Optional Practical Training

1
Optional Practical Training

• OPT for F-1 Students

2
Definition of Optional Practical Training

• Optional Practical Training (OPT), allows F-1
  students to gain a maximum of 12 months of
  practical experience directly related to their
  field of study per degree level. It is
  considered off-campus employment.

3
Eligibility Requirements For Optional Practical
Training

• Students may engage in OPT after being enrolled
  consistently for at least one full academic year.
  For example students who start in the Fall term
  are eligible for OPT at the end of the Spring
  term.
• Students do not need to secure employment before
  applying for OPT.

4
When Can I Use Optional Practical Training?

• Pre-completion OPT
• While school is in session, provided that
  practical training does not exceed 20 hours a
  week while school is in session. Students may
  only work up to a total of 20 hours per week at
  any employment both on and off campus during the
  semester.
• During school vacations up to full time.
• After completion of all course requirements for
  the degree excluding thesis or research project
  for a graduate student in a masters, or doctoral
  degree program.
• Post-completion OPT
• After completion of the course of study.

5
A total of 12 months is available for OPT per
degree level.

• Students who do Pre-completion OPT will have that
  time deducted from the 12 months available.
• For example if you apply for and receive three
  months of full time OPT during a summer session,
  you will only have nine months of post completion
  OPT available.
• Part-time OPT is always deducted from the
  available OPT at 50 of the full-time rate.
• For example, a student who works for 6 months
  part-time will have 3 months deducted from the 12
  month total OPT time (this option is not
  available for Post-completion OPT).

6
Time Limits of OPT

• Your OPT ends if you transfer to another school
  or if you enroll in a new degree program.
• The 12 months of OPT are only available until 14
  months after the date of completion of a
  particular degree level.
• You can only do 12 months of OPT at each degree
  level. However you may split the 12 months
  between two degrees at the same level. However,
  if you request 12 months after the first degree
  and do not use it all, you cannot reapply for the
  remaining time after the second.

7
When applying for OPT,timing is everything!

• Student may apply prior to end date (Item 5 on
  I-20) or in the sixty day time period after
  completion of degree.
• Per UMass Dartmouth procedure Post completion OPT
  requests will only be processed by the ISSC
  within thirty days of the date of the program
  completion
• Applications should be sent ninety days before
  requested start date.
• Requested start dates can be no later than two
  months after end date of completion of the
  academic program.
• Pre and Post completion OPT requests have
  identical processing times but separate codes on
  the application
• Pre completion is scheduled to start and end
  prior to the end date of degree program on I-20.
• Post completion is scheduled to start and end
  after end date of degree program on I-20.

8
Application Deadline For OPT Post Completion Of
Studies

• We strongly recommend that you start the
  application process for post completion OPT 90
  days before you hope to start your employment.
  Pre completion OPT applications can be submitted
  120 days (or 90 days before the end of the one
  academic year requirement) before the start date
  The regulations mandate that a request must
  received and receipted by USCIS before the sixty
  days grace period ends.
• USCIS can take up to 90 day or more to process
  OPT and there is no way to expedite it.
• Temporary EAD cards are not available even if
  your application takes more than 30 days.

9
OPT Application Checklist

• Completed OPT Request and Recommendation form The
  request for post-completion OPT will not be
  processed by the ISSC until a student is within
  thirty days of date of completion of degree or
  within the sixty days after the degree
  completion.
•  
• Check or money order made payable to the US
  Department of Homeland Security. Be sure to
  verify the amount at prior to filing. The fee is
  subject to change. As of April 2008 it was
  340.00. Be sure that your name and I-94 number
  are written on the check.
•  

10
OPT Application Checklist continued

• A completed I-765. When completing the I-765 be
  sure to use a mailing address which will still be
  valid in a few months. You may use the
  International Student Scholar Center's
  address.
• The form is located at http//www.uscis.gov/files
  /form/I-765.pdf and the directions for the form
  are located at http//www.uscis.gov/files/form/I-
  765instr.pdf
• When completing the form use the following codes
  for Question Number 16
• If applying for Pre-completion OPT, use (c) (3)
  (A) Pre-completion Optional Practical Training
• If applying for Post-completion OPT, use (c) (3)
  (B) Post-completion Optional Practical Training
• There is a fill-able form available under
  e-filing. You can use this process for CREATE the
  form and then print a copy. We do not recommend
  using the e-filing process at this time.
  Currently, it actually takes more time to process
  the application if you e-file.

