On March 31, Immigration and Customs Enforcement (ICE) sent a proposed regulation to the Office of Management and Budget (OMB) for review. The proposed regulation would extend the authorized period of Optional Practical Training (OPT) for F-1 students from 12 months to 29 months. The proposal was sent as an Interim Final Rule, which would mean that the regulation could be effective immediately upon publication in the Federal Register.

The details of the proposed regulation are not yet known, nor is it known when the regulation might be published, as this depends on how long OMB review takes, and whether OMB requires any changes to the regulation. There is no mandatory timeline for how long the OMB review may take, and regulations may be under review for weeks or months before they are cleared by OMB.

The proposal to extend OPT, assuming it goes into effect, may provide some relief to students and employers who have been impacted by the H-1B visa category's annual numerical cap. Extending OPT to 29 months would give most students two chances to apply for an H-1B visa, and would ensure they have sufficient OPT to maintain employment authorization until their H-1B status becomes effective.

However, until the regulation is published, the scope and breadth of any OPT extension is unknown. The additional OPT time could be limited to graduates in certain fields of study, such as Science, Technology, Engineering or Mathematics ("STEM" disciplines), or the extension might not be available to students already issued OPT. Jackson & Hertogs is closely tracking the status of the draft regulation, and will provide updates to clients as they become available.

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