Breaking News



Tuesday, September 3, 2013

Optional Practical Training (OPT) For F-1 Students

OPTIONAL PRACTICAL TRAINING (OPT) FOR F-1 STUDENTS


OPT is temporary employment authorization allowing F-1 students the opportunity to gain practical experience in their field of study. OPT is most often awarded upon completion of an academic degree, for a 12-month period. However, you may request pre-completion OPT under certain circumstances.
Eligibility
Process
Pointers
OPT Application Types

ELIGIBILITY

Before proceeding with the OPT application process, please ensure that you meet the eligibility criteria listed below:
  • Be in lawful full-time F-1 status for full academic year
  • Be in good academic standing with the university
  • Have a valid passport
  • Have not had more than 12-months of full-time CPT
  • Be physically present in the U.S., in F-1 status at the time of application 

PROCESS

Regardless of the type of OPT application, the general process is the same:
  1. Gather the appropriate materials and bring all documents to the IO* during walk-in hours for review. 
  2. Pick up the new I-20’s from the IO* showing the OPT recommendation on the third page.
  3. Mail entire application to USCIS. 
  4. USCIS sends Receipt Notice within 2-4 weeks of filing application
  5. Wait to receive EAD card in the mail. Work cannot begin until you have the EAD and not until the start date listed on the card.
*If you are not in the Evanston/Chicago area you may coordinate the application with your International Student Advisor via email and have the I-20's sent to you using the Document Mailing Request

POINTERS

  • You can apply for a total of 12-months of OPT per academic level obtained (e.g. bachelor’s, master’s, and PhD).
  • Only access the I-765 form directly from the Forms section of the USCIS website! This is the only way to ensure that you are using the most recent version of the form.
  • An offer of employment is not required to submit the application for OPT.
  • All work while on OPT must be related to the field of study listed on your I-20.
  • You CANNOT begin employment until receipt of the EAD card, and you are permitted to work ONLY during the period specified on the card.

OPT APPLICATION TYPES

  • Post-Completion OPT
    • The most common type of OPT; used after your I-20 and degree are finished.
  • Pre-Completion OPT
    • Used before the end date listed on your I-20, usually during the summer vacation and only if CPT is not an option.
  • 17-Month STEM Extension OPT
    • Extension of the post-completion OPT period for students in Science, Technology, Engineering, and Mathematics

POST-COMPLETION OPT

Post-Completion OPT is the most common type of OPT application. It is used after the completion of your degree and I-20. Any pre-completion OPT is deducted from the 12-months of post-completion OPT. OPT is granted for full-time employment regardless of part- or full-time employment.
You may apply for one 12-month period of OPT at the completion of each academic level obtained (e.g. 12-months of OPT at the undergraduate level, masters, and PhD). Any student who applied and was approved for OPT at one academic level may not apply for a second period of OPT at the same level.
Once USCIS has approved your OPT, you will receive a card, called an EAD (Employment Authorization Document), that lists the dates of the OPT period and shows your picture. While on OPT, you may not pursue a new course of study, unless you are a PhD student and are in the 'all but dissertation' stage (see below for details).
Eligibility
Process
Application Timeline
Maintaining Status & OPT Reporting Requirements
Employment Requirements
Travel
PhD Students – Special Issues
Cap-Gap for H-1B
F-2 Dependents
Useful Links & Forms
Pointers

ELIGIBILITY

Before proceeding with the OPT application process, please ensure that you meet the eligibility criteria listed below:
  • Be in lawful full-time F-1 status for full academic year
  • Be in good academic standing with the university
  • Have a valid passport
  • Have not had more than 12-months of full-time CPT
  • Have not previously had 12 months of post-completion OPT for the same level of degree.
  • Must be physically present in the U.S., in F-1 status, to apply to USCIS