11
OPT Application Checklist continued

• Two (2) ADIT style photos. Specifications for the
  size of the photo and other details can be found
  on page 6 of the instructions a
  http//www.uscis.gov/files/form/I-765instr.pdf
• A photocopy of the SEVIS I-20 requesting OPT
  must accompany the application request. This
  I-20 will be created at an appointment with a
  staff member at the International Student
  Scholar Center. The student will sign the
  originals and the copy will be sent with the
  application.
• Photocopy of all prior I-20s
• Photocopy of biographical pages of current
  passport
• Photocopy of most current visa
• Photocopy of your current I-94 (front and back).
• You may bring your original documents with you
  and the ISSC will make copies for you)

12
OPT Application Checklist continued

• Some students may have the following
  requirements
• Copies of any previous Employment Authorization
  Documents (EAD cards)
• NSEERS Registrants must provide proof of
  registration
• (copies of front and back of I-94 card should
  indicate registration and an FIN)
• and a letter from student stating date and
  location of the registration

13
Make an appointment at the ISSC

• When you have all the items and have followed all
  the instructions on the checklist, contact the
  ISSC to request an appointment by emailing
  INTL_Office_at_umassd.edu
• Students who arrive with incomplete applications
  will have to reschedule.

14
At the Appointment

• Your application packet will be reviewed.
• A new I-20 recommending the student for OPT will
  be created. A requested Start Date and End Date
  for OPT will be recorded on the I-20.
• If necessary the academic program end date on the
  I-20 will be adjusted to reflect the date that
  the advisor has reported as the date of
  completion for the student.

15
Important Information for Post completion OPT
Applicants

• The ISSC places a hold on the COIN account of any
  post completion OPT applicant.
• If you apply for post-completion OPT you cannot
  travel outside of the United States after the
  program end date on your I-20 until you have
  received your EAD card and have at minimum a
  confirmed job offer. If you leave the country
  before practical training is authorized you will
  forfeit your practical training privileges.
• If you plan to travel after post completion OPT
  has been granted you must have the following
  documents with you at the Port of Entry to the
  United States
• I-20 ID properly endorsed within the last six
  months
• Unexpired F-1 student visa
• EAD card
• Unexpired passport
• Letter from employer confirming employment
• (Any) OPT employment begins and ends on the dates
  stipulated on the EAD card.
• You must not work or collect wages until your OPT
  has been granted, and you have reached the start
  date on the EAD card. Additionally in the case of
  post completion OPT you must have finished your
  degree program before you start employment

16
What you MUST report to UMass Dartmouth ISSC
while on OPT

• While on OPT you are required to update your
  address with the ISSC at UMass Dartmouth within
  10 days of any move.
• You are required to report all employers and the
  employers address, and the dates that you are
  employed. You should contact the ISSC every six
  months to report even if no changes have
  occurred.
• You must inform the ISSC of any periods of
  unemployment.
• You must inform us if you change employers,
  informing us of their name and their address.
• WE must submit this information to SEVIS.

17
Types of Employment which can be reported while
on OPT

• In all cases, your employment must be in field of
  study, you should be able to provide supporting
  documentation if requested ,and when part time,
  you must work a minimum of twenty hours per week.
• Full Time Employment
• Part Time Employment
• Multiple employers
• In some cases a performing artist can have short
  term multiple employers, for example gigs for
  musicians. Student should keep an accurate list
  of dates, durations, employers etc.
• Self Employed Business Owner
• Must be able to provide business licenses and
  documentation that you are actively engaged in
  the business
• Work for Hire (1099 contractors)
• Must be able to provide evidence of the duration
  of the contract, and the name and address of the
  contracting company
• Employment through an agency .
• Must be working a minimum average of 20 hours
  weekly
• Unpaid employment
• Must always be an unpaid position which does
  not violate any labor laws and not a paid
  position for which you volunteer to do without
  payment. Must be able to produce evidence from
  the organization that the student provided at
  least 20 hours a week during post completion OPT.

