OPT Workshop for International Students

OPT: Workshop

Please read the following information thoroughly as the majority of questions that students have are covered. The first section is informational. The second part will instruct you on how to obtain your OPT I-20 from OIS and put together your packet to mail to the United States Citizenship and Immigration Services (USCIS).

Eligibility requirements:

1. Maintain F-1 student status for a minimum of one academic year and be posted at degree level. OPT is based on being posted for at least a Fall and a Spring semester. In the majority of cases, summers do not count.
2. A student who uses a year or more of full-time Curricular Practical Training is not eligible for OPT. Part-time periods of CPT do not count toward this total.
   • CPT Information Link

You cannot work legally until the following two conditions are satisfied:

1. You receive your EAD card in the mail
2. Your work date on the EAD card has begun

The entire application process, from time of submission to OIS for your OPT I-20 to receipt of the Employment Authorization Document (EAD card) will take approximately 3 months, so plan accordingly.

Understanding OPT

Optional Practical Training (OPT) gives F-1 students completing a Bachelor's or graduate degree in the U.S. an opportunity to gain employment experience in your field of study. Some important points to note:

1. You are granted one 12-month period PER DEGREE LEVEL.
   • One for Bachelor’s, one for Master’s and one for PhD.
     • For example, someone who obtains two master’s will only be given ONE period of OPT for their degrees.
2. OPT is very flexible:
   • The job can be for any company or organization anywhere in the U.S..
   • The only restrictions are:
     • Job must be within your field of study.
     • Job must be appropriate to your degree level.
       • For example, if you are a PhD in Accounting, a job as a data entry clerk would not satisfy requirements. Also, if you are studying Computer Science, a job as a fashion stylist would not work.
       • Rule of thumb for deciding: If anyone from USCIS asks how your OPT work relates to your field of study, you must be able to rationally explain it.
3. You have a 60-day grace period AFTER your EAD card expires.
   • You are able to remain in the United States for 60 days after the end date of your EAD card. During this time you may transfer to another school, change visa categories or simply remain in the U.S.. Please note, you cannot work during this time and you cannot leave and re-enter the U.S..
   • There is a cap on the number of unemployed days during your OPT, of 90 days (or 120 for STEM). If you exceed this cap, THERE IS NO GRACE PERIOD and your OPT ability to stay in the US ends on either the 91st day of unemployment for the 12-month card or 121st day while on STEM, respectively.
   • If you have been granted either a STEM extension to OPT or the H1B cap gap extension, you would be authorized to continue working after the first EAD card expires. To apply for these extensions, please go to the STEM Extension or Cap-Gap Extension for more information.
4. When can you use your OPT?
   • You can use it pre-graduation or post-graduation; however, in 99% of the cases, students decide to use their OPT after graduation. This gives them the opportunity to work a complete year anywhere in the US at a company of their choice, which looks best on a resume. Sometimes, OPT is also used as a bridge to a possible H-1B visa.
   • For employment before graduation, we recommend using Curricular Practical Training (CPT) as the best option for work experience. CPT only affects OPT if you do an aggregate total of twelve complete months full-time. Part-time periods of CPT do not count towards this total. Meet with an OIS advisor if you have questions about CPT.
     • CPT Information Link
   • Pre-graduation OPT can only be done part-time and you must maintain full-time studies. PHD candidates should consult with OIS regarding pre-graduation OPT.
5. You are only allowed a limited period of unemployment to maintain status.
• Students on the initial 12 month OPT are limited to 90 days of unemployment during their OPT. Please see next page for more details.

Employment Issues

You can work for two employers at the same time while on OPT, but it cannot exceed 40 hours.