PROCESS

  1. We strongly recommend that you attend an OPT workshop - see our website for the schedule.
  2. Refer to the OPT Timeline section below to determine when you should plan to submit your application to the IO, and then to USCIS.
  3. Complete the top section of the OPT Academic Advisor Form, print it, and bring it to your meeting with your Academic Advisor or Dean for approval. NOTE: Post-completion OPT is given for one full year (for example 06/09/2012 through 06/08/2013)
  4. Gather your OPT application materials. Refer to the OPT Instructions & Checklist to see a complete list of application materials. See the USCIS website for the most up-to-date version of Form I-765. See HERE for a sample I-765.  We strongly recommend that you use the International Office address if you will be traveling, moving or live at a non-IL address at the time of your application or while your OPT application is pending.
  5. Visit the IO during walk-in hours to submit your complete OPT application for review. After reviewing the application, your advisor will return the OPT application materials, and keep only the OPT Academic Advisor Form.
  6. Pick-up your new I-20 with the OPT recommendation from the IO. You will receive a packet containing two I-20’s, one to keep and one to send to USCIS with your OPT application.
  7. Sign page 1 of each I-20. Keep one I-20 and add the other I-20 to your OPT application materials.
  8. Make a photocopy of your ENTIRE OPT application.
  9. Mail your application to USCIS. You must mail the OPT application within 30 days of when the International Student Advisor initiated your request for OPT in SEVIS. 
  10. You will receive a receipt notice in the mail (at the address listed on the I-765 form) 2-4 weeks after filing the application. If you used the IO address, you will receive an email from the IO front desk.  You can track the progress of your application on the USCIS website. Please note that USCIS does not regularly update the steps and most students see their status as 'initial review' until it jumps to 'card production'
  11. Wait to receive EAD card in the mail. You cannot begin working until you receive the EAD card and the start date on it has passed.

APPLICATION TIMELINE

  • You can apply for post-completion OPT no more than 90 days before the end date on your I-20, or as late as 60 days after the end date (so long as you do not leave the U.S. during these 60-days, and are in F-1 status, in the U.S. at the time of application).
    • The end date is determined by the final quarter that you will be enrolled at Northwestern
    • The end date is the last official day of the quarter, not the last day of classes or the date of a graduation ceremony
    • If your I-20 will end after your final quarter of enrollment, we will automatically shorten the end date to reflect that change
  • You must send your OPT application to USCIS within 30 days from the date that your IO advisor signed the front page of the I-20
    • Completed applications may take 3-5 business days to process at the IO.
  • USCIS must receive your OPT application by the 60th day  after the end of the I-20.
  • USCIS may take up to 3-4 months to process your OPT application. If you apply late, you may not receive the full 12 months of OPT, and your ability to begin working will be delayed.

Choosing your OPT start and end dates:
If your final quarter of registration is...And your I-20 currently expires on , or will expire on...You can choose an OPT start date as early as...Or you can choose an OPT start date as late as...
Winter 201303/22/201303/23/201305/21/2013
Spring 20136/14/201306/15/201308/13/2013
Law (LLM/JD) Spring 20135/09/20135/10/20137/8/2013
Feinberg 201305/23/201305/24/201307/23/2013
Summer 20138/30/138/31/1310/29/13
Fall 201312/13/1312/14/132/11/14

MAINTAINING STATUS & OPT REPORTING REQUIREMENTS

While you are on post-completion OPT, your status is still F-1, and it is still your responsibility to maintain that status. This involves the following:
  • You cannot begin working until you receive the EAD card and the start date on it has passed.
  • You may not work beyond the end date on your EAD card.
  • You must work in a job that meets the job requirements listed in the section below.
  • You cannot accumulate more than 90 days of unemployment
    • The 90 days begins with the start date on the EAD card
    • If you reach 90 days, you are expected to leave the U.S. immediately, and report that via the survey.
  • Ensure that you have the documents you need to travel – see below for details
  • Complete the reporting requirements as explained below

Reporting Requirements

You must fulfill OPT reporting requirements using the Post-Completion OPT Reporting Survey on the first day of your OPT and within 10 days of any of the following changes:
  • Employment and unemployment (starting a new job, stopping a job, etc)
  • Residential address,
  • Name,
  • Immigration Status,
  • or if you leave the U.S. permanently 

