of international students; by ways mentioned above. But they also native-born workers.27 One paper, for 2011 that share had decreased to 19 contribute more specifically to a number example, shows that foreign-born percent.33 Countries such as Canada, the of advanced and innovative fields that workers patent at twice the rate of U.S.- United Kingdom, New Zealand, are critical to national prosperity and born workers, and that U.S.-born Australia, Malaysia, Taiwan, and China security. By conducting scientific workers patent at greater rates in areas are actively instituting new strategies to 34 research, developing new technologies, with more immigration.28 The quality of attract international students. advancing existing technologies, and the nation’s STEM workforce in For example, Canada also recognizes creating new products and industries, particular has played a central role in that educational institutions need ensuring national prosperity over the international students to compete in the for example, STEM workers diversify 35 the economy and drive economic last century and helps bolster the ‘‘global race for research talent.’’ In growth, while also producing increased nation’s economic future.29 This, in April, 2008, Canada modified its Post- employment opportunities and higher turn, has helped to enhance national Graduation Work Permit Program to wages.23 A premise supported by security, which is dependent on the allow international students who have economic research is that Scientists, nation’s ability to maintain a growing graduated from a recognized Canadian Technology professionals, Engineers, and innovative economy.30 Innovation post-secondary institution to stay and and Mathematicians (STEM workers) is crucial for economic growth, which in gain valuable post-graduate work are fundamental inputs in scientific turn is vital to continued funding for experience for a period equal to the innovation and technological adoption, defense and security.31 length of the student’s study program, critical drivers of productivity growth in up to a maximum of three years, with 2. Increased Competition for no restrictions on type of the United States.24 For example, International Students employment.36 research has shown that foreign This change resulted in students who earn a degree and remain DHS recognizes that the United States a 64% increase in the number of post- has long been a global leader in graduation work permits issued to in the United States are more likely than 37 native-born workers to engage in international education. The number of international students in 2008. By activities, such as patenting and the foreign students affiliated with U.S. 2014, the number of international commercialization of patents, that colleges and universities grew by 72 International Students: Enrollment Trends, increase U.S. labor productivity.25 percent between 1999 and 2013 to a 32 available at http://www.iie.org/Research-and- Similarly, other research has found that total of 886,052. However, although Publications/Open-Doors/Data/International- a one percentage-point increase in Students/Enrollment-Trends/1948-2014). 26 immigrant college graduates’ population Jennifer Hunt and Marjolaine Gauthier-Loiselle, 33 Organization for Economic Co-operation and ‘‘How Much Does Immigration Boost Innovation?’’ Development (OECD) 2014, ‘‘Education at a Glance share increases patents per capita by 9 American Economic Journal: Macroeconomics 2: 2014: OECD Indicators,’’ OECD Publishing at 31–56 (2010). http://dx.doi.org/10.1787/eag-2014-en or http:// 22 Sonia Plaza, Diaspora resources and policies, 27 Id. www.oecd.org/edu/eag.htm. in International Handbook on the Economics of 28 Id. 34 University World News Global Edition Issue Migration, 505–529 (Amelie F. Constant and Klaus 29 Greenstone and Looney, supra note 23, at 2–3. 376, ‘‘Schools are the New Battleground for Foreign F. Zimmermann, eds., 2013). 30 See Congressional Research Service, Economics Students’’ (July 15, 2015), available at http:// 23 See Michael Greenstone and Adam Looney, ‘‘A and National Security: Issues and Implications for www.universityworldnews.com/ Dozen Economic Facts About Innovation’’ 2–3, U.S. Policy 28, available at https://www.fas.org/sgp/ article.php?story=201507150915156. available at http://www.brookings.edu/∼/media/ crs/natsec/R41589.pdf [hereinafter Economics and 35 Citizenship and Immigration Canada, research/files/papers/2011/8/innovation- National Security]; see also The White House, ‘‘Evaluation of the International Student Program’’ greenstone-looney/08_innovation_greenstone_ National Security Strategy 16 (Feb. 2015), available 14 (July 2010) available at http://www.cic.gc.ca/ looney.pdf [hereinafter Greenstone and Looney]; at https://www.whitehouse.gov/sites/default/files/ english/pdf/research-stats/2010-eval-isp-e.pdf Bureau of Labor Statistics 2014 data show that docs/2015_national_security_strategy.pdf (citing Association of Universities and Colleges of employment in occupations related to STEM has (‘‘Scientific discovery and technological innovation Canada, Momentum: The 2008 report on university been projected to grow more than 9 million, or 13 empower American leadership with a competitive research and knowledge mobilization: A Primer: percent, during the period between 2012 and 2022, edge that secures our military advantage, propels Driver 2: Global race for research talent, 3 (2008) 2 percent faster than the rate of growth projected our economy, and improves the human condition.’’) [hereinafter Evaluation of the Int’l Student for all occupations. Bureau of Labor Statistics, [hereinafter 2015 National Security Strategy]; The Program]. Occupational Outlook Quarterly, Spring 2014, White House, National Security Strategy 29 (May 36 Citizenship and Immigration Canada, Study ‘‘STEM 101: Intro to Tomorrow’s Jobs’’ 6, available 2010), available at https://www.whitehouse.gov/ permits: Post Graduation Work Permit Program, at http://www.stemedcoalition.org/wp-content/ sites/default/files/rss_viewer/national_security_ available at http://www.cic.gc.ca/english/resources/ uploads/2010/05/BLS-STEM-Jobs-report-spring- strategy.pdf (‘‘America’s long-term leadership tools/temp/students/post-grad.asp [hereinafter 2014.pdf. See also, Australian Government, depends on educating and producing future Canadian Study permits]. Similarly, Australia, now Strategic Review of the Student Visa Program 2011 scientists and innovators.’’). offers international students who graduate with a Report, ix, 1 (June 30, 2011), available at http:// 31 The 2015 National Security Strategy concludes higher education degree from an Australian www.border.gov.au/ReportsandPublications/ that ‘‘the American economy is an engine for global education provider, regardless of their field of Documents/reviews-and-inquiries/2011-knight- growth and a source of stability for the international study, a post-study work visa for up to four years, review.pdf#search=knight%20review (concluding system. In addition to being a key measure of power depending on the student’s qualification. Students that the economic benefit of international masters and influence in its own right, it underwrites our who complete a bachelor’s degree may receive a and doctoral research students includes third-party military strength and diplomatic influence. A strong two-year post study work visa, research graduates job creation). economy, combined with a prominent U.S. with a master’s degree are eligible for a three-year 24 See e.g., Giovanni Peri, Kevin Shih, Chad presence in the global financial system, creates work visa, and doctoral graduates are eligible for a Sparber, ‘‘Foreign STEM Workers and Native Wages opportunities to advance our security.’’ 2015 four-year work visa. See Australian Department of and Employment in U.S. Cities,’’ (National Bureau National Security Strategy, supra note 30, at 15. Immigration and Border Protection, Application for of Economic Research, May 2014), available at 32 Pew Research Center, ‘‘Growth from Asia a Temporary Graduate visa, available at http:// http://www.nber.org/papers/w20093. Drives Surge in U.S. Foreign Students’’ (June 18, www.border.gov.au/FormsAndDocuments/ 25 Jennifer Hunt, ‘‘Which Immigrants are Most 2015), available at http://www.pewresearch.org/ Documents/1409.pdf [hereinafter Australian Innovative and Entrepreneurial? Distinctions by fact-tank/2015/06/18/growth-from-asia-drives- Temporary Grad. visa]. Entry Visa,’’ Journal of Labor Economics Vol 29 (3): surge-in-u-s-foreign-students/ (citing Institute for 37 Evaluation of the Int’l Student Program, supra 417–457 (2011). International Education, Open Doors Data: note 29, at 9.

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students in the program more than F–1 nonimmigrant students and U.S. to U.S. workers will help protect both doubled its 2008 total.38 In addition, workers. Providing an on-the-job STEM OPT students and U.S. workers. Canada aims to double the number of educational experience through a U.S. Implementing the changes proposed in international students in the country to employer qualified to develop and this rule thus will more effectively assist 450,000 by 2022.39 enhance skills through practical STEM OPT students with achieving the In light of the United States’ decrease application has been DHS’s primary objectives of their courses of study in the percentage of international guiding objective. while also benefiting U.S. academic students received, and increased global Many of the elements of this proposed institutions and guarding against efforts to attract them, DHS believes that rule have been the result of public adverse effects on U.S. workers. the United States must take additional comment on the 2008 IFR, which Finally, DHS notes that the focus of steps to improve these students’ contained input from a range of this rule on the extension of OPT for educational experience (both academic stakeholders, including students and the STEM students also represents a step by and practical) to ensure that we do not broader academic community. This the agency to improve a discrete portion continue to lose ground. This is proposal also incorporates of the practical training program.42 DHS particularly true for foreign STEM recommendations from the Homeland is not considering adding the students, who have comprised a Security Academic Advisory Committee requirements contained within this significant portion of students in STEM (HSAAC).41 Following an in-depth rulemaking to the general OPT program degree programs in the United States, review of stakeholder feedback, DHS at this time. DHS may, however, particularly at the graduate degree level. believes that the changes proposed by consider the impacts of these proposed The difference is particularly stark at this rule to the existing STEM OPT changes, once implemented, as a model the doctoral level, where foreign extension would benefit both F–1 for possible future changes to practical students earned 56.9 percent of all students and international study training programs more generally. doctoral degrees in engineering; 52.5 programs in the United States, while percent of doctoral degrees in computer adding important protections. V. Discussion of Elements of the STEM and information sciences; and The changes will help improve the OPT Extension approximately half the doctoral degrees ability of F–1 STEM students to gain A. Including a STEM OPT Extension in mathematics and statistics in the valuable on-the-job training from Within the OPT Program 40 employers qualified to develop and 2012–2013 academic year. As referenced above, DHS is taking Recognizing that the international enhance skills through practical application. Maintaining and improving this action to include a STEM OPT education programs for these students extension as part of the OPT program are increasingly competitive, DHS is practical training for STEM students provides these students with an under the F–1 nonimmigrant committed to helping U.S. educational classification in order to better ensure, institutions contend with the expanded improved ability to absorb a full range of project-based practical skills and among other important national and diverse global opportunities for interests, that the U.S. academic sector international study. knowledge directly related to their study. can remain competitive globally. 3. The Need to Improve the Existing The proposed changes will also help Enabling continued extended OPT for STEM OPT Extension the nation’s colleges and universities qualifying students with experience in With this proposed rule, DHS also remain globally competitive, including STEM fields is consistent with DHS’s recognizes the need to strengthen the by improving their ability to attract ‘‘Study in the States’’ initiative, existing STEM OPT extension to foreign STEM students to study in the announced after the 2008 IFR in enhance the academic benefit of the United States. As noted above, these September 2011 to encourage program and maintain the nation’s students enrich the cultural and international students to study in the economic, scientific, and technological academic life of college and university United States. That initiative competitiveness. DHS is working to find campuses throughout the United States particularly focused on enhancing our new and innovative ways to encourage and make important contributions to the nation’s economic, scientific and international STEM students to choose U.S. economy and academic sector. The technological competitiveness by the United States as a destination for changes proposed in this rule will help finding new ways to encourage talented their studies. This proposal, in addition strengthen the overall F–1 program in international students to become to including a modified version of the the face of growing international involved in expanded post-graduate STEM OPT extension from the 2008 competition for the world’s most opportunities in the United States. The IFR, would increase the maximum promising international students. initiative has taken various steps to Additionally, safeguards such as enhance and improve the Nation’s training time period for STEM students, 43 require a formal mentoring and training employer attestations, requiring nonimmigrant student programs. The proposed rule would enhance the plan for each STEM OPT extension, and employers to enroll in E-Verify, ability of F–1 students to achieve the take steps to strengthen protections for providing for DHS site visits, and requiring that STEM training objectives of their courses of study while also benefiting the U.S. economy. 38 Citizenship and Immigration Canada, Quarterly opportunities provide commensurate Administrative Data Release, available at http:// terms and conditions to those provided More students will return home www.cic.gc.ca/english/resources/statistics/data- confident in their training, ready to release/2014-Q4/index.asp. 41 The HSAAC provides advice and begin a career in their field of study; 39 University World News Global Edition, Schools recommendations to the Secretary and senior others may take advantage of other are the New Battleground for Foreign Students, July leadership on matters related to homeland security provisions proposed herein to request to 15, 2015, Issue 376, available at http://www. and the academic community, including: student universityworldnews.com/article.php?story=20150 and recent graduate recruitment, international 7150915156. students, academic research and faculty exchanges, 42 During calendar year 2014, the number of 40 Pew Research Center, ‘‘Growth from Asia campus resilience, homeland security academic students participating in a STEM OPT extension Drives Surge in U.S. Foreign Students’’ (June 18, programs, and cybersecurity. See U.S. Department represented approximately 8.5 percent of all OPT 2015), available at http://www.pewresearch.org/ of Homeland Security, Homeland Security participation. fact-tank/2015/06/18/growth-from-asia-drives- Academic Advisory Council Charter, available at 43 See ‘‘Study in the States,’’ U.S. Department of surge-in-u-s-foreign-students/. http://www.dhs.gov/publication/hsaac-charter. Homeland Security, http://studyinthestates.dhs.gov.

