I got updates from NAFSA.org. A little better news:
Good news for the 90 days unemployment rule:
Key point:
1. SEVP is not planning to apply the unemployment provision to any student whose OPT was approved before April 8, 2008.
2. For regular post-completion OPT, the employment does NOT have to paid employment. It can be self-employed, interning or volunteering in a position directly related to the academic field.
3. For the 17-month STEM extension, employment must be traditional paid employment.
Guess all of us will be self-employed....
Original article:
www.nafsa.org
April 11, 2008
During a meeting on April 11, 2008 with NAFSA and other stakeholders, SEVP provided some guidance on the OPT rule.
Please note: the answers were verbal and are subject to change. SEVP indicated that it plans to provide further written DSO Operating Instructions, including some of the information below, no later than Friday,April 18, 2008.
17-month STEM extension
SEVIS 5.8 will be rolled out on Friday, April 18, 2008 and will include functionality to request a 17-month extension for STEM graduates currently on post-completion OPT.
SEVP has posted the SEVIS Release 5.8 Training Slides - F/M Users which includes more information on functionality and instructions for recommending a 17-month STEM extension in SEVIS 5.8.
Unemployment provisions
NAFSA was told that SEVP is not planning to apply the unemployment provision to any student whose OPT was approved before April 8, 2008. NAFSA expects this to be clarified in the written Operating Instructions that SEVP plans
to post no later than April 18, 2008.
SEVP indicated that days of unemployment will be counted from either the start date requested (no later than 60 days after program end date) or the date the employment authorization is adjudicated, whichever is later.
SEVP further indicated that ICE may consider tolling the days for those students whose EAD was approved but not received (e.g. lost in the mail). For example, if a student has to re-apply for a duplicate EAD because the first was lost in the mail, ICE may take into account the date the duplicate EAD was issued. Regarding unpaid employment, SEVP said:
For regular post-completion OPT, the employment does NOT have to paid employment. Therefore, a student who is self-employed (including performance majors with regular “gigs”), interning or volunteering in a position directly related to the academic field would be considered “employed” for
the purposes of OPT employment. For the 17-month STEM extension, employment must be traditional paid employment.