EMPLOYMENT REQUIREMENTS

  • Directly related to the field of study listed on the I-20
  • Must be at least 20 hours per week
  • May be paid or unpaid. If you will not be paid, we recommend that you obtain a letter detailing your work and dates of volunteering for proof of having maintained F-1 status.
  • May be for multiple employers (all employment must be related to your degree)
  • May be short-term multiple employers (primarily for performing artists having “gigs”
  • May be work-for-hire (contract work where you are performing a service which may not constitute formal career employment)
  • May be self-employed business owner
  • May be through an agency
  • Note: In all cases, you must be able to provide some form of proof of your employment including dates, duration, names of employer/contract, companies/agencies that can verify the job you did. If you are self-employed, you must be able to show proof of proper business licenses (if necessary) and active engagement.

TRAVEL

  • Remember that your status is still F-1
  • In order to re-enter the U.S. you must have:
    • Valid EAD card. Note: all EAD cards say 'not valid for reentry to the US.' This means that the card alone does not guarantee your reentry but rather you must have (I20, passport and visa stamp - see below)
    • I-20 showing OPT with travel signature no more than 6 months old
    • Valid F-1 visa stamp, unless you will be able to use Automatic Visa Revalidation
    • Current passport, valid at least six-months after the date of last entry
  • If you are, or will be employed, we recommend that you carry your offer letter. 
Travel between graduation and OPT approval:
Many students wish to travel home after you have graduated by before your OPT has been approved by USCIS. If this is your plan, keep in mind that you cannot re-enter the U.S. until you have the OPT EAD card in your hand. If you will leave the U.S. while your OPT is pending, please remember that the OPT approval from USCIS can take 3-4 months, so plan your travel arrangements and job search accordingly.
NOTE: If you do not apply for OPT, but travel outside of the U.S. after the end-date listed on your OPT (during the 60-day grace-period), you will have negated your eligibility to apply. OPT regulations require that you be physically in the U.S. and in F-1 status at the time of application. 

PHD STUDENTS – SPECIAL ISSUES

Graduate students who have only thesis and no regular classes remaining may apply for OPT before finishing their thesis. However, you should plan to complete and defend your thesis within the 12 months of OPT. If this is the case, you should ensure that your employer knows that you are still working towards finishing your thesis, and might need to travel back to campus.

CAP-GAP FOR H-1B

"Cap-Gap" refers to the period of time between the official end-date listed on the EAD card and the official start date of an H-1B. The most common situation occurs when your OPT ends in the spring or early summer, and your F-1 status expires 60-days after that, leaving a gap of several months before your H-1B status begins on October 1. Cap-Gap cannot be used if you will be in H-1B status in a non-profit or research educational institution.
The cap gap extension is the period in which an eligible F-1 student's status is automatically extended to bridge the gap in employment between the end of F-1 status (OPT end-date) and start of H-1B status. The student must not have violated the terms or conditions of his or her F-1 status.
To qualify for the "H-1B cap-gap extension" you must be in valid F-1 status, and you must be the beneficiary of an H-1B petition that meets all of the following:
  • Has been timely filed.
  • Requests an employment start date of October 1 of the following fiscal year
  • Requests a change of status

Travel while on the Cap-Gap

As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But an F-1 student who has completed studies and OPT and who travels abroad during the cap gap cannot be readmitted to the United States in F-1 status.
For more information, please contact your International Student Advisor.

F-2 DEPENDENTS

Dependents of F-1 students in F-2 status will continue to be in F-2 status while you are using OPT. As long as you maintain your F-1 status, your F-2 dependent will continue to be in status. After you apply to the IO for OPT, you will receive a new I-20 for your dependent(s) verifying that you will be on OPT.

USEFUL LINKS AND FORMS

OPT Academic Advisor Form
USCIS
Sample I-765
Post-Completion OPT Reporting Survey
General Travel Information
Tracking your OPT application while it is pending at USCIS

FAQ'S AND POINTERS ABOUT POST-COMPLETION OPT

  • You may not pursue a new "course of study" while on OPT
  • Once you send your OPT application materials to USCIS, you cannot change the requested dates.
  • If you transfer to another university, your OPT work authorization will end on the day your SEVIS record is transferred.
  • Post-completion OPT is awarded on a full-time basis only
  • You will have a 60 day grace period from the date your OPT expires to leave the U.S., apply for a change of status, or transfer your I-20 to another school.
  • When getting the required pictures for the USCIS application, pictures must be 2-inch squares with a white background, and taken no more than 6 months ago. This picture will be printed on your EAD card.
  • Once your OPT has been approved, you cannot cancel your application and you will not be eligible to apply for OPT for the same educational level in the future.