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change status following a STEM OPT competitive in light of global efforts economy.48 Combined with the initial extension and help further drive offering international students longer 12-month OPT period, a maximum 24- economic growth and cultural exchange post-study training experience without month STEM OPT extension would in the United States. restrictions on the type of work that may provide students a sufficient be performed.45 opportunity to participate through the B. STEM Extension Period for OPT 49 DHS considered many factors in life of such a grant. Accordingly, and As noted above, in the 2008 IFR, DHS determining the proposed length for an following consultation with the implemented a 17-month STEM OPT improved STEM OPT extension period. Department of Education and the extension to provide STEM students National Science Foundation (NSF), An important consideration was the and employers with improved OPT DHS believes that an appropriate general duration of projects to be opportunities beyond the initial year of benchmark for the maximum duration pursued by students on STEM OPT practical training. The 17-month period of OPT for STEM students is the extensions. DHS believes that students was intended to allow STEM students to standard duration of an NSF grant— participating in practical training in receive additional practical experience approximately three years. STEM fields should be encouraged to aligned with their educational degree, DHS anticipates that the 24-month pursue meaningful projects that and it would generally terminate near extension would significantly enhance contribute to a deeper understanding of the beginning of the fiscal year. the academic benefit of a STEM their field of study and help develop the Following seven years of experience student’s OPT experience. As noted practical skills necessary to advance with the STEM OPT extension, DHS has above, many research projects take years their careers. This type of significant decided in this rule to re-evaluate its to complete, and under the new STEM project—often involving a grant or length. Consistent with the discussion OPT extension, a student would have fellowship application, management of above, DHS believes the STEM OPT increased opportunities to learn how to grant money, focused research, and extension should first and foremost be apply for a grant or fellowship, become publication of a report—typically targeted to complement the student’s a responsible steward of grant money, requires several years to complete. academic experience. The length of any initiate a study or project, see the study Stakeholders have indicated, moreover, extension should aim to produce an or project through to conclusion, write that this process often takes longer in optimal educational experience in the a report and obtain peer review, and the STEM community than in other relevant field of study, particularly have the report published. DHS requests academic or business areas. For given the complex nature of STEM public comment and the submission of example, the National Science projects and associated skill- empirical data in relation to this Foundation (NSF) typically funds development that require relatively proposition. In addition, DHS requests projects through grants that last for up lengthy time frames. The length should public comment regarding the length of to three years.46 And in many fields be conditioned on full compliance with research, development, testing and such as mathematics, computer science, the other requirements set forth in this other projects for which STEM and the social sciences, NSF is the preamble. graduates (regardless of nationality) major source of federal funding.47 DHS proposes in this rule to increase from U.S. universities are typically the STEM OPT extension period to 24 Fostering integration of research and assigned in the workplace. months for students meeting the education through the types of DHS also proposes to allow a student qualifying requirements. This 24-month programs, projects, and activities who has completed a STEM OPT extension, when combined with the 12 described above will help recruit, train, extension pursuant to previous study in months of initial post-completion OPT, and prepare a diverse STEM workforce the United States and who obtains would effectively allow STEM students to advance the frontiers of science and another qualifying degree at a higher degree level (or has a qualifying prior up to 36 months of practical training. participate in the U.S. technology-based degree, as discussed in more detail DHS would also provide, for students below), to qualify for eligibility for a who subsequently attain another STEM 45 See, e.g., Canadian Study permits and second 24-month STEM OPT extension degree at a higher educational level, the Australian Temporary Grad. visa, supra note 36. 46 upon the expiration of the general ability to participate in an additional 24- Id. at sec. II.c.2.a.(4)(b) (‘‘The proposed duration for which support is requested must be period of OPT based on that additional month extension of any post-completion consistent with the nature and complexity of the degree. OPT based upon that second STEM proposed activity. Grants are normally awarded for DHS requests public comment on the 44 up to three years but may be awarded for periods degree. The duration of an extension proposed 24-month STEM OPT would be set at 24 months, rather than of up to five years.’’). For instance, NSF funding rate data show that in fiscal years 2012–2014, grant extension and the ability for qualifying limited to a shorter period, due to the awards for biology were provided for an average students to receive an additional such complexity and typical durations of duration of 2.87, 2.88, and 2.81 years, respectively. STEM OPT extension based on a second 47 research, development, testing, and ‘‘About the National Science Foundation,’’ STEM degree. In particular, DHS other projects commonly undertaken in NSF, http://www.nsf.gov/about/. Such grants are commonly solicited by and awarded to requests comment from STEM students, STEM fields. Affording greater organizations similar to those in the STEM OPT educational institutions, and employers participation in STEM training through employer community, including universities, on the appropriate STEM OPT extension changes to the period of the STEM OPT colleges, and research laboratories having strong length to ensure that practical training extension would also help the nation capabilities in scientific or engineering research or education, and cooperative projects that involve and its academic institutions remain both universities and the private sector. See NSF, 48 Id., available at http://www.nsf.gov/pubs/ ‘‘Grant Proposal Guide’’ (December 2014), available policydocs/pappguide/nsf15001/gpg_2.jsp. 44 DHS notes that, under this proposal, a student at http://www.nsf.gov/pubs/policydocs/pappguide/ 49 Although DHS has considered tailoring the seeking to obtain a second STEM OPT extension nsf15001/gpg_1.jsp#categories (listing categories of length of the STEM OPT extension in this rule to during his or her lifetime will be unable to link this organizations that are eligible to submit grant individual student practical training proposals, extension with his or her first extension. The proposals). Based on SEVIS data, three of the top DHS’s initial assessment is that an across-the-board student would need to complete a new initial post- six employers offering STEM OPT opportunities maximum period for such extensions would be completion practical training period and request a and employing STEM OPT students that have significantly more straightforward to administer new STEM extension based on a different STEM begun over the past five years are either higher and would also be consistent with past degree. DHS welcomes comments on this aspect of education institutions or entities conducting administration of the general OPT program, as well the proposal. research affiliated with universities. as the existing STEM OPT extension.

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for STEM students is most meaningfully including comments on the harm that containing mathematics, natural educational and beneficial to them, and such a gap may cause. sciences (including physical sciences less disruptive for institutions and DHS welcomes comments regarding and biological/agricultural sciences), employers. DHS is particularly each of the proposed transition engineering/engineering technologies, interested in public input regarding procedures described above, including and computer/information sciences, and whether 24 months is the appropriate alternatives to the potential courses of related fields. DHS believes the NCES duration for STEM OPT extensions, or action identified here. definition provides a sound basis whether a shorter or longer duration C. STEM Definition and CIP Categories because it not only encompasses many (e.g., 17 months or 36 months) is for STEM OPT Extension of the fields already contained on the preferable, and why. current STEM Designated Degree As a transitional measure, DHS is also The 2008 IFR first introduced the Program list, but draws on the STEM Designated Degree Program list, proposing to allow a subset of students Department of Education’s expertise in which includes all Department of already on a 17-month extension to take the area of higher education and Education CIP codes that are eligible for advantage of the proposed 24-month academic studies generally. ICE often the current 17-month extension. The program, consistent with the defers to the Department of Education’s 2008 IFR noted that any future changes requirements set forth in this proposed definitions or processes in the area of to the list would be posted on SEVP’s rule. Qualifying students would be able Web site, but did not set forth a formal higher education. DHS therefore to request the balance of the modified definition for ‘‘STEM fields’’ or a public proposes that the definition of STEM extension up to 120 days before the end notice process regarding updates to the fields encompass mathematics, natural of the student’s 17-month period. Such list. Many commenters on the 2008 IFR sciences (including physical sciences requesting students would have to meet indicated that the STEM OPT extension and biological/agricultural sciences), all requirements of the new STEM OPT should be available to students in all engineering/engineering technologies, extension proposal, including fields of study, or that the list and computer/information sciences, as submission of the Mentoring and promulgated at that time be expanded to well as related fields.50 DHS believes Training Plan described below. include various other degree programs. that a clear definition of the types of With respect to applications for STEM DHS has taken these concerns into degree fields eligible under the OPT extension currently pending before consideration in crafting a proposed regulation would improve the process DHS or submitted prior to the effective approach for this rule that seeks to for altering categories contained within date of any final rule, DHS intends to strike a reasonable balance between the the STEM Designated Degree Program adjudicate the application consistent current understanding of STEM needs list. with the regulations that existed at the and potential future changes in these DHS believes that its definition of time the application was submitted (i.e., fields. The approach focuses on STEM fields should be tailored to such applications, if approved, would generally understood STEM degree capture those STEM fields of study for result in a 17-month extension). fields that are of particular academic which an extension of practical training Following the effective date of a final and practical demand for the U.S. and is most beneficial. DHS requests rule with a different STEM OPT international community, while also comment from the public on the extension duration, a student would ensuring flexibility for potential changes academic benefit of the STEM OPT then be able to request the balance of as fields of study in STEM sectors extension for STEM students generally the modified extension up to 120 days evolve with changes in technology, as as well as for specific STEM fields. DHS before the end of the student’s 17-month well as in academic programs, interests also requests comment on whether period, provided the student meets all and trends. changes to the current content or requirements of the new STEM OPT DHS proposes in this rulemaking a structure of the list may be helpful or extension proposal, including general definition of ‘‘STEM fields’’ and appropriate.51 Although DHS is not submission of the Mentoring and proposes a process for public currently considering expanding the Training Plan. In the alternative, a notification in the Federal Register STEM OPT extension to non-STEM student with a pending application for when DHS updates the Designated fields, commenters are encouraged to a 17-month extension may also choose Degree Program list on SEVP’s Web site. compare STEM and non-STEM fields of to withdraw that application and file a DHS would continue to produce a list study for purposes of commenting on new application for the proposed 24- identifying the groups within the this definition. As is the current month STEM OPT extension. Department of Education’s CIP process, DHS envisions that, upon DHS is making every effort to have a taxonomy that qualify as appropriate finalizing this proposed rule, the agency final rule take effect prior to February categories for the STEM OPT extension. would continue to accept, for DHS 13, 2016, when the stay on the vacatur DHS may from time to time revise the review, suggested additions to the of the 2008 IFR is currently set to Designated Degree Program list based STEM Designated Degree Program list at expire. In the event, however, that a upon the dynamic nature of STEM [email protected] final rule resulting from this rulemaking fields and potential changes to the CIP does not take effect before the vacatur of taxonomy. 50 U.S. Department of Education National Center the 2008 IFR, DHS will lack clear To provide a clear definition to guide for Education Statistics Institute of Education regulatory authority to grant pending changes to the STEM Designated Degree Sciences, ‘‘Stats in Brief’’ (July 2009), available at applications for STEM OPT extensions. Program list, DHS proposes to utilize http://nces.ed.gov/pubs2009/2009161.pdf. In that case, DHS will evaluate options the description referenced by the 51 The current list is available in the docket for this rulemaking. Future revisions may include to address pending applications, such as Department of Education’s National additional degrees, including degrees listed within returning such applications and Center for Education Statistics (NCES), the summary groups for Agriculture, Agriculture requiring re-filing upon completion of a Institute of Education Services, to define Operations, and Related Sciences; Computer and final rule. DHS seeks comments on ‘‘STEM fields.’’ DHS would define Information Sciences and Support Services; Engineering; Engineering Technologies and these and other options for addressing ‘‘STEM field’’ as a field included in the Engineering-Related Fields; Biological and pending applications if a final rule is Department of Education’s CIP Biomedical Sciences; Mathematics and Statistics; not in place prior to the court’s vacatur, taxonomy within the summary groups and Physical Sciences.

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D. Mentoring and Training Plan employer that intends to provide a stated that the E-Verify provision would Multiple commenters to the 2008 IFR STEM OPT opportunity to a student not ensure electronic verification of all highlighted the important academic would work with the student to design STEM OPT students, because the E- benefits associated with OPT a customized training plan to enhance Verify program only applies to new participation. Commenters emphasized the practical skills and methods the hires and therefore would not apply to that real-world experience is a vital part student studied while attaining his or students who are using the STEM OPT of the educational experience, and that her degree. Such training plans would extension to extend their employment the opportunity for OPT participation require specific training goals, as well as with the same employer. A number of draws high-quality students to the a description of how those goals will be commenters acknowledged, however, United States from around the world. achieved. that the program was improving and Other commenters noted that the 2008 DHS also proposes that the student that participation in the E-Verify IFR did not include an explicit provide his or her DSO with an program was rapidly growing. mechanism to inform employers of the evaluation of his or her STEM OPT DHS continues to believe that the E- purpose of or requirements associated every six months, as well as a final Verify program is an important measure with practical training. evaluation at the conclusion of the OPT to ensure the integrity of the STEM OPT The proposed rule seeks to ensure period. These evaluations would extension. The E-Verify program is an that the STEM OPT extension more document the student’s progress toward Internet-based service operated by effectively enables STEM OPT students the agreed-upon training goals and thus USCIS, in partnership with the Social to obtain valuable practical work better ensure that such goals are being Security Administration (SSA). E-Verify experience directly related to their met. The factors to be evaluated would is currently free to employers and is fields of study. To achieve this aim, the be included on the Mentoring and available in all 50 states, the District of proposed rule requires that employers Training Plan, which must be signed by Columbia, Puerto Rico, Guam, and the incorporate a formal mentoring and both the student and the immediate U.S. Virgin Islands. E-Verify training program for STEM OPT supervisor at the student’s workplace. electronically compares information students. Mentoring is a time-tested and The student’s school of most recent contained on the Employment Eligibility Verification Form I–9 (herein widely used strategic approach to enrollment would be responsible for ensuring ICE has access to records of Form I–9) with records contained in developing professional skills. The student evaluations for a period of three government databases to help employers mentor should be an experienced years following completion of the verify the identity and employment employee or group of employees who student’s STEM OPT training. eligibility of newly-hired employees. would teach and counsel the student. DHS plans to incorporate the This program currently is the best As part of this mentoring and training submission of the Mentoring and means available for employers to program, the employer would agree to Training Plan into SEVIS at a later date. determine employment eligibility of take responsibility for the student’s Until that time DHS may require the new hires and, in some cases, existing training and ensure that skill submission of the Plan to ICE or USCIS, employees. enhancement is the primary goal. The including to USCIS when the student Before an employer can participate in student would be required to prepare a seeks certain benefit requests from the E-Verify program, the employer formalized Mentoring and Training Plan USCIS, such as an application for must enter into a Memorandum of with the employer and to submit the employment authorization. Under 8 Understanding (MOU) with DHS and plan to the student’s DSO before the CFR 103.2(b)(8)(iii), USCIS may issue a SSA. This memorandum requires DSO could recommend a STEM OPT Request for Evidence or Notice of Intent employers to agree to abide by current extension in the student’s SEVIS record. to Deny if all required initial evidence legal hiring procedures and to follow This would generally provide review of has been submitted, but the evidence required procedures in the E-Verify the Mentoring and Training Plan by the submitted does not establish eligibility. process to ensure that E-Verify educational institution granting the Accordingly, USCIS may request a copy maximizes the reliability and ease of use degree related to the training. In cases of the Mentoring and Training Plan, in of the system, while preventing where the student intends to use the addition to other documentation, when unauthorized disclosure of personal newly proposed option of requesting an such documentation is necessary to information and unlawful extension based on a previously- determine an applicant’s eligibility for discriminatory practices based on obtained degree, the review would come the benefit, including instances when national origin or citizenship status. from the institution that provided the there is suspected fraud in the Violation of the terms of this agreement student’s most recent degree (i.e., the application. by the employer is grounds for institution whose official is certifying, immediate termination of its E. USCIS E-Verify Employment based on SEVIS or official transcripts, participation in the program.53 that a prior STEM degree enables the Verification Program Employers participating in E-Verify student to continue his or her eligibility The 2008 IFR provided that the STEM must still complete a Form I–9 for each for the practical training).52 OPT extension would only be available newly hired employee, as required To better ensure that the STEM OPT to those students seeking employment under current law. Following extension fulfills the specific practical or seeking to maintain employment with completion of the Form I–9, the training needs of STEM students, the employers that are enrolled and in good employer must enter the newly hired standing in USCIS’ E-Verify program. A worker’s information into the E-Verify 52 The proposed rule clarifies the student’s number of commenters to the 2008 IFR system, which would then check that responsibility to present his or her Mentoring and Training Plan to the DSO of the school of most addressed this provision. Some information against information recent enrollment, so that the DSO who has been commenters believed that this provision involved with the student most recently would be would unduly limit the opportunities 53 See U.S. Citizenship and Immigration Services, the DSO responsible regarding all ongoing OPT. available to STEM OPT students; others The E-Verify Memorandum of Understanding for This change is a necessary result of this rule also Employers, available at http://www.uscis.gov/sites/ proposing changes that could enable a student to expressed concern about reported default/files/USCIS/Verification/E-Verify/E-Verify_ engage in a STEM OPT opportunity related to a inaccuracies in E-Verify-related Native_Documents/MOU_for_E-Verify_ previously obtained degree. databases. Finally, some commenters Employer.pdf.

