Practical Training: Work that directly relates to your major

1

• Practical Training Work that directly relates to
  your major
• There are two types
• Curricular practical training (CPT)
• Optional practical training (OPT), which consists
  of 3 kinds
• -Pre-completion OPT
• Standard post-completion OPT
• STEM extension OPT

2
CPT Work that is part of your curriculum!

• The Basics
• You must get approval from your academic advisor
  saying that this job is part of your program of
  study!
• You must continue to maintain a full course of
  study in F-1 status during the period of
  employment, but exceptions may exist for some CPT.

3
Preconditions

• Student must have been lawfully enrolled on a
  full-time basis at a DHS-approved school for one
  full academic year before being eligible for CPT.
  Exception exists for graduate students whose
  programs require immediate curricular training.

4
Location

• Students may engage in CPT only for the specific
  employer, location and period approved and
  recorded by the DSO in SEVIS.

5
Duration

• Depends on the specific period granted by the
  DSO. May be granted in increments of no more than
  one year, or until expected date of employment
  completion, whichever is shorter. No cumulative
  maximum, except that it can only be approved
  before completion of the academic objective.

6
Hours per Week

• Can be full or part time

7
Field/level of work

• Must be an integral part of an established
  curriculum, in the student's course of study.

8
Offer of employment

• Must have an offer of employment from an
  employer offering work that qualifies as
  curricular practical training.

9
Effect on other work

• Use of full-time CPT for one year or more
  eliminates eligibility for Optional Practical
  Training. Use of part-time CPT does not affect
  eligibility for Optional Practical Training.

10
Approval process

• Must receive written authorization from DSO,
  who records authorization in SEVIS and issues
  SEVIS I-20 with notation, before work begins.
  USCIS approval is not required.

11
CPT Limitations

• There is no regulatory limit on either the number
  of times or the length of time a student may
  engage in either part- or full-time curricular
  practical training.
• BUT REMEMBER
• F-1 students who engage in an aggregate of 12
  months or more of full-time curricular practical
  training, however, become ineligible for optional
  practical training (OPT).

12
OPT temporary employment for practical training
directly related to the student's major area of
study

• The Basics
• -Application requires approval from USCIS
• -Work must relate directly to major

13
Preconditions

• Student must have been lawfully enrolled on a
  full-time basis for one full academic year before
  being eligible for OPT. Available both before and
  after completion of the educational objective,
  but different rules apply to pre- and post-
  completion OPT.

14
When to apply

• Students can apply NO SOONER than 90 days in
  advance
• Students can apply NO LATER than the last day of
  their grace period. The grace period is the 60
  days after the program end date on the I-20.
• Students must complete their I-765 application
  within 30 days of the recommendation in SEVIS or
  the recommendation is nullified.

15
Location

• Students may engage in OPT at any job that
  relates to their major for the duration of OPT
  authorization.
• Students can change jobs, but they must notify
  the DSO if they do change jobs.
• STEM students must work for an E-Verify employer
  during their 17 month OPT extension.

16
Hours per week

• 20 hours/week limit for pre-completion OPT done
  while school is in session and student still has
  coursework to complete.
• Full-time employment can be requested for
  pre-completion OPT done during official school
  breaks, and for students who have completed all
  requirements for their degree except for thesis
  or dissertation.
• For post-completion OPT, a student must be
  employed for at least 20 hours per week.

17
Offer of employment

• No offer of employment is required to apply for
  standard OPT, but the student is expected to work
  during the OPT EAD validity period.
• Students on post-completion OPT are limited to a
  maximum of 90 days of unemployment.
• To apply for a 17-month STEM extension, student
  must have an offer of employment from an employer
  registered with E-Verify.

18
Approval Process

• DSO recommends OPT in SEVIS.
• Student files I-765 application for EAD with
  USCIS.
• Work can begin only after receiving EAD issued by
  USCIS, and on or after the start date on the EAD.
  Special rules govern applications for the
  17-month STEM OPT extension.

19
Duration

• Standard OPT (including both pre-completion OPT
  and standard post-completion OPT) can be
  authorized for a maximum aggregate period of 12
  months per educational level. A student "becomes
  eligible for another 12 months of practical
  training when he or she changes to a higher
  educational level."

20
.Duration

• For standard post-completion OPT, the
  requested employment start date may not be more
  than 61 days after the student's program end
  date, and all standard post-completion OPT must
  be completed within the 14-month period following
  the completion of study.

21
An application for OPT consists of four steps

• 1) The student makes a request for OPT to the DSO
  by completed the request for OPT form and the
  academic adviser form
• 2) After determining eligibility, the DSO submits
  an OPT recommendation in SEVIS
• 3) the DSO prepares a Form I-20 with the OPT
  recommendation and requisite signatures and
• 4) the student files a Form I-765 (with fee) and
  the Form I-20 with a USCIS Service Center. These
  steps must be taken within the deadlines
  established by the regulations. If an I-765 is
  submitted before or after the window allowed for
  that type of OPT, the I-765 may be denied and the
  fee not returned.

