Understanding OPT Extension Eligibility after an MS from the USA

For international students who have pursued their Master of Science (MS) degree in the United States, the Opt-Optional Practical Training (OPT) program offers a period of practical work experience. This allows students to gain relevant work experience before returning to their home countries or seeking further educational opportunities in the US. One of the frequently asked questions in this context is related to the extension of the OPT for an MBA program. This article will explore the eligibility criteria for STEMand non-STEM OPT extension and provide insights for students looking to pursue an MBA after returning home.

What is OPT and How Long Can You Stay?

OPT is a program which allows F-1 visa holders to work for a certain period of time in the US after completing their studies. The duration of the OPT program depends on the type of degree and whether the program is STEM (Science, Technology, Engineering, and Mathematics) focused or not. For non-STEM OPT, the period is 12 months, and for STEM OPT, it is 29 months, with a break of up to 120 days.

Does Voluntary Departure Affect OPT Eligibility?

One of the critical aspects that affect the eligibility for future OPT extensions is the voluntary departure from the US. In the scenario presented, the individual has completed their MS from the USA, did not extend the OPT for the maximum 29 months, traveled back to their home country, and now wishes to return to the US for an MBA degree. It is essential to understand the implications of this travel on the OPT eligibility.

Travel outside the US, especially for a prolonged period, can have an impact on the remaining period of OPT. According to immigration laws in the US, any time spent outside the country during the OPT period is counted as part of the 120-day break allowance for the 29-month STEM OPT extension. If travel is involved, the break allowance is utilized proportionally throughout the stay.

Evaluation of the Scenario

In the specific situation described, the individual has traveled back home after completing their MS without extending the OPT beyond the initial 12 months (for non-STEM) or the 29 months (for STEM). Since they did not request an extension during the break period, the time spent outside the country is not eligible for the 120-day break allowance. Therefore, they are unlikely to be eligible for a STEM extension of another 17 months post their MBA degree in the US.

Strategies to Maintain Eligibility for Future OPT Extensions

To maintain OPT eligibility, it is crucial to stay within the allowed period of stay and request an extension well before the OPT expires. Here are some strategies:

Plan ahead: Start the application process for OPT extension in advance to ensure timely processing. Compliance: Adhere strictly to the employment and work permits issued by the US Citizenship and Immigration Services (USCIS). Reevaluation: Seek legal advice from immigration consultants to understand the latest regulations and their impact on future eligibility. Long-term plans: Consider long-term employment or further educational opportunities within the US to maximize the benefits of OPT.

Conclusion

The OPT program is a valuable opportunity for international students to gain practical work experience after completing their MS degree. However, the break period and voluntary departure can affect future eligibility, especially for STEM OPT extensions. It is important to maintain compliance and plan ahead for the OPT extension to take advantage of its full potential.

If you are planning to pursue an MBA in the US, it is advisable to seek professional advice to understand the eligibility criteria and available options. Lawful and strategic planning can help maximize the benefits of the OPT program and pave the way for a successful academic and professional journey in the US.

Keywords: OPT Extension, STEM Extension, MBA Eligibility, MS from USA, Employment Authorization