What qualifies as OPT employment for the 12 month EAD card?
OPT employment must be in a job that is:
Related to the student’s degree major.
Appropriate to the student's degree level.
On average at least 20 hours per week.
Either paid or unpaid, see below
Eligible employment includes:
Paid employment.
Multiple employers – Students may work for more than one employer, but all employment must be related to the student’s degree program. However, you cannot work more than 1 full-time job.
Short-term multiple employers (performing artists) – Students, such as musicians and other performing artists may work for multiple short-term employers (gigs). The student should maintain a list of all gigs, the dates and duration.
Work for hire –This is also commonly referred to as 1099 employmentwhere an individual performs a service based on a contractual relationship rather than an employment relationship.
Self-employed business owner – Students on OPT may start a business and be self-employed. In this situation, the student must work full-time. The student must be able to prove that to DHS that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. OIS cannot advise you on how to start a business.
Employment through an employment agency
Unpaid employment – Students may work as volunteers or unpaid internships, where this does not violate any U.S. labor laws.

How quickly do I have to find a job?
You are limited to no more than a 90-day unemployment aggregate total for the entire 12 months of your EAD card.
The 90-day “clock” begins the day your EAD card activates and OPT authorization expires on the 91st day of unemployment.
Please note that this 90-day unemployment cap in no way is connected to the 60-day sliding window to choose your OPT start date or the 60-day grace period at the END of your 12 month OPT.
You must report OPT Employment Information or that you are Actively Seeking Employment (ASE) as soon as possible to OIS to prevent the canceling of your OPT by USCIS: 
Update my OPT employer information
At this time OIS strongly recommends students find and keep detailed records of any employment obtained, whether paid or unpaid.

• Once you reach the 90th day of aggregate total unemployment for the 12-Month OPT card, you should be departing the US, changing to another visa category or starting a new degree program. There is NO grace period once you reach the 91st day. OPT status is contingent on maintaining active OPT employment, whether paid or unpaid (see above). This 90-day “clock” begins the day the EAD card activates.
• Social Security Information
• You are able to obtain a social security number (SSN) once you receive the EAD card even if you do not have a job offer. 

Travel Issues

Until your graduation dateYou will travel as you always have as a student, even if you have filed for OPT*. The documents you travel with are:Valid passport

Valid (unexpired) F-1 visa stamp in passport

I-20 (endorsed for travel by OIS) on page 3 of the I-20 (Signature must be less than 6 months old.)

*Filing for OPT has NO effect on your ability to travel before your graduation date.

After your graduation dateYou will transition from an F-1 student status to a status of an F-1 doing OPT. This means you must present to the border officials all the documents listed ABOVE that you carried as a student as well as:

EAD Card (says “Not Valid for Re-entry” since card must be presented with ABOVE documents. Alone, it does not suffice.) [8 CFR 214.2 (f) (13) (ii)].

It is NOT recommended that you depart the United States before you receive the actual EAD card in hand to take with you for travel after your graduation date.

After Graduation Information and Responsibilities

After graduation, in order to maintain proper F-1 status, the U.S. government requires international students to update:

Any changes in your current LIVING address within 10 days of moving.

Any OPT employment. Employment updates should be reported here: Update my employer information.

Please note, updating your current living address has no connection to the EAD card mailing address. If you need to update the card mailing address, CONTACT OIS directly instead of the USCIS National Service Center. To avoid any problems, OIS strongly recommends you always file for OPT with a requested EAD card mailing address that will remain the same for at least 4-5 months.

While on OPT you are not authorized to take classes toward a new degree. A hold (STU59) will be on your USC account while you are on OPT. This hold ONLY affects your ability to register for classes. You can still obtain transcripts, etc.

You may take classes that are avocational or recreational in nature but will need to meet with an OIS advisor for authorization.

If you begin a new degree program, your OPT and EAD card expires on:           

The date of a SEVIS transfer from USC to a new school 

The start date of a new degree program at USC 

The date your transition to another visa classification is approved (e.g. J-1 or H-1B)

If you are transferring to a new school or moving to a higher degree at USC, you will need to meet with an OIS advisor regarding SEVIS procedures. Please make an appointment with OIS and be ready to submit the Transfer Form and any transfer request forms from your new school. Transfers require 6 business days for processing.