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contained in government databases. For extension are legally authorized to degree to obtain a STEM OPT extension example, E-Verify compares employee work. DHS requests comment on this immediately subsequent to another information against more than 425 proposal, including from students and STEM OPT extension. In other words, million records in the SSA database and employers that have had experience the proposed changes would not more than 60 million records stored in with this requirement under the 2008 provide students the ability to obtain the DHS database. At the start of 2015, IFR. two immediately consecutive STEM over 98 percent of all employer queries F. Previously Obtained STEM Degrees OPT extensions. Under the proposed were instantly verified as work rule, the second extension would be authorized. Between 2008 (the year the Commenters to the 2008 IFR inquired available to students only upon 2008 IFR included the original E-Verify about eligibility for a STEM OPT completion of a new initial post- requirement for STEM OPT employers) extension in instances where a student completion OPT period. and the beginning of 2015, E-Verify earns a bachelor’s degree in a STEM DHS proposes to permit DSOs at the participation by employers has field but a master’s degree in a non- student’s school of most recent increased by over 500 percent.54 E- STEM field, or two degrees at the same enrollment to certify prior STEM Verify is now a well-established and education level, one of which is in a degrees, so long as the STEM degree was important measure that would STEM field. Since the 2008 IFR, DHS earned at a school accredited by an complement other oversight elements in has found that some F–1 students accrediting agency recognized by the this proposed rule, and it is the most approved for OPT in STEM-related Department of Education.55 The degree efficient means available for employers fields remain unable to extend their would also need to be on the STEM to determine the employment eligibility OPT, even if they have a prior STEM Designated Degree Program list at the of new hires, including students who degree. This is because the regulations time of the student’s application. For a are participating in the STEM OPT have effectively required that the OPT student who is relying on a previously extension. be directly related to the student’s most obtained degree for the STEM OPT It is important to note that once an recent major area of study and that the extension, his or her most recent degree employer enrolls in E-Verify, that DSO certify that the student’s degree must also be from an accredited employer is responsible for verifying all that is the basis for his or her current institution and the student’s practical new hires, including newly hired period of OPT is a degree contained on training opportunity must be directly students with STEM OPT extensions, at the current STEM Designated Degree related to the previously obtained STEM Program list. See 8 CFR the hiring site(s) identified in the MOU degree. For a previously obtained degree 214.2(f)(10)(ii)(A) and (f)(11)(ii)(A). This executed between the employer and to qualify as the basis for a STEM OPT limitation decreases the number of F–1 DHS. The earliest an employer may use extension, the degree must have been students with STEM degrees and STEM- E-Verify with respect to an individual is conferred within the 10 years preceding related expertise available to participate after the individual accepts an offer of the student’s application date. This employment and the employee and in a STEM OPT extension. Stakeholders, including the academic requirement is intended to ensure the employer complete the Form I–9. The degree was conferred recently enough verification must be made no later than community and the HSAAC, have requested the elimination of this that it would be relevant to a present- the end of three business days after the day STEM OPT opportunity. new hire’s first day of employment. If, restriction, such that a STEM OPT extension would be available to a Finally, due to the difficulty in however, an employer enrolls in E- determining the equivalency of a degree Verify to retain a student already student with a prior qualifying STEM degree, even if the student’s most recent obtained at a foreign institution, and employed pursuant to an initial 12- because the purpose of OPT is to further month grant of OPT, the employer degree would not qualify. Stakeholders assert that such a modification would one’s course of study in the United would reverify the student’s STEM OPT States, STEM degrees from foreign extension on Form I–9 but may not broaden the educational and training benefits of the STEM OPT extension to schools will not be permitted to qualify verify the employment eligibility of the under the proposed program. employee in E-Verify, as the MOU additional students with STEM backgrounds and would further benefit DHS requests comment on all aspects generally prohibits the use of E-Verify of this proposal. with respect to existing employees. the U.S. economy by enhancing our Additional information on enrollment nation’s ability to compete and innovate G. Safeguarding U.S. Workers Through and responsibilities under E-Verify can in these fields. Measures Consistent With Labor Market be found at http://www.uscis.gov/E- DHS agrees and is accordingly Protections proposing to permit students to use a Verify. Employers can register for E- Many commenters to the 2008 IFR Verify on-line at http://www.uscis.gov/ previously obtained and directly related STEM degree from an accredited school agreed with the Department’s E-Verify. The site provides instructions assessment that the 17-month STEM for completing the MOU needed to as a basis to apply for a STEM OPT extension. This previously obtained OPT extension would benefit both officially register for the program. DHS students and the U.S. economy. believes that the E-Verify enrollment degree would make the STEM OPT extension available to students who Commenters noted that the STEM labor requirement would continue to provide shortage described in the 2008 IFR was an efficient and accurate manner of have a prior background in STEM but who are currently engaging in OPT that well documented and that the United better ensuring that students States faced stiff competition from other participating in the STEM OPT has been authorized based on their study towards a different degree. Such countries for high-skilled STEM an OPT extension, however, would be workers. One commenter stated that the 54 U.S. Citizenship and Immigration Services, E- IFR provided ‘‘small, but helpful steps’’ Verify Overview 8, available at http:// available only to such students who www.uscis.gov/sites/default/files/USCIS/ seek to develop and utilize STEM skills towards addressing a critical need for Verification/E-Verify/E-Verify_Native_Documents/ from their prior STEM degree during the e-verify-presentation.pdf (noting that 87,758 55 A qualifying, previously obtained degree would employers were enrolled as of fiscal year 2008 extended OPT period. provide eligibility for an extension so long as the compared to 568,759 employers as of fiscal year Under this proposal, students would educational institution that conferred the degree 2015). not be able to use a previously obtained was accredited at the time the degree was granted.

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qualified, highly-trained and well- experience resulting from the STEM terms and conditions of a STEM educated STEM workers. Another OPT extension is significant, and that practical training opportunity are commenter stated that the rule partially on the whole, positive indirect effects commensurate with those for similarly addressed the severe shortage of U.S. on educational institutions and situated U.S. workers in other workers in science, engineering, academic exchange support the employers of analogous size and mathematics and technology. availability of a STEM OPT extension at industry and in the same geographic Commenters highlighted the importance this time. Nevertheless, DHS recognizes area of employment. ‘‘Similarly situated of the STEM OPT extension not only for the concerns expressed above and U.S. workers’’ would include U.S. research universities that seek to attract proposes to modify the terms and workers performing similar duties and high-quality international students, but conditions for employer participation in with similar educational backgrounds, also for employers seeking to fill empty the STEM OPT extension in order to employment experience, levels of positions. Some commenters protect U.S. workers from possible responsibility, and skill sets as the characterized the availability of employer abuses of these programs. STEM OPT student. The student’s meaningful practical training as a For instance, any employer wishing to compensation would be reported on the critical aspect of the educational hire a student participating in the STEM Mentoring and Training Plan and the experience. As noted elsewhere in this OPT extension would, as part of a newly student would be responsible for preamble, many commenters also stated required Mentoring and Training Plan, reporting any adjustments. DHS that the impact of the rule was too be required to sign a sworn attestation requests public comment, especially limited, and requested that eligibility for affirming that, among other things: (1) from employers and labor organizations, the extension be expanded to students The employer has sufficient resources on all aspects of this provision, in additional degree programs, as well and personnel available and is prepared including the types of business factors as to students employed by employers to provide appropriate mentoring and employers would use to evaluate that do not use E-Verify. training in connection with the whether their workers are similarly A number of commenters, however, specified opportunity; (2) the employer situated. objected to the 17-month STEM OPT will not terminate, lay off, or furlough With regard to the requirement to extension on the basis of potential a U.S. worker as a result of providing provide commensurate compensation, negative impacts on U.S. workers in the STEM OPT to the student; and (3) DHS anticipates that employers would STEM fields. For instance, a commenter the student’s opportunity assists the be able to show compliance through a stated that demand for technical student in attaining his or her training variety of existing real-world practices. workers was very weak in engineering objectives. As with all affirmations So long as the attestation is made in occupations and growing modestly in contained in the Mentoring and good faith and to the best of the computing and mathematics Training Plan, the employer would employer’s knowledge, information and occupations. The same commenter attest that these commitments are true belief, employers would be able to stated that, especially when combined and correct to the best of the employer’s continue relying on many of the same with H–1B, L–1, and other skilled knowledge, information and belief. resources they already use, such as local workers, the number of students taking Additionally, the proposed rule associations or national or local wage advantage of the STEM OPT extension would require that the terms and surveys, to set compensation for their would distort the domestic labor conditions of an employer’s STEM U.S. workers. The rule would also market. Some commenters specifically practical training opportunity— permit employers to rely on other bases stated that employers would prefer to including duties, hours and for establishing compensation levels. hire F–1 students on STEM OPT compensation 56—be commensurate For example, employers hiring high- extensions because these students with those provided to the employer’s skilled STEM OPT students would be would work for lower wages. Some similarly situated U.S. workers. Work able to refer to prevailing wages commenters noted that some U.S. firms duties must be designed to assist the provided by the Department of Labor’s had previously advertised STEM student with continued learning and Office of Foreign Labor Certification for positions as being available only to OPT satisfy the existing ICE guidelines for employees in the same occupation in students. Commenters requested that work hours when participating in post- the same area of employment. DHS consider written reports, completion OPT, which are set at a To help gauge compliance, employers testimony, and other sources describing minimum of 20 hours per week, and would be required to provide DHS with the state of the U.S. STEM workforce. would be so defined under this student compensation information, Commenters also questioned the proposed rule.57 If the employer does which would better situate the agency to veracity of studies and reports cited in not employ and has not recently monitor whether STEM OPT students the preamble to the 2008 IFR, and some employed more than two similarly are being compensated fairly. This questioned whether DHS had situated U.S. workers, the employer would both protect such students and interpreted that information correctly in would be required to ensure that the ensure the practical training has no assessing the then-prevailing STEM appreciable adverse consequences on labor market. Some commenters stated 56 DHS interprets the proposed compensation the U.S. labor market. Additionally, the that the STEM OPT extension was element to encompass wages and any other non- proposed rule would authorize a employee-benefit remuneration, including housing contrary to the academic purpose of the allotments, stipends, or similar provisions that are recurrent evaluation process that would F–1 statute. In general, commenters who typically provided to employed students. allow ICE to monitor student progress made these and similar points requested 57 See U.S. Immigration and Customs during the OPT period. These that DHS eliminate the STEM OPT Enforcement, Policy Guidance 1004–03—Update to evaluations would ensure continuous Optional Practical Training: Policy Guidance For extension and the Cap Gap provision in SEVP and DSOs of SEVP-Certified Schools with F– focus on the student’s development their entirety. 1 Students Eligible for or Pursuing Post-Completion throughout the student’s training DHS’s initial assessment, consistent OPT, 17 (April 23, 2010), available at http:// period, consistent with the Mentoring with many of the public comments and www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_ and Training Plan. following consultation with the U.S. 042010.pdf (stating that a student, including those With the added assurances that a participating in the 17-month STEM OPT extension, Departments of Education and Labor, is must work at least 20 hours per week in a student will be enhancing his or her that the direct benefit to the academic qualifying position to be considered employed). course of study through training-based