22
What goes into the application?

• Form I-765 , current version, completed and
  signed by the student, marked with the
  appropriate code at item 16
• (c)(3)(A) for pre-completion OPT
• (c)(3)(B) for standard post-completion OPT
• I-765 filing fee 340 check, made out to USCIS
• 2 immigration-style photos like a passport
  photo write your name and social security number
  in pencil on the back of each
• Form I-20 printed with the OPT endorsement,
  signed by the DSO and student on page 1 and
  signed and dated by the DSO on page 3. The DSO's
  signature on page 3 has to be dated within 30
  days of USCIS's receipt of the OPT application.
• Copies of all prior Forms I-20, especially those
  on which CPT or OPT was granted previously, so
  that all prior periods of CPT and OPT, and
  whether they were for full-time or part-time
  training, can be reviewed by USCIS.
• Copy of both sides of the student's I-94
• Copy of the ID pages from the student's passport,
  and, for applications for renewal of work
  authorization, a photocopy of the
  previously-issued EAD
• Within 30 days of the DSO filing for OPT in
  SEVIS, send the certified package to
• Texas USCIS Service Center
• P.O. Box 851041
• Mesquite, TX
• 75185-1041

23
How do I find the I-765

• Go to www.uscis.gov
• Click on immigration forms at the top of the
  page.
• Do a search and find for I-765
• Click on the directions and application.

24
Unemployment

• No more than 90 days of unemployment is allowed.
• Keep records of employment. You may someday have
  to prove that you were employed while on OPT.

25
Exceptions to unemployment rule

• There is a 10-day exception to the counting of
  days while someone is between jobs, stating that
  "periods of up to 10 days between the end of one
  job and the beginning of the next job will not be
  included in the calculation for time spent
  unemployed.

26
What constitutes employment under OPT?
27
What constitutes employment?

• Regular paid employment for at least 20 hours per
  week in a position directly related to the
  student's program of study. Students may work for
  multiple employers, as long as it is directly
  related to the student's program of study.

28
What constitutes employment?

• 2. Payment by multiple short-term multiple
  employers. SEVP says that "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. If requested by DHS, students
  must be prepared to provide evidence showing a
  list of all gigs."

29
What constitutes employment?

• 3. Work for hire. SEVP says, "This is also
  commonly referred to as 1099 employment where an
  individual performs a service based on a
  contractual relationship rather than an
  employment relationship. If requested by DHS,
  students must be prepared to provide evidence
  showing the duration of the contract periods and
  the name and address of the contracting company."

30
What constitutes employment?

• 4. Self-employed business owner. SEVP says,
  "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 he or she has the proper business
  licenses and is actively engaged in a business
  related to the student's degree program."

31
What constitutes employment?

• 5. Employment through an agency. SEVP says,
  "Students on post-completion OPT must be able to
  provide evidence showing they worked an average
  of at least 20 hours per week while employed by
  the agency."

32
What constitutes employment?

• 6. Volunteers or unpaid interns. SEVP says,
  "Students may work as volunteers or unpaid
  interns, where this does not violate any labor
  laws. The work must be at least 20 hours per week
  for students on post-completion OPT. These
  students must be able to provide evidence from
  the employer that the student worked at least 20
  hours per week during the period of employment."
  Note that a volunteer position or unpaid
  internship would be a valid option for someone
  who otherwise might not meet the minimum
  employment requirement.
• For the 17-month STEM extension, however,
  employment must be paid employment, and although
  volunteering or unpaid activity is permitted, it
  will not be counted towards the employment
  requirement as it is for standard post-completion
  OPT

33
Travel and reentry while engaging in OPT
34
Travel Pre-completion OPT

• An F-1 student engaged in pre-completion OPT
  follows the same procedure for visits abroad and
  re-entry as all F-1 students

35
Travel Post-Completion OPT

• An F-1 student who is engaged in post-completion
  OPT who travels outside the United States
  temporarily (i.e., less than 5 months) can be
  readmitted to resume employment for the remainder
  of the period authorized on his or her EAD card,
  provided
• The student presents a Form I-20 endorsed by the
  DSO within the preceding 6 months
• The student presents an unexpired EAD, and
• The student is returning to resume employment.
• Students approved for post-completion OPT
  continue to be in F-1 status. They are therefore
  subject not only to the requirements that they
  have an I-20 endorsed for travel and an EAD, but
  to the requirement that they have a valid F-1
  visa to re-enter the United States, unless they
  are exempt from the visa requirement.

36
Travel Before you have a job

• If your OPT has been approved and you depart
  before you get a job, your OPT ends and you
  cannot reenter unless you have a written job
  offer.
• If you have a job, you may travel and reenter to
  resume work at the same job or you have a written
  offer for another job.

37

• SEVIS Reporting Requirement
• Students participating in OPT are required to
  report the following to a Designate School
  Official (DSO)
• Physical address
• Employer
• Employers address
• Start and end dates of employment
• Brief description of how employment directly
  relates to major field of study

38
Next steps

• Plan early make an appointment
• Must apply before the last day of classes
• Follow instructions on handouts and come prepared
  
• Cost 340 (subject to changes by US-CIS)
• Keep me notified of your expected date of
  graduation