Frequently Asked Questions

• How quickly do I need to come back to OIS to pick up my OPT I-20? Can someone else pick it up for me?
• I’m not sure what address to choose to have my EAD card mailed to.
• I’m confused by the 60 day, 90 day timeframes. Can you please explain again?
• What is my visa status after I file for OPT and am waiting for the card to arrive?
• I worked for 3 full-time months under curricular practical training last summer. Do I only have 9 months left of optional practical training available to me after I graduate?
• Do I need to have a job to apply for optional practical training and can I change jobs?
• Can I work as a volunteer or in an internship during OPT?
• Why did my I-20 expire even though I am doing OPT?
• What if I end up not graduating? What are my options?
• What if I want to travel outside the United States during practical training?
• Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study? Can I work more than 40 hours a week?
• Can OIS help me with H1B and permanent residency question if I am planning to pursue these options after finishing OPT?
• Do I need to have health insurance while on OPT and do I have to pay taxes on income earned?

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• How quickly do I need to come back to OIS to pick up my OPT I-20? Can someone else pick it up for me? 
• You are able to return to OIS to pick-up your OPT I-20 within 10 business days. Please note that USCIS must receive your completed application WITHIN 30 DAYS of the generation date of the OPT I-20 (page 1 of I-20 item #10) in order to process your application. If someone is picking it up for you, please provide them with a letter or email authorization.
• I’m not sure what address to choose to have my EAD card mailed to. 
• We recommend you choose a California address that will be good for AT LEAST 4 months from the date you turn-in your OPT application. It is very difficult to change the EAD card mailing address once your application is submitted to USCIS and can cause potential obstacles to your receiving the card on-time. It does not need to be your address but can be someone else such as a family member or friend.
• I’m confused by the 60 day, 90 day timeframes. Can you please explain again?
• After your date of graduation you have a 60 day window of days where you can choose ANY day within that 60 day window to start OPT. That date will show on your EAD card as your start date (Ex. Graduate on May 12, OPT start date can be between May 12 – July 11). DURING the 12 months of OPT you cannot have more than 90 days, aggregate total, of unemployment. Please click here for more details on the 90 day unemployment rule. AFTER your EAD card expires, OPT ends, you have a 60 day “grace period” to remain in the US, transfer to another school or change to the new visa category.
• What is my visa status after I file for OPT and am waiting for the card to arrive? 
• Up until graduation, you are an F-1 student and will travel as you normally do. Filing for OPT has no affect on this. After your graduation date, you are viewed as an F-1 who will be doing or is doing OPT. There is NO GAP IN F-1 STATUS no matter how long it takes for the card to arrive. However, once graduated, you will need the EAD and an offer or employment letter for re-entering along with the normal documents you traveled with as a student.
• I worked for 3 full-time months under curricular practical training last summer. Do I only have 9 months left of optional practical training available to me after I graduate? 
• The only way that CPT affects OPT is when a student has completed a total of 12 months, full-time CPT. Part-time periods of CPT have no affect. Anything less than 12 months of full-time has no affect, as well. So if you did 3 months full-time CPT, you would still have the entire 12 months of OPT available for use.
• Do I need to have a job to apply for optional practical training and can I change jobs?
• You do not need a job offer to apply for OPT and you can change jobs at your discretion while on OPT. The EAD card is proof of your authorization to work by the U.S. government.
• Can I work as a volunteer or in an internship during OPT?
• Yes, your employment can be paid or unpaid as long as it is an average of 20 hours a week and meets the criteria of appropriate to degree focus and level earned. An internship can be paid or unpaid and could count as OPT employment. For detailed employment criteria, please go to Slide 3 in this presentation.
• Why did my I-20 expire even though I am doing OPT? 
• The purpose of the I-20 is to show the authorized time frame for a program of study. All student I-20’s “end” on their graduation date. It is the filing for and dates authorized for OPT that give a student additional status to remain in the United States.
• What if I end up not graduating? What are my options?
• If you applied for OPT but are not able to graduate please see an OIS advisor to talk about your options. It is almost impossible to cancel OPT once the application is submitted thus this may not be an option however, an OIS advisor can look at your personal situation and assist you accordingly.
• What if I want to travel outside the United States during practical training?
• The best general advice is that an F-1 student on OPT who has received the EAD card, and has to travel abroad should make sure that there is documentation from his or her employer confirming the employment or the job offer. Otherwise the student assumes a risk that he/she may not be allowed to re-enter the United States. For those students who have not received the EAD card yet, we recommend you wait to leave the U.S. until you have the card in-hand to take with you.
• Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study? Can I work more than 40 hours a week?
• You are able to work more than one job while on OPT, however, any job must be related to your major field of study and appropriate to your degree level. More than 40 hours a week, combined total, is not has not been ruled on by USCIS thus allowing overtime but it should not be viewed as more than one “full-time” job.
• Can OIS help me with H1B and permanent residency question if I am planning to pursue these options after finishing OPT?
• OIS is not legally authorized to advise USC students regarding H1B filing and procedures. Please consult with either an immigration lawyer or the company who is intending to hire you.
• Do I need to have health insurance while on OPT and do I have to pay taxes on income earned?
• Having health insurance is not required by the U.S. Government, however, it is never recommended to go without insurance since medical costs are so high in the U.S. system. You can inquire about USC Student Health insurance at uscins@usc.edu regarding how long your USC student Health Insurance can continue after graduation. Regarding taxes, you are liable to pay applicable federal, state or local taxes on any income earned in the United States. Please consult the OIS webpage regarding tax liability for further information.