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learning experiences and mentoring, DHS recognizes that many university procedures ‘‘in lieu of accreditation’’ to combined with the employer non- personnel submitted comments on the establish the validity and quality of displacement assurance, the 2008 IFR highlighting the significant schools in certain cases, accreditation is requirement that STEM OPT students administrative burdens faced by DSOs preferred and given significant weight receive terms and conditions of in helping to coordinate participation in in the overall certification assessment. employment (including compensation) the F–1 program, including OPT. DHS Increasingly, schools are choosing to commensurate with those of similarly acknowledges that the aforementioned obtain accreditation. In the past five situated U.S. workers, and other related proposals may impose additional years, less than one percent of students requirements, DHS is confident that resource burdens on DSOs, and may participating in a STEM OPT extension practical training during the STEM OPT require universities to invest further in had graduated from non-accredited extension will be carried out in a DSOs in order to take full advantage of schools.61 Thus, while accreditation manner that safeguards U.S. worker the F–1 program.58 DHS requests may impose certain burdens, DHS does interests. comment from universities, DSOs, and not expect the accreditation requirement Some commenters to the 2008 IFR other interested members of the public to have broad impact on STEM OPT also expressed concern that the STEM on how DHS can most effectively ensure students. OPT extension could be exploited by an appropriate level of participation in DHS also proposes to clarify that ICE, entities that hope to profit from the this program by educational at its discretion, may conduct ‘‘on-site program but that may not have an actual institutions. In light of the passage of reviews’’ to ensure that employers meet STEM opportunity available for a time since implementation of the 2008 program requirements, including that student at the time of the student’s IFR, DHS particularly welcomes the they are complying with assurances and application for the extension. To the submission of specific data related to that they possess the ability and extent that this comment refers to the cost of implementation for that resources to provide structured and temporary placement agencies, DHS rulemaking. guided work-based learning experiences does not envision that such ‘‘temp’’ H. Oversight Through School according to the individualized agencies will generally be able to Accreditation Requirements and Mentoring and Training Plans. The provide eligible opportunities under the Employer Site Visits combination of requiring school proposed STEM OPT extension, accreditation and conducting With this rule, DHS proposes that in including by complying with the discretionary ICE inspections of order for a student to be eligible for a employers will reduce the potential for Mentoring and Training Plan process STEM OPT extension, the student’s and requirements. any fraudulent use of F–1 nonimmigrant STEM degree must be received from an status during the period of STEM OPT Moreover, under this rule, DSOs educational institution accredited by an would be prohibited from training. accrediting agency recognized by the DHS requests comment from the recommending a student for a STEM 59 Department of Education. The goal of public on all aspects of this proposal, OPT extension if the employer has not accreditation is to ensure the quality of provided the assurances required by this including the feasibility and educational institutions and programs. effectiveness of imposing a firm rule or is otherwise not in compliance Specifically, the accreditation process with the relevant reporting, evaluation accreditation requirement as a involves the periodic review of condition of participation in the STEM and other requirements described in this institutions and programs to determine rule. Additionally, DHS has the ability OPT extension. DHS requests input whether they meet established specifically from non-accredited to deny STEM OPT extensions with standards in the profession and are employers that the agency determines institutions that currently have or achieving their stated educational previously had F–1 students have failed to comply with the objectives.60 Given these safeguards, regulatory requirements, including the participating in a STEM OPT extension. DHS believes that requiring qualified DHS requests comment from such requirement to formerly execute the degrees to be from accredited student’s Mentoring and Training Plan institutions and other members of the institutions would strengthen and better public on the availability and cost of and the requirement to comply with the ensure the proper use of STEM OPT assurances contained therein. ICE may accreditation, the practical significance extensions. of accreditation, and the potential that investigate an employer’s compliance ICE’s SEVP currently performs an with these assurances, based on a some student populations may lose examination and assessment of all eligibility for the STEM OPT extension. complaint or otherwise, consistent with schools applying for certification and re- the proposed employer site visit certification to accept F–1 students. 8 I. Additional Compliance Requirements provision discussed in the following CFR 214.3(b). Although SEVP has This proposed rule includes section. These safeguards will more additional requirements to track STEM effectively ensure that STEM OPT 58 DHS notes, however, that it has implemented OPT students, mitigate the potential for students achieve the objectives of their the Mentoring and Training Plan requirement in fraud, and ensure that students are truly courses of study, while benefiting U.S. part to ensure that students and employers are fully furthering their course of study. As academic institutions and protecting aware of the requirements associated with this program. discussed in the 2008 IFR, DHS’ ability U.S. workers. DHS requests comment on 59 An accrediting agency is a private educational to track nonimmigrant students in the the feasibility and effectiveness of each association of regional or national scope that United States relies on reporting by the of these provisions, including the develops evaluation criteria and conducts peer students’ DSOs, who obtain required obligations to confirm (1) that the terms evaluations of educational institutions and academic programs. U.S. Department of Education information from the school’s and conditions of a STEM OPT Office of Postsecondary Education, ‘‘The Database recordkeeping systems and through student’s employment are of Accredited Postsecondary Schools and contact with the students. Students on commensurate with those for similarly Programs,’’ available at http://ope.ed.gov/ OPT, however, are often away from the situated U.S. workers, and (2) that no accreditation. 60 U.S. Department of Education Office of U.S. worker will be terminated, laid off, Postsecondary Accreditation, ‘‘FAQs about 61 Based on data from 2010 to 2014, 0.56 percent or furloughed as a result of a STEM OPT Accreditation’’, available at http://ope.ed.gov/ of STEM OPT extensions were granted to students opportunity. accreditation/FAQAccr.aspx. who graduated from non-accredited schools.

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academic environment, making it provide, at six-month intervals, an Authorization with USCIS within 30 difficult for DSOs to ensure proper and evaluation on their training progress days of the DSO recommendation. By prompt reporting on student status to and an update on the extent that their expanding the application filing period, ICE. While DHS regulations currently training goals are being met. applicants would be afforded additional require DSOs to update SEVIS, the The proposed rule would also limit flexibility. Among other things, a longer current reporting requirements depend the maximum period in which a student application filing window would entirely on the student’s timely may be unemployed to 90 days during reduce: (1) The number of USCIS compliance. And DSOs are not currently his or her initial period of post- denials on Forms I–765 that result from required to review and verify completion OPT, and permit an expired Forms I–20, (2) the number of information reported by students on a additional 60 days, for an aggregate of associated data corrections needed in recurring basis. This combination of 150 days, for students whose OPT SEVIS, and (3) the number of students factors hinders systematic reporting and includes a 24-month STEM OPT who would otherwise need to ask DSOs ICE’s ability to track F–1 students extension. The 90-day aggregate period for updated Forms I–20 to replace those during OPT. during initial post-completion OPT that have expired. Accordingly, this proposed rule would remain at the level proposed in Additionally, ICE is working toward includes a number of compliance the 2008 IFR. Such a safeguard prevents technology that would allow students to requirements established in the 2008 OPT students from taking improper update their basic information in SEVIS IFR for the current 17-month STEM OPT advantage of the program by, for without gaining access to restricted extension and adds additional measures instance, remaining in the United States areas of the system where student access that would supplement the goal of without attempting to complement their would be inappropriate. Once this ensuring that the STEM OPT extension learning through training. DHS proposes technology is implemented, students is directly related to a student’s field of to revise the aggregate maximum would have increased ability to study. Requirements from the 2008 IFR allowed period of unemployment to 150 maintain their own records. This would that are proposed to be included in the days for an F–1 student having an also decrease the workload on DSOs, STEM OPT extension under this rule approved STEM OPT extension who would no longer be required to include the following: consistent with the lengthened 24- update student information while • The employer must report to the month period for such an extension. students are participating in practical relevant DSO when an F–1 student on In comments received on the 2008 training. a STEM OPT extension terminates or IFR, many commenters opposed, or otherwise leaves his or her employment requested revising, the limits on J. Cap-Gap Extension for F–1 Students prior to the end of the authorized period unemployment during OPT. Some With Timely Filed H–1B Petitions and of OPT and must do so no later than 48 commenters suggested that Change of Status Requests hours after the student leaves unemployment limits pose significant As noted elsewhere in this preamble, employment. Employers must report burdens and that students should be the 2008 IFR included provisions, such this information to the DSO unless DHS able to maintain their status by simply as 8 CFR 214.2(f)(5)(vi) and 8 CFR announces, through a Federal Register seeking employment. Other commenters 274a.12(b)(6)(v), that allowed for notice, another means to report such offered suggestions for revising the automatic extension of status and information. The contact information for unemployment limits by allowing 120, employment authorization for any F–1 the DSO is on the student’s Form I–20. 150, or 180 days of unemployment student with a timely filed H–1B DHS will only extend OPT for STEM during initial post-completion OPT and petition and request for change of status, students employed by employers that a longer period during any STEM OPT if the student’s petition has an agree in the Mentoring and Training extension. DHS believes that removing employment start date of October 1 of Plan to report this information. unemployment limits would be the following fiscal year. The 2008 IFR • Students who are granted the STEM inconsistent with the agency’s role of made these extensions available only OPT extension are required to report to overseeing and ensuring OPT program until the beginning of the succeeding their DSO every six months, confirming integrity. DHS also believes that the fiscal year. The extensions were the validity of their SEVIS information, proposed 150 days for students granted intended to avoid situations where F–1 including legal name, residential or a STEM OPT extension would provide students who are affected by the H–1B mailing address, employer name and additional flexibility when compared to cap are required to leave the country or address, and/or loss of employment. the 120 days permitted under the terminate employment at the end of These six-month requirements ensure current program’s 17-month extension. their authorized period of stay, even adequate DHS oversight of the STEM With this change, DHS acknowledges though they have an approved H–1B OPT program by enhancing DHS’s the concerns of commenters who petition that would again provide status knowledge of the student’s activities described the challenges that to the student in a few months’ time. and whereabouts. international students face in locating Many comments on the 2008 IFR were The proposed rule also includes and obtaining training experiences in supportive of the ‘‘Cap-Gap’’ extension several other requirements to provide the United States. DHS welcomes provided in that rule. Some additional oversight over the STEM OPT comments on this issue. commenters, however, objected to the extension, consistent with the proposed An additional newly proposed aspect Cap-Gap provision for reasons related to change to the duration of the extension. of the STEM OPT extension is that a its potential impact on U.S. workers. The proposed rule would require any student seeking an extension would be The ‘‘Cap-Gap’’ provision is intended employer providing a STEM practical required to properly file his or her to avoid the inconvenience of temporary training opportunity to have an Application for Employment gaps in status, which would normally employer identification number (EIN) Authorization with USCIS within 60 require individuals to leave the country used for tax purposes. Access to this days of the date the DSO enters the and thereby suffer significant disruption EIN will help DHS better ensure recommendation for the STEM OPT to their careers and family. With respect program compliance. The proposed rule extension into the SEVIS record. Under to comments requesting elimination of would also require students who are the 2008 IFR, students were required to the provision, DHS continues to believe granted the STEM OPT extension to file their Application for Employment that the Cap-Gap provision is a

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commonsense administrative measure 1. Summary of Proposed Rule costs for the proposed rule include fully consistent with the underlying This proposed rule, if made final, reduced opportunities for students due purpose of the practical training would permit eligible STEM graduates to proposed restrictions on unaccredited program. The so-called ‘‘Cap-Gap’’ is a to receive a maximum STEM OPT school programs and not allowing result of the misalignment of the extension of 24 months; permit eligible volunteer work to be eligible for the academic year with the start of the fiscal STEM graduates who have obtained a extension. Additionally, compared to year. The Cap-Gap relief measure avoids second qualifying STEM degree to the 2008 IFR requirements for inconvenience to some F–1 students obtain a second STEM OPT extension of employers, there would be employer and U.S. employers through a 24 months; permit eligibility for the costs for paying STEM OPT students straightforward administrative extension based on a STEM degree that commensurate compensation, if the mechanism to bridge two periods of is not the student’s most recently employer previously did not pay such authorized legal status. DHS therefore obtained degree; limit eligibility for compensation. DHS does not have data proposes to include the 2008 IFR’s Cap- STEM OPT extensions to students that to support a cost estimate for this Gap relief measure in this rule. graduate from accredited institutions; proposed requirement. require that students on STEM OPT VI. Statutory and Regulatory extensions receive conditions of 2. Summary of Affected Population Requirements employment, including compensation, The proposed rule would affect four DHS developed this proposed rule commensurate with similarly situated categories of STEM OPT students: (1) after considering numerous statutes and U.S. workers; require the disclosure of Students who would have previously executive orders related to rulemaking. additional information, such as the been eligible for participation in the 17- The below sections summarize our student’s compensation, to ICE; month STEM OPT extension under the implement a formal process to update analyses based on a number of these 2008 IFR and would be, based on this the STEM Designated Degree Program statutes or executive orders. NPRM, eligible for a 24-month list; implement a formal mentoring extension; (2) students who would be A. Executive Orders 12866 and 13563: requirement for students on STEM OPT eligible based upon a STEM degree Regulatory Planning and Review extensions; and require employers of earned prior to their most recent degree; students applying for STEM OPT Executive Orders 12866 and 13563 extensions to enroll in and use E-Verify (3) students who would be eligible direct agencies to assess the costs and on all new hires. based upon a second, and more benefits of available regulatory The cost estimates set forth in this advanced, qualifying STEM degree; and alternatives and, if regulation is analysis represent the costs of (4) students who would be eligible with necessary, to select regulatory compliance with, and implementation a potential change to the current STEM- approaches that maximize net benefits of, the proposed standards within the Designated Degree Program List. (including potential economic, scope of the proposed rulemaking. The Additionally, students currently on 17- environmental, public health, and safety following quantified costs include time month extensions would be able to effects, as well as distributive impacts burdens for initial implementation of apply for the balance of the 24-month and equity). Executive Order 13563 the student training and mentoring plan, extension, depending on how much emphasizes the importance of six-month evaluations, reporting time remained in their current 17-month quantifying both costs and benefits, of student information updates in SEVIS, extension and the effective date of a reducing costs, of harmonizing rules, eligibility verifications for new hires for final regulation. DHS estimates that the and of promoting flexibility. This rule is employers of STEM OPT students using population of current 17-month STEM a ‘‘significant regulatory action,’’ and the E-Verify program, and filing Form I– OPT students who could apply for the has been determined to be an 675 applications. Additional quantified expanded extension is 18,210. DHS economically significant regulatory costs for students include fees for filing provided an explanation on the action, under section 3(f) of Executive Form I–765, and some employers may methodology and data for the Order 12866. Accordingly, the Office of incur implementation costs for the E- population estimates in the Management and Budget has reviewed Verify program. Compared to the 2008 accompanying RIA published on the this regulation. IFR criteria for STEM OPT, qualitative NPRM docket folder.

