New York  |  Immigration Law

Legal Question

Asked on: 4/16/09, 8:00 am

''Degree level'' definition for OPT

It is my understanding that students become ''eligible for another 12 months of practical training when he or she changes to a higher educational level.'' 8 CFR 214.2(f)(10).

Is an LLM program considered a ''higher educational level'' from a JD program?

Specifics: A person receives a Bachelor's degree in engineering in the US, and then works for 12 months under OPT. He then moves onto JD, finishes in 3 years, and then works again for 12 months under OPT after graduation. Now he is in an LLM program. Once he graduates in May, 2009, will he be eligible for another 12 months of post-completion OPT?

Thanks.

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