F1 Optional Practical Training

1
F-1 Optional Practical Training

• UVA International Studies Office

2
Basics of OPT Application

• 12 months per degree level
• Apply
• 90 days prior and 60 days following completion of
  studies - post-completion 120 days
  pre-completion
• Do not wait for job or job offer
• Submit forms from our website to ISO
• Allow 1 week for processing at ISO
• Allow 3-4 months with USCIS
• USCIS must have before end of degree requirements

3
Employment is Basis of OPT

• Unemployment no more than 90 days aggregate in
  initial 12 month period, 120 days total aggregate
  after STEM extension
• Exceeding unemployment period is violation of F-1
  status with no grace period
• Unemployment is assessed from start of employment
  authorization

4
Forms to Submit to ISO

• I-765 from ISO F-1 OPT website
• I-20 Request Form from ISO F-1 OPT website
• F-1 OPT Advisor Recommendation from ISO F-1 OPT
  website

5
Submission to USCIS

• I-765
• New I-20 for OPT as original (signed)
• I-20 May be shortened in date no on-grounds
  employment thereafter
• Copies of all current and past I-20s
• Proof of other continuous status
• Copy of passport, visa, and I-94 previous EAD
• 2 passport photos
• Check for 340

6
Application Site Mailing

• http//www.virginia.edu/iso/issp/F1/F1Employment.h
  tml
• Mail to USCIS Vermont Service Center if applying
  from Virginia
• 75 Lower Weldon Street
• St. Albans, VT 05479-0001

7
When Can I Work?

• Approved OPT will result in Employment
  Authorization Document (EAD)
• EAD usually coincides with dates requested and
  approved by ISO
• Do not work until EAD in hand and start date
  reached.

8
Where Can I Work?

• Any employer in U.S. if related to major field of
  study
• As many employers as you wish within approved
  period if all related to major field of study

9
Darden Particulars

• Student Affairs can sign Advisor Recommendation
• Student Affairs can be used as mailing address on
  I-765

10
Travel Under F-1 OPT

• If OPT not approved
• Valid F-1 visa, passport, signed OPT I-20 for
  travel.
• If OPT approved
• Valid F-1 visa, passport, signed OPT I-20 for
  travel, EAD, job offer.
• ALL travel, esp. under OPT, carries risk!

11
H1-B Cap-Gap

• Applies to all students on OPT
• Duration of status and work authorization will be
  extended after an OPT employment authorization
  card expires through September 30 IF
• The former student is the beneficiary of a timely
  filed cap-based H-1B petition and request for
  change of status requesting an employment start
  date of October 1 AND
• That petition is either pending or approved
• If during this period the H-1B petition is
  rejected, revoked, withdrawn or denied the former
  student must cease employment immediately and
  enters the 60-day grace period.

12
STEM 17-month Extension

• ONLY POSSIBLE IF THE EMPLOYER IS REGISTERED WITH
  E-VERIFY
• 12-month limit on F-1 (OPT) will be extended by
  17 months, for a total of 29 months, for certain
  STEM degree holders (Science, Technology,
  Engineering, Mathematics)
• Students who timely file an application for the
  17-month OPT extension will be able to continue
  employment while the extension application is
  pending, until a final decision on the I-765 or
  for 180 days, whichever comes first.

13
STEM Fields for Extension

• Degree must be in one of the following fields
• Actuarial Science. CIP Code 52.1304.
• Computer Science Applications
• CIP Codes 11.xxxx (except Data Entry/Microcomputer
  Applications, which are CIP Codes 11.06xx)
• Engineering. CIP Codes 14.xxxx.
• Engineering Technologies. CIP Codes 15.xxxx.
• Biological and Biomedical Sciences. CIP Codes
  26.xxxx.
• Mathematics and Statistics. CIP Codes 27.xxxx.
• Military Technologies. CIP Codes 29.xxxx.
• Physical Sciences. CIP Codes 40.xxxx.
• Science Technologies. CIP Codes 41.xxxx.
• Medical Scientist (MS, PhD). CIP Code 51.1401
• http//nces.ed.gov/pubs2002/cip2000/

14
STEM Extension Reporting Requirements

• All students on OPT are required to report to the
  DSO within ten days of any change
• legal name
• residential address
• employer name
• employer address, and/or
• Loss or interruption of employment.
• Additional Requirements for 17-Month Extension
• In addition, students with an approved 17-month
  OPT extension must report to the DSO within 10
  days of every six months in order to do the
  following
• Confirm current home address
• Confirm employer name and location
• Please note that this requirement is in addition
  to the above requirements for all students on
  OPT.
• Their employer must also agree to report the
  termination or departure of the student to the
  DSO or through "any other means or process
  identified by DHS." An employer must consider a
  worker to have departed when the employer knows
  the student has left employment, or if the
  student has not reported for work for a period of
  five consecutive business days without the
  employer's consent.

15
Reporting Requirements

• Address
• Name and address of employer with start date
• Periods of unemployment
• All reported by email to ISO within 10 days of
  event

16
I-765
(c) (3) (A) Pre-completion OPT (c) (3) (B)
Post-Completion OPT (c) (3) (C) - STEM 17-month
extension
17
ISO Contact Information

• www.virginia.edu/iso/issp
• Richard Tanson 982-3017
• tanson_at_virginia.edu 10-12 2-4 Monday -
  Thursday
• Carolyn Laquatra 982-3042
• cl4a_at_virginia.edu