USCIS plans only “limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.”
At present, the impact of the new rule on STEM OPT applicants remains unclear. Although the interim final rule revises 8 CFR § 274a.13 to eliminate automatic extensions of employment authorization for most categories, it does not expressly amend 8 CFR § 274a.12(b)(6)(iv), which governs the 180-day automatic extension for F-1 STEM OPT students. Some immigration practitioners interpret this to mean that the STEM OPT 180-day extension remains valid, while others believe that the change to § 274a.13 effectively prevents employers from relying on an expired EAD for I-9 purposes. Until DHS or USCIS issues further clarification, STEM OPT employers are advised to proceed cautiously. STEM OPT applicants may consider requesting premium processing when their current OPT EAD is within approximately 30 business days of expiration to help maintain uninterrupted work authorization.
USCIS further recommends that applicants file renewal applications up to 180 days before their EAD expires, to avoid a lapse in employment authorization. For more information, please see USCIS’s Employment Authorization Document page.