TABLE 1—SUMMARY OF NEW STEM OPT STUDENT EXTENSION REQUEST

Transitional population New STEM OPT from 17 extension Increased Prior Second Total STEM OPT Year month to students from CIP list STEM STEM population 24 month accredited eligibility degrees degree impacted extension schools

1 ...... 18,210 29,100 2,910 459 285 50,964 2 ...... 33,465 3,347 528 316 37,656 3 ...... 38,485 3,848 607 351 43,291 4 ...... 44,257 4,426 698 390 49,771 5 ...... 50,896 5,090 803 433 57,221 6 ...... 56,495 5,649 891 480 63,515 7 ...... 62,709 6,271 989 533 70,502 8 ...... 69,607 6,961 1,098 592 78,257 9 ...... 77,264 7,726 1,219 657 86,866 10 ...... 85,763 8,576 1,353 729 96,421 Estimates may not total due to rounding.

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The proposed rule would also affect of the proposed rule. The Regulatory Table 2 displays the estimated schools and employers of the students Flexibility Analysis also provides a number of affected employers that could seeking STEM OPT extensions. A detailed description of the estimated be impacted by the proposed E-verify description of the impacts to schools number of schools and employers enrollment and ongoing implementation and employers is included in the affected by the proposed rule. requirements. following section on the estimated costs

TABLE 2—SUMMARY OF STEM OPT NPRM EMPLOYERS E-VERIFY POPULATION

Previously enrolled Total STEM STEM OPT OPT employers New STEM OPT employers employers with burden impacted by resulting from proposed rule proposed rule

2,244 ...... 2,834 5,078 2,670 ...... 3,513 6,183 3,177 ...... 4,181 7,358 3,781 ...... 4,975 8,756 4,499 ...... 5,920 10,419 5,354 ...... 7,045 12,399 6,371 ...... 8,383 14,754 7,582 ...... 9,976 17,558 9,022 ...... 11,872 20,894 10,737 ...... 14,127 24,864

3. Estimated Costs of Proposed Rule be approximately $503.3 million, compliance with the STEM OPT The cost estimates set forth in this discounted at 7 percent, over the period program, and $47.6 million for analysis represent the costs of 2016–2025, or $71.7 million per year compliance with E-Verify requirements. compliance with the proposed rule. when annualized at a 7 percent discount Table 3 below presents a 10-year This analysis concludes that compliance rate. The total cost, discounted at 7 summary of the estimated benefits and with the proposed requirements would percent, consists of $455.7 million for costs of the NPRM.

TABLE 3—TOTAL COST OF NPRM [$millions]

E-Verify STEM OPT requirement Year extensions for STEM OPT Total employer

1 ...... $53.3 $3.0 $56.3 2 ...... 40.7 3.6 44.3 3 ...... 46.8 4.3 51.1 4 ...... 53.9 5.1 58.9 5 ...... 61.9 6.0 68.0 6 ...... 68.7 7.2 75.9 7 ...... 76.3 8.6 84.9 8 ...... 84.7 10.2 94.9 9 ...... 94.0 12.1 106.1 10 ...... 104.3 14.4 118.8

Total ...... 684.8 74.5 759.3 Total (7%) ...... 455.7 47.6 503.3 Total (3%) ...... 570.4 61.0 631.5 Annual (7%) ...... 64.9 6.8 71.7 Annual (3%) ...... 66.9 7.2 74.0

4. Estimated Benefits of the Rule the U.S. educational system, U.S. States, as well as their knowledge of Continuing the STEM OPT extension, employers, and the United States. The markets in their home countries. making it available to additional rule will benefit the U.S. educational Moreover, the nation will benefit from students, and lengthening the current system by helping ensure that the the increased retention of such students 17-month extension will enhance nation’s colleges and universities in the United States, including through students’ ability to achieve the remain globally competitive in increased research, innovation, and objectives of their courses of study by attracting international students in other forms of productivity that enhance gaining valuable knowledge and skills STEM fields. U.S. employers will the nation’s economic, scientific, and through on-the-job training that is often benefit from the increased ability to rely technological competitiveness. unavailable in their home countries. on the skills acquired by STEM OPT New safeguards for the STEM OPT The proposed changes will also benefit students while studying in the United program, including accreditation,

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reporting, and tracking requirements, the proposed practical training be duration of the STEM OPT extension, would decrease the opportunity for directly related to the student’s course which would be limited to a one-time abuse and reduce any potential negative of study. Employers would be required extension of 17 months, as in the 2008 impact on U.S. workers. These to provide certain information, IFR. improvements will increase program including: Learning objectives for the DHS provides an analysis of these oversight and strengthen the employment, how those objectives will alternatives in the accompanying RIA requirements for program participation. be achieved and measured, and place of provided in the NPRM docket folder. 5. Alternatives employment. DSOs would be required to review submissions for the STEM The following table summarizes the In preparing the preferred regulatory OPT extension in SEVIS. DHS may total monetized costs of each alternative approach proposed in the NPRM, DHS require the submission of the Mentoring regulatory option. Although the examined three options: and Training Plan to ICE and/or USCIS. proposed rule option does have higher 1. Under the first option, DHS would As noted elsewhere in this preamble, a monetized costs than the third option, take no regulatory action. The STEM STEM OPT extension would be DHS has not quantified the benefits of OPT extension would no longer be available to a student with a prior the increased extension period under available to F–1 STEM students after qualifying STEM degree, even if the the proposed option because DHS does February 2016. student’s most recent degree would not not have specific data to quantify the 2. The second, and proposed, option qualify. And a second STEM OPT would strengthen the 2008 IFR by month-to-month economic benefits of extension would be available to establishing a program requiring the STEM OPT extension. DHS believes employers and students to prepare students who earn an additional that the proposed option would have Mentoring and Training Plans and to advanced STEM degree. higher benefits to students and present those plans to the relevant 3. The third option is similar to employers and increase attractiveness DSOs. The program would require that option two in all respects except for the for U.S. academic programs.

TABLE 4—REGULATORY ALTERNATIVE COSTS COMPARISON

Regulatory alternatives Year 1 2 3

No action Proposed rule Maintain 17 Ext. alternative STEM OPT length & 12 Ext. for second degree

1 ...... $0.0 $56.3 $35.7 2 ...... 0.0 44.3 41.1 3 ...... 0.0 51.1 47.5 4 ...... 0.0 58.9 54.4 5 ...... 0.0 68.0 62.9 6 ...... 0.0 75.9 69.9 7 ...... 0.0 84.9 78.2 8 ...... 0.0 94.9 87 9 ...... 0.0 106.1 97.9 10 ...... 0.0 118.8 109.7

Total ...... 0.0 759.3 684.8 Total (7%) ...... 0.0 503.3 449.6 Total (3%) ...... 0.0 631.5 567.3

B. Regulatory Flexibility Act of the proposed requirements. The students for STEM OPT extensions.63 Of following discussion is a summary of this population, DHS sampled 293 The Regulatory Flexibility Act of 1980 the IRFA and a more detailed schools, to estimate the proportion of (RFA), 5 U.S.C. 601–612, as amended by description of these findings is available governmental jurisdictions, not-for- the Small Business Regulatory in the RIA. DHS presents the number of profit organizations, and for-profit firms Enforcement Fairness Act of 1996, estimated entities which would be for the total population. DHS then Public Law 104–121 (March 29, 1996), impacted by the proposed rule, the requires Federal agencies to consider determined whether the sampled number of small entities from a sample entities were small entities based on the potential impact of regulations on of the estimated impacted population, small entities during rulemaking. The size standards set by the Small Business the estimated annual average cost Administration. DHS assumed not-for- term ‘‘small entities’’ comprises small impact per entity, and the estimated business, not-for-profit organizations profit organizations and entities with ratio of annual costs to revenue for insufficient data were small entities in that are independently owned and sampled small entities. the IRFA. Table 5 below summarizes the operated and are not dominant in their During the period from 2010 through number of schools by category. fields, and governmental jurisdictions 2014, a total of 1,109 approved and with populations of less than 50,000. accredited 62 schools recommended DHS has published an IRFA, in the accompanying RIA, to aid the public in 62 Accredited by a Department of Education- commenting on the small entity impact approved accrediting agency. 63 ICE SEVIS data.

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TABLE 5—ESTIMATED NUMBER OF SCHOOLS BY CATEGORY

Small entities Parameter Quantity (sample Comments segment)

Population—Schools ...... 1,109 N/A ...... Total number of accredited schools endorsing STEM–OPT Students between 2010–2014. Sample: ...... 293 N/A. Non-matched Sample Segment ...... 2 Yes ...... Entities not found in online databases, assumed to be small entities. Matched Sample Segment Non-Profit Schools ...... 138 Yes ...... Entities determined to be private not-for-profit, as- sumed to be small entities. Matched Sample Segment For-Profit Schools ...... 1 Yes ...... Private for-profit, matched in online database with revenue lower than SBA size standard, assumed to be small entity. Matched Sample Segment For-Profit Schools ...... 3 No ...... Entities determined to be private for-profit, matched in online databases with revenue exceeding SBA size standard, assumed not small entities. Matched Sample Segment Government Jurisdictions .. 149 No ...... Entities among the 293 sampled confirmed as large governmental jurisdictions.

During the period from 2010 through determined whether the sampled most temporary agencies would not be 2014, a total of 26,260 employers entities were small entities based on able to comply with the requirements of employed STEM OPT students.64 Of this size standards set by the Small Business the Mentoring and Training Plan. DHS population, DHS sampled 659 Administration. DHS also found that again assumed not-for-profit employers, to estimate the proportion of three of the sampled entities were organizations and entities with governmental jurisdictions, not-for- temporary placement agencies insufficient data were small entities in profit organizations, and for-profit firms (temporary agencies) and removed these the IRFA. Table 6 below summarizes the for the total population. DHS then three from the analysis, as DHS assumed number of employers by category.

TABLE 6—ESTIMATED NUMBER OF EMPLOYERS BY CATEGORY

Small entities Parameter Quantity (sample Comments segment)

Population—Employers ...... 26,260 N/A ...... Total number of STEM–OPT employers between 2010–2014. Sample: ...... 659 N/A ...... Estimated sample needed to match 379 entities. Non-matched Sample Segment ...... 279 Yes ...... Entities not found in online databases, assumed to be small entities. Matched Sample Segment For-Profit ...... 214 Yes ...... For-profit entities matched in online databases that did not exceed SBA size standard. Matched Sample Segment Not-For-Profit ...... 7 Yes ...... Entities confirmed as private not-for-profit. Matched Sample Segment For-Profit ...... 140 No ...... For-profit entities matched in online databases that did exceed SBA size standard. Temporary Agencies ...... 3 No ...... Quantitative impact not analyzed. Matched Sample Segment Government Jurisdictions .. 16 No ...... Entities that are large governmental jurisdictions.

Schools Costs validation requirement. While the DSO unquantified costs from the proposed would be in communication with the prohibition on participation in STEM Schools would incur costs for student during a six-month validation OPT extensions by students attending providing oversight and reporting STEM check-in, DHS proposes to add an unaccredited schools. A few schools OPT students’ information as well as additional requirement that DSOs may choose to seek accreditation, or reviewing required documentation. would also check to ensure the six- may potentially lose future foreign DSOs would be required to ensure the month evaluation has been properly students and associated revenue. DHS form has been completed and signed completed and retain a copy. The NPRM requests comment from unaccredited prior to making a recommendation in proposes to maintain the 2008 IFR institutions on this provision, including SEVIS. Schools would be required to requirements for periodic information the potential effect of the requirement ensure that SEVP has access to student reporting requirements on students, on your school and any data associated evaluations (electronic or hard copy) for which would result in a burden for with the impact, such as the cost of a period of at least three years following DSOs. accreditation or potential revenue loss. the completion of each STEM practical DHS summarizes the estimated training opportunity. The 2008 IFR Unaccredited Schools annual first and second year costs for previously required six-month student Schools not accredited by a schools in the following table. DHS validation check-ins with DSOs, and Department of Education-recognized requests comments on burdens this proposed rule would maintain the accrediting agency may incur described below if additional data or

64 ICE SEVIS data.

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information is available. DHS quantified costs, and requests comments costs for entities of all sizes, including acknowledges there may be additional specifically addressing concerns on small entities. regulatory costs 65 to the following

TABLE 7—SCHOOLS—COST OF COMPLIANCE PER STEM OPT OPPORTUNITY

Cost in Cost in Proposed provision Calculation of school cost per student year 1 year 2 per student per student

Initial Completion of Mentor & Train Plan ...... ((0.25 hrs + 0.083 hrs) × $39.33) ...... $13.09 $0.00 6 Month Evaluations & Validation Check-Ins 1 ...... (0.333 hrs × 2 Evals × $39.33) ...... 26.20 26.20 Additional Implementation Cost 2 ...... 0.1 × Mentor & Train Plan Initial + Evals & Check-Ins 3.93 2.62 Costs. Student Info. Reporting Requirements ...... 0.167 hrs × 2 rpts × $39.33 ...... 13.14 13.14

Total ...... Total ...... 56.35 41.95 1 Estimated based on 12 month period costs per extension, for students on a 12-month second extension such as those with prior degrees and second degrees, only Year 1 costs were applied. 2 Mentoring and Training Plan initial costs are only in Year 1 per STEM OPT.

