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IMMIGRATION FEBRUARY 18, 2022 | The Indian Eye 40
Expansion of STEM Practical
Training and Broadening of O-1A
Standards Allows Foreign Talented
Students to Contribute to the US
Even If Rejected in the H-1B Lottery
BY CYRUS D. MEHTA AND
provisions, the U.S. Depart- ”The additions in- Regarding the critical Taken together, these
KAITLYN BOx* ment of Homeland Security clude a number of new and role criterion, the contribu- updates will alleviate some
(DHS) has added 22 new emerging fields, including tion by a founder of a start- of the uncertainty employers
n January 21, 2021, fields to the STEM option- bioenergy, cloud comput- up might also qualify. and STEM workers face in
the Biden adminis- al practical training (OPT) ing, climate science, busi- Certain doctoral dis- contending with the H-1B
Otration announced program to “enhance the ness analytics, and financial sertation awards and Ph.D. cap. Research has shown
a series of actions aimed contributions of nonimmi- analytics, to name only a scholarships will also be that the OPT program ben-
at attracting and retaining grant students studying” in few. Nursing, among other accepted under the receipt efits the U.S. economy and
STEM students and work- STEM fields and to “sup- significant science-related of national or international is important in the creation
ers to the United States. port the growth of the U.S. fields, was not included in award criterion. of job opportunities, so the
Among the most significant economy and innovation. the list. Additionally, DHS The update “also em- Biden administration should
has updated its guidance phasizes that, if a petitioner take all possible measures to
to clarify how individ- demonstrates that a particu- encourage foreign students
uals with advanced de- lar criterion does not readi- to utilize the program. Ex-
grees in STEM fields, as ly apply to their occupation, panding STEM OPT fields,
well as STEM entrepre- they may submit evidence as well as allowing students
neurs, can self-sponsor that is of comparable sig- to work in the U.S. for three
for green cards through nificance to that criterion to years pursuant to STEM
the national interest establish sustained acclaim OPT, are good first steps.
waiver (NIW). and recognition”, and pro- In the time afforded
Furthermore, DHS vides examples of compara- them by the STEM OPT
also updated its guid- ble evidence that could be program, students can po-
ance related to O-1A submitted by individuals in tentially be entered in the
nonimmigrant status STEM fields. H-1B lottery three to four
for noncitizens of ex- times. Each year as more
traordinary ability in petitioners register under
the fields of science, the department of the lottery, the chances of
arts, education, busi- state (dos) guidance being selected become cor-
ness, or athletics. respondingly less.
For the first time, will also provide for an Even if individuals are
the update provides extension of J-1 status unlucky enough to never be
examples of evidence selected, they could poten-
that might satisfy the for undergraduate and tially utilize the new O-1A
m of criteria, focusing on the graduate students in guidance to obtain O classi-
CYRUS D. MEHTA & PARTNERS PLLC complex nature of the fication.
evidence stem fields to facilitate
As discussed above,
supporting
in STEM-related peti- additional academic USCIS has broadened the
tions. For instance, un- evidentiary standards for
der the published ma- training for periods of O visas, including allowing
terial criterion, USCIS online publications or vid-
up to 36 months. the
will accept a transcript eos to qualify as “published
of professional or ma- extension applies to material”, which provides
jor audio or video cov- the 2021-22 and 2022- enhanced flexibility that may
erage of the beneficiary allow more STEM workers
2 6th Floor and the beneficiary’s 23 academic years. to qualify.
work. Continued at next page... >>
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