Application Review

The process for filing for the 12-month Employment Authorization Document (EAD card) occurs in three steps. The entire process takes 3-4 months from beginning to end so please plan accordingly. Understand that you cannot begin legally working until two conditions are satisfied:

1.      The start date of your EAD card begins.

2.      You have the EAD physically in your hand to present to your employer as proof of legal employment authorization

Process:

1.      Your request for an OPT I-20 is submitted to OIS

2.      You return to OIS to pick-up your OPT I-20

3.      You assemble your OPT application packet to mail to USCIS

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1.      Your request for an OPT I-20 is submitted to OIS

Application Request for OPT I-20

2.      You are able to request the OPT I-20 90 days before your graduation date from USC

3.      OIS cannot expedite the processing time of 10 business days, no exceptions

4.      Choose a start/end date for OPT

o    You are eligible to choose a start date any day within the 60 day window after your graduation date. See below. Your end date would be 12 months later.

o    If you are not sure if you are graduating, wait until you have confirmation before you file for OPT. It is extremely difficult to cancel your OPT application once it is sent to USCIS for processing.

Upcoming Start and End Dates

§  Spring 2013

§  Graduation May 17

§  Start date window May 17 - July 16

§  Summer 2013

§  Graduation August 13

§  Start date window Aug. 13 - Oct. 12

§  Fall 2013

§  Graduation December 18

§  Start date window Dec. 18 - Feb. 17

§  Spring 2014

§  Graduation May 16

§  Start date window May 16 - July 15

§  Have an academic advisor from your home department sign your graduation verification section

§  Viterbi Masters’ and PhD students meet with a GAPP advisor in OHE106

5.      You return to OIS to pick-up your OPT I-20

6.      Sign and date I-20 at student signature (Item #11)

7.      Please note that your packet must be received by USCIS within 30 days of the generation date of the OPT I-20 (date at Item #10, page 1)

8.      You are able to have someone pick-up the OPT I-20 for you from OIS but must provide them with written authorization

9.      For those with F-2 dependents, OPT I-20’s will also be given to you but DO NOT need to be included with USCIS application packet

10.  You assemble your OPT application packet to mail to USCIS

11.  Items for USCIS packet are covered in the remainder of this online workshop and a checklist is provided

12.  Make copies of all documents sent and keep for your records

13.  Mail your OPT packet by certified mail to receive proof of receipt by USCIS