DHS estimates the annual impact to While tuition revenue may schools with sufficient data, all had first the schools based on the school cost of underestimate the actual school year annual impacts less than 1 percent, compliance as a percentage of annual revenue, this is the best information with the average annual impact being revenue. Second year costs account for available to DHS. It is the most 0.006 percent. All sampled small-entity new additional STEM OPT extension significant source of income for most schools with sufficient data had second students. For not-for-profit schools, DHS schools, and DHS believes it is a year annual impacts of less than 1 multiplied the tuition per full-time first- reasonable approach to measuring the percent, with the average annual impact year student with total enrollment impact of this proposed rule. Based on being 0.005 percent. numbers to estimate their revenue.66 the results of the sampled small-entity

TABLE 8—SCHOOLS—ANNUAL IMPACT IN YEAR 1

Number of small entities Number of Percent of small Revenue impact range for-profit non-profit entity schools with data entities with data

0% < Impact ≤ 1% ...... 4 137 100 1 < Impact ≤ 3 ...... 0 0 0 3 < Impact ≤ 5 ...... 0 0 0 5 < Impact ≤ 10 ...... 0 0 0 Above 10 ...... 0 0 0

Total ...... 141 100

TABLE 9—SCHOOLS—ANNUAL IMPACT IN YEAR 2

Number of small entities Number of Percent of small Revenue impact range for-profit non-profit entity schools with data entities with data

0% < Impact ≤ 1% ...... 4 137 100 1 < Impact ≤ 3 ...... 0 0 0 3 < Impact ≤ 5 ...... 0 0 0 5 < Impact ≤ 10 ...... 0 0 0 Above 10 ...... 0 0 0

Total ...... 141 100

Employer Costs the certifications on the form. The requiring commensurate compensation, proposed rule also ensures that students and additionally requires that students Employers would be required to would be unable to complete their work at least 20 hours per week while provide information for certain fields, STEM OPT extensions as volunteers by on their STEM OPT extension. DHS review the completed form, and attest to

65 Such costs could be related to train DSOs on implement the requirements with the least negative Statistics, ‘‘Academic year prices for full-time, first- how to comply with the requirements, program impact to their ongoing operations. time undergraduate students’’, (Total enrollment, changes within the school, and time to generally 66 U.S. Department of Education, Institute of including Undergraduate and Graduate) 2014–2015, review and comprehend the requirements of the Education Sciences, National Center for Education available at http://nces.ed.gov/globallocator/. regulation and make determinations on how to best

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does not have data on the number of employment terms of similarly situated estimate of the number of site visits that STEM OPT students who may not U.S. workers in order to compare the may be conducted, and thus is unable currently receive compensation. In terms and conditions of their to provide a total annual estimated cost addition, DHS does not have data on the employment to those of the STEM OPT for such potential occurrences. number of STEM OPT students who do student’s practical training opportunity. However, based on on-site-reviews of not currently receive wages or other The proposed rule indicates that ICE, schools, DHS estimates that an qualifying compensation that would be at its discretion, may conduct a site visit employer site visit may include review considered commensurate under the of an employer. The employer on-site of records and questions for the proposed rule. To the extent that review is intended to ensure that each supervisor, and would take two hours employers are not currently employer meets program requirements, per employer. Therefore, DHS estimates compensating STEM OPT participants including that they are complying with that if an employer were to receive such in accordance with the proposed rule, assurances and that they possess the an on-site review, it may cost the this proposal would create additional ability and resources to provide employer approximately $394.80 (5 costs to these employers. However, DHS structured and guided work-based hours × $78.96). notes that employer participation in the learning experiences outlined in DHS summarizes the estimated STEM OPT program is entirely students’ Mentoring and Training Plans. annual first and second year costs for voluntary, and each employer would Site visits would not be a requirement potential employers of STEM OPT determine if the benefits of hiring the for each STEM OPT student employer or students in the following table. DHS STEM OPT student exceed the costs of a regularly scheduled occurrence, but requests comments on burdens doing so when considering all of the would rather be performed at the described below if additional data or costs and burdens of the proposed rule, discretion of DHS either randomly or information is available. DHS including the requirement to pay when DHS determines that such an acknowledges there may be additional commensurate compensation. DHS action is needed. The length and depth regulatory compliance implementation requests comments from employers on of such a visit would be determined on costs 67 to the following quantified costs, the effect of these proposed a case-by-case basis. For law and requests comments specifically requirements. In the quantified costs, enforcement reasons, DHS does not addressing concerns on implementation DHS does account for the possible include an estimate of the basis for costs for entities of all sizes, including additional burden of reviewing the initiating a site visit and is unable to small entities.

TABLE 10—INDIVIDUAL EMPLOYER—COST OF COMPLIANCE

Cost in Cost in Proposed provision Calculation of costs Year 1 Year 2

Initial Completion of Mentor & Train Plan ...... (0.5 hrs × $80.12) + (0.5 hrs × $78.96)+ (1 hrs × $123.47 $0.00 $43.93). 6 Month Evaluations & Validation Check-Ins 1 ...... (0.25 hrs × 2 Evals × 78.96) ...... 39.48 39.48 Additional Implementation Cost 2 ...... 0.1 × Mentor & Train Plan Initial + Evals & Check-Ins 11.90 3.95 Costs.

Employer STEM OPT Costs per Student = ...... Total ...... 179.25 43.43

Cost per E-Verify per New Hire Case = ...... (0.16 hrs × 43.93) ...... 7.03 7.03 E-Verify Enrollment ...... (80.12 × 2.26) + 100 ...... 281.07 0.00 E-Verify Annual Training & Maintenance Costs ...... (1 hrs × 43.93) + 398) ...... 441.93 441.93 Compliance Site Visits ...... (5 hrs × 78.96) ...... 0.00 394.80

E-Verify and Site Visit Employer Costs = ...... Total ...... 723.00 836.73

DHS estimates the annual impact to with total enrollment numbers to visit in year two; therefore, costs could employers based on the employer cost estimate their revenue. Based on the be less for employers that do not receive of compliance as a percentage of annual results of the sampled small entities a site visit. Employers of STEM OPT revenue. Second year costs include with sufficient data, almost all had first students would determine if the benefits initial submission of Mentoring and and second year annual impacts less of hiring such students exceed program Training Plans and evaluations for new than 1 percent, with the first-year requirements costs. To the extent that STEM OPT students who would be average annual revenue impact being the benefits do not exceed costs, hired in the second year. For not-for- 0.13 percent and second-year annual employers may choose not to hire STEM profit school employers without revenue impact being 0.15 percent. OPT students. revenue data, DHS multiplied the Additionally, the cost impact per tuition per full-time first-year student employer included a compliance site

67 Such costs could be related to train supervisors review and comprehend the requirements of the implement the requirements with the least negative on how to comply with the requirements, program regulation and make determinations on how to best impact to their ongoing operations. changes within the school, and time to generally

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TABLE 11—EMPLOYERS—ANNUAL IMPACT IN YEAR 1

Number of small entities Number of Percent of Revenue impact range for-profit non-profit small entities with data entities with data employers

0% < Impact ≤ 1% ...... 211 7 99% 1 < Impact ≤ 3 ...... 2 0 1 3 < Impact ≤ 5 ...... 0 0 0 5 < Impact ≤ 10 ...... 0 0 0 Above 10 ...... 0 0 0

Total ...... 220 100.0

TABLE 12—EMPLOYERS—ANNUAL IMPACT IN YEAR 2

Number of small entities Number of Percent of Revenue impact range for-profit non-profit small entities with data entities with data employers

0% < Impact ≤ 1% ...... 210 7 99% 1 < Impact ≤ 3 ...... 3 0 1 3 < Impact ≤ 5 ...... 0 0 0 5 < Impact ≤ 10 ...... 0 0 0 Above 10 ...... 0 0 0

Total ...... 220 100.0

Current Employers That Do Not will not have a significant economic submitted to Congress before taking Continue To Participate impact on a substantial number of small effect. If implemented as proposed, we may submit to Congress and the Due to additional employer entities. Comptroller General of the United requirements that must be met in order C. Small Business Regulatory States a report regarding the issuance of to receive the benefit of training STEM Enforcement Fairness Act of 1996 the Final Rule prior to its effective date, OPT extension opportunity, it may be Pursuant to section 213(a) of the as required by 5 U.S.C. 801(a)(1). possible that some employers (such as Small Business Regulatory Enforcement temporary employment agencies) would Fairness Act of 1996, Public Law 104– F. Collection of Information no longer participate in STEM OPT 121, we want to assist small entities in Federal agencies are required to extensions. DHS does not present the understanding this proposed rule so that submit to OMB, for review and quantitative burden or cost associated they can better evaluate its effects and approval, any reporting or with this possible impact on employers participate in the rulemaking. If the recordkeeping requirements inherent in due to lack of available information on proposed rule would affect your small a rule under the Paperwork Reduction employers that would fall under this business, organization, or governmental Act of 1995, as amended (PRA), Public category and the associated economic jurisdiction and you have questions Law 104–13, 109 Stat. 163 (1995), 44 impacts. DHS will consider data or concerning its provisions or options for U.S.C. 3501–3520. Under the PRA, an information provided by commenters to compliance, please consult ICE using agency may not conduct or sponsor, and assess such an impact upon employers. the contact information provided in the a person is not required to respond to, In particular, DHS requests FOR FURTHER INFORMATION section above. a collection of information unless it information and data that would assist displays a currently valid OMB control with better understanding the impact of D. Unfunded Mandates Reform Act number. this rule on small entities. DHS also The Unfunded Mandates Reform Act DHS has submitted the following seeks any alternatives that will of 1995 (2 U.S.C. 1531–1538) requires information collection request to the accomplish the objectives of this federal agencies to assess the effects of Office of Management and Budget rulemaking and minimize the proposed their discretionary regulatory actions. In (OMB) for review and clearance in rule’s economic impact on small particular, the Act addresses actions accordance with the review procedures entities. After receiving comments on that may result in the expenditure by a of the PRA. The proposed information small entity concerns, data and State, local, or tribal government in the collection requirements are outlined in information on impacts, and suggestions aggregate, or by the private sector, of this proposed rule to obtain comments that could reduce negative or cost $100,000,000 (adjusted for inflation) or from the public and affected entities. impacts to small entities, DHS would more in any year. Although this The proposed rule would maintain the consider possible alternatives in a final proposed rule would not result in such 2008 IFR revisions to previously rule. After publication of a final rule, an expenditure, we do discuss the approved information collections. The DHS would engage in outreach and effects of this proposed rule elsewhere 2008 IFR impacted information provide small entity stakeholders in this preamble. collections for Form I–765, Application assistance or clarification regarding how for Employment Authorization (OMB to implement the new proposed E. The Congressional Review Act Control No. 1615–0040); Student and requirements. At this time, DHS is The Congressional Review Act (5 Exchange Visitor Information System unable to certify that the proposed rule U.S.C. 801 et seq.) requires rules to be (SEVIS) and Form I–20, Certificate of

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Eligibility for Nonimmigrant Student comments on the information signatory official) to report on the Status (OMB Control No. 1653–0038); collection-related aspects of this rule Mentoring and Training Plan certain and the E-Verify Program (OMB Control should address one or more of the specified information relating to STEM No. 1615–0092). These four approved following four points: OPT extensions. For instance, the information collections corresponding (1) Evaluate whether the collection of Mentoring and Training Plan would to the 2008 IFR have included the information is necessary for the proper explain how the employment will number of respondents, responses and performance of the functions of the provide a work-based learning burden hours resulting from the 2008 agency, including whether the opportunity for the student by stating IFR requirements, which are also information will have practical utility; the specific goals of the practical burdens DHS is proposing to maintain. (2) Evaluate the accuracy of the training and describe how those goals Therefore DHS is not revising the agency’s estimate of the burden of the will be achieved; detail the knowledge, burden estimates for these four collection of information, including the skills, or techniques to be imparted to information collections. Additional validity of the methodology and the student; explain how the responses tied to new changes to STEM assumptions used; mentorship and training is directly OPT eligibility will minimally increase (3) Enhance the quality, utility, and related to the student’s qualifying STEM the number of responses and burden for clarity of the information to be degree; and describe the methods of Form I–765 and E-Verify information collected; performance evaluation and the collections, as the two collections cover (4) Minimize the burden of the frequency of supervision. The a significantly broader population of collection of information on those who Mentoring and Training Plan would also respondents and responses than those are to respond, including through the include a number of employer impacted by the proposed rule and use of appropriate automated, attestations intended to ensure the already account for growth in the electronic, mechanical, or other academic benefit of the practical number of responses in their respective technological collection techniques or training experience, protect STEM OPT published information collection other forms of information technology students, and protect against notices burden estimates. (e.g., permitting electronic submission appreciable adverse consequences on As part of this NPRM, DHS is creating of responses). In particular, DHS U.S. workers. The proposed rule would a new information collection instrument requests comments on the also require schools to collect and retain for the Mentoring and Training Plan. recordkeeping cost burden imposed by this information for a period of three This information collection is necessary this rule and will use the information years following the completion of each to enable reporting of and attesting to gained through such comments to assist STEM practical training opportunity. specified information relating to STEM in calculating the cost burden. (5) An estimate of the total annual OPT extensions, to be executed by Overview of This Information average number of respondents, annual STEM OPT students and their average number of responses, and the employers. Such reporting would Collection—Mentoring and Training Plan total amount of time estimated for include goals and objectives, progress, respondents in an average year to hours, and compensation. Assurances (1) Type of Information Collection: collect, provide information, and keep would ensure proper training New Collection. the required records is: opportunities for students and safeguard (2) Title of the Form/Collection: STEM • 43,970 STEM OPT student interests of U.S. workers in related OPT Extension Mentoring and Training respondents; 1,109 accredited schools fields. Plan. Additionally, DHS will require some (3) Agency form number, if any, and endorsing STEM OPT students; and minor changes to the Application for the applicable component of DHS 16,891 employers of STEM OPT Employment Authorization, Form I– sponsoring the collection: Immigration students. • 765, instructions to reflect proposed and Customs Enforcement Form I–910; 43,970 average responses annually changes to the F–1 regulations allowing (4) Affected public who will be asked at 4.00 hours per initial Mentoring and for: (a) a longer period of F–1 OPT or required to respond, as well as a brief Training Plan response. • STEM extension, and (b) an applicant to abstract: 87,941 average responses annually file an Application for Employment • Primary: State governments, local at 1.75 hours per 6-month evaluation Authorization, Form I–765, with USCIS governments, and businesses, or other response by STEM OPT students. within 60 days (rather than 30 days) for-profit and not-for-profit (6) An estimate of the total public from the date the DSO endorses his/her organizations. burden (in hours) associated with the F–1 OPT STEM extension. Accordingly, • Other: None. collection: 330,174 hours. USCIS will be submitting an OMB 83– • Abstract: DHS is publishing a The recordkeeping requirements set C, Correction Worksheet, to OMB for notice of proposed rulemaking (NPRM) forth by this rule are new requirements review and approval of the minor edits that would make certain changes to the that will require a new OMB Control to the Application for Employment STEM OPT extension first introduced Number. DHS is seeking comment on Authorization, Form I–765, instructions by the 2008 IFR. The NPRM would these new requirements as part of this during the final rule stage. USCIS seeks lengthen the duration of the STEM OPT NPRM. comments on whether Form I–765 extension to 24 months; require a G. Federalism should be modified as a direct result of Mentoring and Training Plan executed the changes in the proposed rule. See by STEM OPT students and their A rule has implications for federalism the ADDRESSES section above for employers; and require that the plan under Executive Order 13132, instructions on how to submit include assurances to safeguard Federalism, if it has substantial direct comments to DHS and OMB on the students and the interests of U.S. effects on the States, on the relationship information collection provisions of this workers in related fields; require that between the national government and rulemaking. Written comments and the plan include objective-tracking and the States, or on the distribution of suggestions from the public and affected reporting requirements. The proposed power and responsibilities among the agencies concerning the collection of rule would require students and various levels of government. We have information are encouraged. Your employers (through an appropriate analyzed this proposed rule under that