18
What documentation does the SEVP recommend?

• "SEVP recommends that students maintain evidence
  - for each job - of the position held, proof of
  the duration of that position, the job title,
  contact information for the student's supervisor
  or manager, and a description of the work. If it
  is not clear from the job description that the
  work is related to the student's degree, SEVP
  highly recommends that the student obtain a
  signed letter from the employer's hiring
  official, supervisor, or manager stating how the
  student's degree is related to the work
  performed.
• NAFSA Advisors Manual 2008 3.37.2.2

19
90 Day Employment Rule

• Students on post completion OPT who have passed
  the 90th day after the start of their EAD card
  without reporting the beginning of any employment
  are considered out of status.
• This includes students who have acquired
  employment but will not start the employment
  until after the 90th day
• There is no sixty days grace period.
• The ISSC is not required or directed to terminate
  the students I-20 or take any action at all.

20
More Information....

• According to the regulations a student may be
  authorized for 12 months of practical training
  per degree level, and may becomes eligible for
  another 12 months of practical training when he
  or she changes to a higher educational level.
• Students who are currently on post completion OPT
  and who received degrees in certain STEM fields
  (Science, Technology, Engineering and Mathematics
  ) AND who are working for companies that are
  registered on E-Verify MAY be able to apply for
  an additional 17 months per the final interim
  rule published on April 8, 2008. However, you may
  not apply until 90 days before the end of your
  current OPT.
• Your dependents will remain in valid status for
  the duration of your OPT.
• Your on-campus employment (unless hired through
  Human Resources to continue on post completion
  OPT) must end on the date specified as the
  academic program end date (5 on page one).
• Your OPT ends if you transfer to another school
  or if you enroll in a new degree program.

21
Mail Application Packet

• Mail all of the application documents by
  certified and return receipt requested mail,
  after you have met with ISSC staff. The ISSC will
  provide you with an addressed envelope. Most
  students mail them to
• U.S. Citizenship and Immigration Services
• Vermont Service Center
• 75 Lower Welden St.
• Saint Albans, Vermont 05479
• Some students may need to send their
  Application to one of the other
• Service Centers if the address on their I-765 is
  in another part of the United States

22
After you have mailed your OPT packet you will
receive the following documents

• Post office receipt for OPT packet.
• Notice of Action from USCIS, acknowledging the
  receipt of your money and the I-765 (OPT)
  application. You are required to provide us with
  a copy of this form.
• On rare circumstances you might receive a request
  from USCIS to submit additional evidence to
  process your OPT application. You should let
  ISSC know if you receive this blue form.
• Notice of Action from USCIS notifying you of the
  results of the application and if approved when
  you will receive the card. You are required to
  provide us with a copy of this form.
• EAD card will be sent in a different envelope.
  You are required to provide us with a copy of
  this form.

23
OPT problems are

• Mailing incomplete application packets
• Applying for post completion OPT and then do not
  complete the degree program by the specified
  completion date on the I-20 and do not request a
  program extension.
• Starting post completion OPT employment without
  completing your degree, and/or before the start
  date on the EAD card and/or before receiving the
  EAD card
• An OPT withdrawal request must be received by
  the VSC prior to the adjudication of the I-765
  form.
• Applications that are delayed for security
  checks.
• Moving thereby changing your mailing address
  after applying for OPT.
• Not notifying the post office at a new address
  that you will be receiving mail at the new
  address.
• Lost applications because the were sent through
  the regular mail.
• Leaving the US then attempt to return without the
  EAD card and proof of employment.

24
Important Notes

• You must continue to follow F-1 regulations as
  they apply to students on OPT.
• Notify us of any change of address within ten
  days
• Employment must be in your field of study
• You may begin your employment when you have (1)
  the card in your hand (2) the start date listed
  on the card has been reached and (3) you have
  completed your degree program if it is post
  completion OPT.
• You must end your OPT employment on the date
  listed on the EAD card. Always keep your old EAD
  cards because you may be asked to provide a copy
  of it for future USCIS applications.
• When you reach the end of your OPT (post
  completion only), if you have not changed your
  visa status to another type or have not been
  admitted to another degree program you must make
  plans to leave the United States within the sixty
  days grace period.

25
Processing Times and Case Status On Line

• https//egov.immigration.gov/cris/jsps/index.jsp
• Finding the Status of Your Case If you have an
  application receipt number, you can check the
  status of your case at this address.
• Obtaining a List of Processing Dates If you
  would like to see the Processing Dates for
  Applications and Petition at the Service
  Center(s) you can use the link at this address.

26
Other related topics

• H-1B visa status
• Employer sponsored
• Must have COMPLETED degree
• Annual number of slots available and a specific
  application/activation time table
• Cap Exempt category
• Cap Gap
• Time between when the OPT ends and the successful
  H application activates.

27
Questions?