PRE-COMPLETION OPT

Pre-completion OPT is OPT used before graduation/I-20 expiration; most often during the summer vacation. Pre-completion OPT is rarely used and we strongly encourage students to look into Curricular Practical Training as an option.

ELIGIBILITY

In order to be eligible for pre-completion OPT, you must meet the following criteria:
  • You have been lawfully enrolled as a full-time student at least one full academic year (3 quarters, or 2 semesters)
  • You are currently in F-1 status.

PROCESS

You must meet with an IO advisor before beginning the pre-completion OPT application process.

POINTERS

  • Students on pre-completion OPT can only work part-time during school sessions. You can work full-time during official school vacation, such as summer.
  • Any time used on pre-completion OPT will be subtracted from the 12 months of post-completion OPT
  • You must still wait to receive the EAD before you can begin work. USCIS processing times are 3-4 months.

STEM OPT

The STEM (Science, Technology, Engineering, and Mathematics) OPT extension allows students in certain degree programs to extend the initial 12 month OPT period. If approved, STEM would extend the OPT period by 17 months, to a total of 29 months on post-completion OPT. It is recommended that you utilize the STEM Extension before changing to H-1B status. However, please consult your employer first. Some employers may prefer you to change to H-1B status.
Benefits of STEM
  • Changing employers is easily possible. This is more difficult if on an H-1B.
  • Maximizes your employment authorization time in the U.S.
  • Application is less expensive. $380 fee vs $$$$ for an H-1B.
  • No cap on STEM extensions.
Eligibility
Process
Application Materials Checklist
Travel
Reporting Requirements
Maintaining Status & Additional Requirements
After STEM

ELIGIBILITY

  • You must have earned a degree in a field included on the STEM Designated Degree Program List (check with your IO advisor)
  • You must currently be on a period of post-completion OPT based on a STEM degree
  • You must have a valid EAD card
  • You must be working for an employer that is enrolled in the Department of Homeland Security’s E-Verify program. You may find out if your employer is in the E-Verify system on the USCIS website here or ask your Human Resources Office (HR)

PROCESS

  1. Before proceeding, contact your IO advisor to ensure that your degree program is eligible for STEM.
  2. You must report any/all employment during your 12 month period via the OPT Reporting Survey BEFORE applying for the STEM extension.
  3. You should plan for USCIS to receive your STEM extension by the end of the first 12 months of OPT. If you are not in the Chicago area, then please coordinate your STEM application with your IO advisor via email.
  4. Gather your OPT application materials. Refer to the checklist below to see a complete list of application materials.
  5. Bring in or send your application documents to your IO advisor in a manner agreed on by your advisor
  6. Pick-up your new I-20 with the OPT recommendation from the IO. You will receive a packet containing two I-20's, one to keep and one to send to USCIS with your OPT application.
  7. If you are not in the Chicago area, send a scanned copy of the Document Mailing Request Form, so that we can send the new I-20 to you.
  8. Sign page 1 of each I-20. Keep one I-20 and add the other I-20 to your OPT application materials.
  9. Make a photocopy of your ENTIRE OPT application.
  10. Mail your application to USCIS. See the I-765 page here. Please view the I-765 instructions and send your application to either the Phoenix or Dallas USCIS office, depending on your current U.S. state of residence.
  11. You will receive a receipt notice in the mail 2-3 weeks after filing the application. You may track the progress of your application on the USCIS website. Please note that USCIS does not regularly update the steps and most students see their status as 'initial review' until it jumps to 'card production'
  12. Once approved, you will receive a new EAD card that covers the extension of work authorization.