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Order and have determined that it does made a preliminary determination that sampling procedures; and related not have implications for federalism. this action is one of a category of actions management systems practices) that are that do not individually or cumulatively developed or adopted by voluntary H. Civil Justice Reform have a significant effect on the human consensus standards bodies. This This proposed rule meets applicable environment. This proposed rule clearly proposed rule does not use technical standards in sections 3(a) and 3(b)(2) of fits within the Categorical Exclusion standards. Therefore, we did not Executive Order 12988, Civil Justice found in MD 023–01 Rev. 01, Appendix consider the use of voluntary consensus Reform, to minimize litigation, A, Table 1, number A3(a): standards. eliminate ambiguity, and reduce ‘‘Promulgation of rules . . . of a strictly List of Subjects burden. administrative or procedural nature;’’ I. Energy Effects and A3(d): ‘‘Promulgation of rules . . . 8 CFR Part 214 that interpret or amend an existing Administrative practice and We have analyzed this proposed rule regulation without changing its under Executive Order 13211, Actions procedure, Aliens, Employment, environmental effect.’’ This proposed Foreign officials, Health professions, Concerning Regulations That rule is not part of a larger action. This Significantly Affect Energy Supply, Reporting and recordkeeping proposed rule presents no extraordinary requirements, Students. Distribution, or Use. We have circumstances creating the potential for determined that it is not a ‘‘significant significant environmental effects. 8 CFR Part 274a energy action’’ under that order because Therefore, this proposed rule is Administrative practice and it is a ‘‘significant regulatory action’’ categorically excluded from further procedure, Aliens, Employment, under Executive Order 12866 but is not NEPA review. Penalties, Reporting and recordkeeping likely to have a significant adverse effect requirements. of the supply, distribution, or use of K. Indian Tribal Governments energy. This proposed rule does not have The Proposed Amendments J. Environment tribal implications under Executive For the reasons set forth in the Order 13175, Consultation and preamble, the Department of Homeland The U.S. Department of Homeland Coordination with Indian Tribal Security proposes to amend parts 214 Security Management Directive (MD) Governments, because it would not have and 274a of Chapter 1 of Title 8 of the 023–01 Rev. 01 establishes procedures a substantial direct effect on one or Code of Federal Regulations as follows: that DHS and its Components use to more Indian tribes, on the relationship comply with the National between the Federal Government and Subchapter B—Immigration Environmental Policy Act of 1969 Indian tribes, or on the distribution of Regulations (NEPA), 42 U.S.C. 4321–4375, and the power and responsibilities between the Council on Environmental Quality Federal Government and Indian tribes. PART 214—NONIMMIGRANT CLASSES (CEQ) regulations for implementing NEPA, 40 CFR parts 1500 through 1508. L. Taking of Private Property ■ 1. The authority citation for part 214 CEQ regulations allow federal agencies This proposed rule would not cause a continues to read as follows: to establish categories of actions, which taking of private property or otherwise Authority: 8 U.S.C. 1101, 1102, 1103, do not individually or cumulatively have takings implications under 1182, 1184, 1186a, 1187, 1221, 1281, 1282, have a significant effect on the human Executive Order 12630, Governmental 1301–1305 and 1372; sec. 643, Pub. L. 104– environment and, therefore, do not Actions and Interference with 208, 110 Stat. 3009–708; Pub. L. 106–386, require an Environmental Assessment or Constitutionally Protected Property 114 Stat. 1477–1480; section 141 of the Environmental Impact Statement. 40 Rights. Compacts of Free Association with the Federated States of Micronesia and the CFR 1508.4. The MD 023–01 Rev. 01 M. Protection of Children Republic of the Marshall Islands, and with lists the Categorical Exclusions that the Government of Palau, 48 U.S.C. 1901 DHS has found to have no such effect. DHS has analyzed this proposed rule note, and 1931 note, respectively; 48 U.S.C. MD 023–01 Rev. 01 Appendix A Table under Executive Order 13045, 1806; 8 CFR part 2. 1. Protection of Children from ■ Environmental Health Risks and Safety 2. Amend § 214.2 by: For an action to be categorically ■ a. Republishing paragraph (f)(5)(vi); Risks. This proposed rule would not excluded, MD 023–01 Rev. 01 requires and the action to satisfy each of the create an environmental risk to health or ■ b. Revising paragraphs (f)(10)(ii)(A)(3), following three conditions: risk to safety that might (f)(10)(ii)(C), (D), and (E), and (f)(11) and (1) The entire action clearly fits disproportionately affect children. (12). within one or more of the Categorical N. Technical Standards The revisions read as follows: Exclusions. (2) The action is not a piece of a larger The National Technology Transfer § 214.2 Special requirements for action. and Advancement Act of 1995 (15 admission, extension, and maintenance of (3) No extraordinary circumstances U.S.C. 272 note) directs agencies to use status. exist that create the potential for a voluntary consensus standards in their * * * * * significant environmental effect. MD regulatory activities unless the agency (f) * * * 023–01 Rev. 01 section V.B(1)–(3). provides Congress, through the Office of (5) * * * Where it may be unclear whether the Management and Budget, with an (vi) Extension of duration of status action meets these conditions, MD 023– explanation of why using these and grant of employment authorization. 01 Rev. 01 requires the administrative standards would be inconsistent with (A) The duration of status, and any record to reflect consideration of these applicable law or otherwise employment authorization granted conditions. MD 023–01 Rev. 01 section impracticable. Voluntary consensus under 8 CFR 274a.12(c)(3)(i)(B) or (C), of V.B. standards are technical standards (e.g., an F–1 student who is the beneficiary of DHS has analyzed this proposed rule specifications of materials, performance, an H–1B petition and request for change under MD 023–01 Rev. 01. DHS has design, or operation; test methods; of status shall be automatically

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extended until October 1 of the fiscal additional 24 months. In no event may under 8 CFR 274a.12(c)(3)(i)(B). In year for which such H–1B visa is being a student be authorized for more than either case, the degree that is the basis requested where such petition: two lifetime STEM OPT extensions. Any of the 24-month OPT extension must (1) Has been timely filed; and subsequent application for an additional have been conferred by an accredited (2) States that the employment start 24-month OPT extension under this U.S. educational institution and must be date for the F–1 student is October 1 of paragraph (f)(10)(ii)(C) must be based on contained within a category on the the following fiscal year. a degree at a higher degree level than current STEM Designated Degree (B) The automatic extension of an F– the degree that was the basis for the Program List at the time of the DSO 1 student’s duration of status and student’s first 24-month OPT extension. recommendation. If an application for a employment authorization under In order to qualify for an extension of 24-month OPT extension under paragraph (f)(5)(vi)(A) of this section post-completion OPT based upon a paragraph (f)(10)(ii)(C) of this section is shall immediately terminate upon the STEM degree, all of the following based upon a degree obtained previous rejection, denial, or revocation of the H– requirements must be met. to the degree that provided the basis for 1B petition filed on such F–1 student’s (1) Accreditation. The degree that is the period of post-completion OPT behalf. the basis for the 24-month OPT authorized under 8 CFR (C) In order to obtain the automatic extension is from an educational 274a.12(c)(3)(i)(B), that previously extension of stay and employment institution accredited by an accrediting obtained degree must have been authorization under paragraph agency recognized by the Department of conferred within the 10 years preceding (f)(5)(vi)(A) of this section, the F–1 Education. the student’s application date, and the student, according to 8 CFR part 248, (2) DHS-approved degree. The degree student’s most recent degree must also must not have violated the terms or that is the basis for the 24-month OPT be from an institution accredited by an conditions of his or her nonimmigrant extension is a bachelor’s, master’s, or accrediting agency recognized by the status. doctoral degree in one of the degree Department of Education. (D) An automatic extension of an F– programs determined by the Secretary, (4) Eligible practical training 1 student’s duration of status under or his or her designee, to qualify within opportunity. The STEM practical paragraph (f)(5)(vi)(A) of this section a science, technology, engineering, or training opportunity that is the basis for also applies to the duration of status of mathematics field. the 24-month OPT extension under any F–2 dependent aliens. (i) The term ‘‘science, technology, paragraph (f)(10)(ii)(C) of this section engineering or mathematics field’’ must be directly related to the degree * * * * * means a field included in the that qualifies the student for such (10) * * * Department of Education’s (ii) * * * extension, which may be the previously Classification of Instructional Programs obtained degree described in paragraph (A) * * * taxonomy within the summary groups (3) After completion of the course of (f)(10)(ii)(C)(3) of this section. containing mathematics, natural (5) Employer qualification. The study, or, for a student in a bachelor’s, sciences (including physical sciences student’s employer is enrolled in the E- master’s, or doctoral degree program, and biological/agricultural sciences), Verify program, as evidenced by either after completion of all course engineering/engineering technologies, a valid E-Verify company identification requirements for the degree (excluding and computer/information sciences, and number or, if the employer is using an thesis or equivalent). Continued related fields. employer agent to create its E-Verify enrollment, for the school’s (ii) The Secretary, or his or her cases, a valid E-Verify client company administrative purposes, after all designee, will maintain the STEM identification number, and the employer requirements for the degree have been Designated Degree Program List, which is a participant in good standing in the met does not preclude eligibility for will be a complete list of qualifying E-Verify program, as determined by optional practical training. A student degree program categories, published on USCIS. An employer must also have an must complete all practical training the Student and Exchange Visitor employer identification number (EIN) within a 14-month period following the Program Web site at http://www.ice.gov/ used for tax purposes. completion of study, except that a 24- sevis. Changes that are made to the (6) Employer reporting. A student may month extension pursuant to paragraph Designated Degree Program list may also not be authorized for employment with (f)(10)(ii)(C) of this section does not be published in a notice in the Federal an employer pursuant to paragraph need to be completed within such 14- Register. All program categories (f)(10)(ii)(C)(2) of this section unless the month period. included on the list must be consistent employer agrees, by signing the * * * * * with the definition set forth in Mentoring and Training Plan, to report (C) 24-month extension of post- paragraph (f)(10)(ii)(C)(2)(i) of this the termination or departure of an OPT completion OPT for a science, section. student to the DSO at the student’s technology, engineering, or mathematics (iii) At the time the DSO recommends school, if the termination or departure is (STEM) degree. Consistent with an OPT extension under paragraph prior to the end of the authorized period paragraph (f)(11)(i)(C) of this section, a (f)(10)(ii)(C) of this section in SEVIS, the of OPT. Such reporting must be made qualified student may apply for an degree that is the basis for the within 48 hours of the termination or extension of OPT while in a valid application for a 24-month OPT departure. An employer shall consider a period of post-completion OPT extension must be contained within a student to have departed when the authorized under 8 CFR category on the STEM Designated employer knows the student has left the 274a.12(c)(3)(i)(B). An extension will be Degree Program List. practical training opportunity, or if the for 24 months for the first qualifying (3) Previously obtained STEM student has not reported for his or her degree completed by the student, degree(s). The degree that is the basis for practical training for a period of five including any previously obtained the 24-month OPT extension under consecutive business days without the degree that qualifies. If a student paragraph (f)(10)(ii)(C) of this section consent of the employer, whichever completes another qualifying degree at a may be, but is not required to be, the occurs earlier. higher degree level than the first, a degree that is the basis for the post- (7) Mentoring and Training Plan second extension will be for an completion OPT period authorized (Form I–910). (i) A student must fully

