Legal Question in Immigration Law in New York

''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?


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

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: ''Degree level'' definition for OPT

What will be his reason for waiting to stay after he graduates with his LLM course? Is he going to continue studying?

Patricia Martin-Gibbons

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Answered on 4/20/09, 5:37 pm

Patrick Klauss Berd & Klauss, PLLC

Re: ''Degree level'' definition for OPT

Yes, a Master of Law would be considered a higher educational level and allow for an additional 12 months of OPT.

You should consult with an Immigration Attorney on the specifics of your situation.

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Answered on 4/16/09, 10:05 am

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