APPLICATION MATERIALS CHECKLIST


Materials to be reviewed by the IOMaterials to be submitted to USCIS
Employment verification letter – the IO will retain a copy
Employment verification letter (detailed below) – send the original
Completed form I-765 (for sample click here)Completed form I-765 (for sample click here)
Check or Money Order made payable to U.S. Department of Homeland Security (check USCIS for current fee)Check or Money Order made payable to U.S. Department of Homeland Security (check USCIS for current fee)
Copy of current EAD Card (front and back)Copy of current EAD Card (front and back)
Copy of I-20 issued for first period (12 months or less) of Optional Practical TrainingCopy of I-20 issued for first period (12 months or less) of Optional Practical Training
Copy of I-94 Card (front and back)Copy of I-94 Card (front and back)
Copy of Passport Bio PageCopy of Passport Bio Page
Copy of F-1 visa stampCopy of F-1 visa stamp
Two identical passport style (2" x 2") color photographs taken within the last 30 daysTwo identical passport style (2" x 2") color photographs taken within the last 30 days
Copy of transcript or diploma reflecting conferred degree/major.
Registrar's Office
Copy of transcript or diploma reflecting conferred degree/major
Registrar's Office
Employer Verification of Compliance formExtension OPT Recommended I-20 signed by International Advisor (will receive after review of all documents)
Optional Practical Training 17 Month STEM Extension form


TRAVEL

  • Remember that your status is still F-1
  • In order to re-enter the U.S. you must have: Valid EAD card, I-20 with travel signature (no more than 6 months old) with current employer information listed on 3rd page of I-20. Note: if you do not have this document, complete OPT Reporting Survey and email IO Advisor with completed Document Mailing Request to receive most up-to-date I-20.
  • Valid F-1 visa stamp, unless you will be able to use Automatic Visa Revalidation. It is possible to renew the F1 visa stamp during STEM OPT.
  • Current passport, valid at least six-months after the date of last entry
  • We also strongly recommend that you have a job offer letter from a current or future employer.Days abroad do not count towards unemployment if time is excused by company or travel for business.

REPORTING REQUIREMENTS

Reporting requirements are very strict during the 17-month OPT extension. Failure to meet these reporting requirements will result in the termination of your F-1 status and EAD card.
You must report your change of residential address, legal name, employer name, employer address, and/or loss of employment to the International Office within 10 days of the change by submitting the Post Completion OPT Reporting Survey.
You are required to submit the above survey, every 6 months, even if there has been no change.

MAINTAINING STATUS & ADDITIONAL CONSIDERATIONS

While you are on STEM OPT, your status is F1 and it is your responsibility to maintain this status.
Change in employer is possible as long as the new employer is enrolled in E-Verify and you report this change via the OPT Reporting Survey within 10 days of the change.
Multiple employers, contract work or work through an employment agency are all permitted so long as the employers are enrolled in E-Verify.
Self-employment is permitted as long as your business is enrolled in E-Verify, you have the proper required business licenses, and your business is related to your degree program.
Employment must be paid and must be at least 20 hours per week.
Employment authorization is automatically extended while a timely-filed 17-month extension application is pending. While the application is pending, international travel is not recommended since you will not have a valid EAD card in your possession.
Students approved for the 17-month OPT extension may not accrue more than 120 days of unemployment during the total 29-month period of OPT. Employment during the 17-month extended period must be paid and must be related to the field of study in order to qualify. Self-employment and volunteer positions will not qualify as valid employment for OPT purposes during the special 17-month OPT extension.
The special 17-month extension of OPT is only available to each student one time. A student who is approved for a 17-month OPT extension can never apply for it again. Example: If you use your STEM extension after your MS degree, but then complete a PhD, you would only be eligible for post-completion OPT, even if your PhD is in a STEM eligible field. However, you would be eligible for regular post-completion OPT (12 months)

AFTER STEM

You will have a 60 day grace period after your STEM Extension during which you may prepare for your departure or change to another status.
You may be eligible for the Cap-Gap if you are changing to an H-1B visa with an October 1st start date.

No comments:

Post a Comment

Post Top Ad

Your Ad Spot