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complete an individualized Mentoring that the terms and conditions of a STEM attests, including by signing the and Training Plan and obtain requisite practical training opportunity are Mentoring and Training Plan, that: signatures from his or her employer or commensurate with the terms and (i) The employer has sufficient an appropriate individual in the conditions of employment for other resources and personnel available and is employer’s organization on the similarly situated U.S. workers in the prepared to provide appropriate Mentoring and Training Plan, or any area of employment. ‘‘Similarly situated mentoring and training in connection successor form, consistent with form U.S. workers’’ includes U.S. workers with the specified opportunity; instructions, before the DSO may performing similar duties subject to (ii) The employer will not terminate, recommend a 24-month OPT extension similar supervision and with similar lay off, or furlough any full- or part- under paragraph (f)(10)(ii)(C)(2) of this educational backgrounds, industry time, temporary or permanent U.S. section in SEVIS. A student must expertise, employment experience, worker as a result of the practical submit the Mentoring and Training levels of responsibility, and skill sets as training opportunity; and Plan, which includes a certification of the STEM OPT student. The duties, (iii) The student’s opportunity assists adherence to the plan completed by an hours, and compensation of STEM OPT the student in reaching his or her appropriate individual in the students are ‘‘commensurate’’ with training goals. employer’s organization who has those offered to U.S. workers employed (11) Site visits. DHS, at its discretion, signatory authority for the employer, to by the employer in the same area of may conduct a site visit of any the student’s DSO, prior to the new DSO employment when the employer can employer. The purpose of the site visit recommendation. A student must show that the duties, hours, and is for DHS to ensure that each employer present his or her signed and completed compensation are consistent with the possesses and maintains the ability and Mentoring and Training Plan to a DSO range of such terms and conditions the resources to provide structured and at the educational institution of his or employer has offered or would offer to guided work-based learning experiences her most recent enrollment. A student, similarly situated U.S. employees. The consistent with any Mentoring and while in F–1 nonimmigrant status, may student must disclose his or her Training Plan completed and signed by also be required to submit the compensation, including any the employer. Mentoring and Training Plan to ICE adjustments, as agreed to with the (D) Duration of status while on post- and/or USCIS upon request or in employer, on the Mentoring and completion OPT. For a student with accordance with form instructions. Training Plan. approved post-completion OPT, the (ii) The Mentoring and Training Plan (9) Evaluation requirements. A duration of status is defined as the must explain how the employment will student may not be authorized for period beginning when the student’s provide a work-based learning employment with an employer pursuant application for OPT was properly filed opportunity for the student by stating to paragraph (f)(10)(ii)(C)(2) of this and pending approval, including the the specific goals of the STEM practical section unless the employer develops authorized period of post-completion training opportunity and describing procedures for evaluating the student, OPT, and ending 60 days after the OPT how those goals will be achieved; which shall include documentation of employment authorization expires. detailing the knowledge, skills, or the student’s progress toward the (E) Periods of unemployment during techniques to be imparted to the training goals described in the post-completion OPT. During post- student; explaining how the mentorship Mentoring and Training Plan. All completion OPT, F–1 status is and training is directly related to the required evaluations must be completed dependent upon employment. Students student’s qualifying STEM degree; and prior to the conclusion of a STEM may not accrue an aggregate of more describing the methods of performance practical training opportunity, and the than 90 days of unemployment during evaluation and the frequency of student and his or her immediate any post-completion OPT described in 8 supervision. supervisor must sign the evaluations. At CFR 274a.12(c)(3)(i)(B). Students (iii) If a student initiates a new a minimum, all STEM practical training granted one or more 24-month OPT practical training opportunity with a opportunities require a concluding extensions under paragraph new employer during his or her 24- evaluation and a recurrent evaluation at (f)(10)(ii)(C)(2) of this section may not month OPT extension, the student must every six-month interval of each OPT accrue an aggregate of more than 150 submit, within 10 days of beginning the extension period under paragraph days of unemployment during a total new practical training opportunity, a (f)(10)(ii)(C)(2) of this section. The OPT period, including any post- new Mentoring and Training Plan to the educational institution whose DSO is completion OPT period described in 8 student’s DSO, and subsequently obtain responsible for duties associated with CFR 274a.12(c)(3)(i)(B) and any a new DSO recommendation. the student’s latest OPT extension under subsequent 24-month extension period. (8) Duties, hours, and compensation paragraph (f)(10)(ii)(C)(2) of this section (11) OPT application and approval for training. The terms and conditions of is responsible for ensuring the Student process—(i) Student responsibilities. A a STEM practical training opportunity and Exchange Visitor Program has student must initiate the OPT during the period of the 24-month OPT access to each individualized Mentoring application process by requesting a extension, including duties, hours, and and Training Plan and associated recommendation for OPT from his or compensation, must be commensurate student evaluations (electronic or hard her DSO. Upon making the with terms and conditions applicable to copy), including through SEVIS if recommendation, the DSO will provide the employer’s similarly situated U.S. technologically available, beginning the student a signed Form I–20 workers in the area of employment, within 30 days after the document is indicating that recommendation. except in no event may the student submitted to the DSO and continuing (A) Application for employment engage in compensated practical for a period of three years following the authorization. The student must training for less than 20 hours per week. completion of each STEM practical properly file an Application for If the employer does not employ and training opportunity. Employment Authorization (Form I– has not recently employed more than (10) Additional STEM opportunity 765, or successor form), with USCIS, two similarly situated U.S. workers in obligations. A student may only accompanied by the required fee, and the area of employment, the employer participate in a STEM practical training the supporting documents, as described nevertheless remains obligated to attest opportunity in which the employer in the form’s instructions.

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(B) Filing deadlines for pre- is more than 60 days after the student’s in paragraph (f)(10)(ii)(C)(8), and note in completion OPT and post-completion program end date. Employment SEVIS the OPT start and end dates. OPT. (1) Students may file an authorization will begin on the date (C) The DSO must provide the student Application for Employment requested or the date the employment with a signed, dated Form I–20, or Authorization, or successor form, for authorization is adjudicated, whichever successor form, indicating that OPT has pre-completion OPT up to 90 days is later. been recommended. before being enrolled for one full (ii) Additional DSO responsibilities. A (iii) Decision on application for OPT academic year, provided that the period student needs a recommendation from employment authorization. USCIS will of employment will not start prior to the his or her DSO in order to apply for make a decision on the Application for completion of the full academic year. OPT. When a DSO recommends a Employment Authorization, or (2) For post-completion OPT, the student for OPT, the school assumes the successor form, on the basis of the student must properly file his or her added responsibility for maintaining the DSO’s recommendation and other Application for Employment SEVIS record of that student for the eligibility considerations. Authorization, or successor form, up to entire period of authorized OPT, (A) If granted, the employment 90 days prior to his or her program end- consistent with paragraph (f)(12) of this authorization period for post- date and no later than 60 days after his section. completion OPT begins on the requested date of commencement or the date the or her program end date. For all post- (A) Prior to making a employment authorization application completion OPT, except in the case of recommendation, the DSO at the is approved, whichever is later, and an application for employment educational institution of the student’s ends at the conclusion of the remaining associated with a 24-month OPT most recent enrollment must ensure that time period of post-completion OPT extension under paragraph the student is eligible for the given type eligibility. The employment (f)(10)(ii)(C)(2) of this section, the and period of OPT and that the student authorization period for a 24-month student must also file the Application is aware of the student’s responsibilities OPT extension under paragraph for Employment Authorization with for maintaining status while on OPT. (f)(10)(ii)(C) of this section begins on the USCIS within 30 days of the date the Prior to recommending a 24-month OPT DSO enters the recommendation for day after the expiration of the initial extension under paragraph (f)(10)(ii)(C) OPT into his or her SEVIS record. post-completion OPT employment of this section, the DSO at the (C) Applications for 24-month OPT authorization and ends 24 months educational institution of the student’s extension. A student meeting the thereafter, regardless of the date the most recent enrollment must certify that eligibility requirement for a 24-month actual extension is approved. the student’s degree being used to OPT extension under paragraph (B) USCIS will notify the applicant of qualify that student for the 24-month (f)(10)(ii)(C) of this section may file for the decision on the application for OPT extension, as shown in SEVIS or an extension of employment employment authorization in writing, official transcripts, is a bachelor’s, authorization by filing an Application and, if the application is denied, of the master’s, or doctorate degree with a for Employment Authorization, or reason or reasons for the denial. successor form, with the required fee, degree code that is contained within a (C) The applicant may not appeal the and the supporting documents, prior to category on the current STEM decision. the expiration date of the student’s Designated Degree Program List at the (12) Reporting while on optional current OPT employment authorization. time the recommendation is made. A practical training—(i) General. An F–1 The student seeking such 24-month DSO may only recommend a student for student who is granted employment OPT extension must properly file his or a 24-month OPT extension under authorization by USCIS to engage in her Application for Employment paragraph (f)(10)(ii)(C) of this section if optional practical training is required to Authorization, or successor form, with the Mentoring and Training Plan report any change of name or address, USCIS within 60 days of the date the described in paragraph (f)(10)(ii)(C)(7) of or interruption of such employment to DSO enters the recommendation for the this section has been properly the DSO for the duration of the optional OPT extension into his or her SEVIS completed and executed by the student practical training. A DSO who record. If a student timely and properly and prospective employer. A DSO may recommends a student for OPT is files an application for such 24-month not recommend a student for an OPT responsible for updating the student’s OPT extension and timely and properly extension under paragraph (f)(10)(ii)(C) record to reflect these reported changes requests a DSO recommendation, of this section if the practical training for the duration of the time that training including by submitting the fully- would be conducted by an employer is authorized. executed Mentoring and Training Plan who has failed to meet the requirements (ii) Additional reporting obligations to his or her DSO, but the Employment under paragraphs (f)(10)(ii)(C)(5) for students with an approved 24-month Authorization Document (Form I–766, through (9) of this section or has failed OPT extension. Students with an or successor form) currently in the to provide the required assurances of approved 24-month OPT extension student’s possession expires prior to the paragraph (f)(10)(ii)(C)(10) of this under paragraph (f)(10)(ii)(C) of this decision on the student’s application for section. section have additional reporting the OPT extension, the student’s Form (B) The DSO must update the obligations. Compliance with these I–766, or successor form, is extended student’s SEVIS record with the DSO’s reporting requirements is required to automatically pursuant to the terms and recommendation for OPT before the maintain F–1 status. The reporting conditions specified in 8 CFR student can apply to USCIS for obligations are: 274a.12(b)(6)(iv). employment authorization. The DSO (A) Within 10 days of the change, the (D) Start of OPT employment. A will indicate in SEVIS whether the OPT student must report to the student’s student may not begin OPT employment employment is to be full-time or part- DSO a change of legal name, residential prior to the approved start date on his time, or for a student seeking a or mailing address, employer name, or her employment authorization recommendation for a 24-month OPT employer address, and/or loss of document except as described in extension under paragraph (f)(10)(ii)(C) employment. paragraph (f)(11)(i)(C) of this section. A whether the OPT employment meets the (B) The student must make a student may not request a start date that minimum hours requirements described validation report and submit his or her

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supervisor-approved recurrent extension of OPT under employment authorization issued under evaluation to the DSO every six months § 214.2(f)(10)(ii)(C): paragraph (c)(3)(i)(B) of this section has starting from the date the extension (1) Any change that the student expired. Employment is authorized begins and ending when the student’s reports to the school concerning legal beginning on the expiration date of the F–1 status ends, the student changes name, residential or mailing address, authorization issued under paragraph educational levels at the same school, or employer name, or employer address; (c)(3)(i)(B) of this section and ending on the student transfers to another school and the date of USCIS’ written decision on or program, or the 24-month OPT (2) The end date of the student’s the current employment authorization extension ends, whichever is first. The employment reported by a former request, but not to exceed 180 days; or validation is a confirmation that the employer in accordance with (v) Pursuant to 8 CFR 214.2(h) is student’s information in SEVIS for the § 214.2(f)(10)(ii)(C)(6). seeking H–1B nonimmigrant status and items listed in paragraph (f)(12)(ii)(A) of * * * * * whose duration of status and this section is current and accurate. This employment authorization have been report is due to the student’s DSO PART 274a—CONTROL OF extended pursuant to 8 CFR within 10 business days of each EMPLOYMENT OF ALIENS 214.2(f)(5)(vi). reporting date. ■ 4. The authority citation for part 274a * * * * * Note to paragraph (f)(12)(ii)(B): The continues to read as follows: supervisor-approved recurrent (c) * * * evaluation, described in paragraph Authority: 8 U.S.C. 1101, 1103, 1324a; 48 (3) * * * (f)(10)(ii)(C)(9) of this section, is noted U.S.C. 1806; 8 CFR part 2. (i)(A) Is seeking pre-completion here for ease of reference; this Subpart B—Employment Authorization practical training pursuant to 8 CFR evaluation is an update to the fully 214.2(f)(10)(ii)(A)(1) and (2); executed Mentoring and Training Plan ■ 5. Revise § 274a.12(b)(6)(iv) and (v) (B) Is seeking authorization to engage that the student submits to his or her and (c)(3)(i) to read as follows: in post-completion Optional Practical DSO. Training (OPT) pursuant to 8 CFR ■ 3. Revise § 214.3(g)(2)(ii)(F) to read as § 274a.12 Classes of aliens authorized to accept employment. 214.2(f)(10)(ii)(A)(3); or follows: * * * * * (C) Is seeking a 24-month STEM OPT § 214.3 Approval of schools for enrollment (b) * * * extension pursuant to 8 CFR of F and M nonimmigrants. (6) * * * 214.2(f)(10)(ii)(C); * * * * * (iv) An employment authorization * * * * * (g) * * * document under paragraph (c)(3)(i)(C) of (2) * * * this section based on a 24-month STEM Jeh Charles Johnson, (ii) * * * Optional Practical Training extension, Secretary of Homeland Security. (F) For F–1 students authorized by and whose timely filed employment [FR Doc. 2015–26395 Filed 10–16–15; 8:45 am] USCIS to engage in a 24-month authorization request is pending and BILLING CODE 9111–28–P

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