Optional Practical Training

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Optional Practical Training

• Spring 09

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Agenda

• This presentation will address the following
• Definition of employment
• Eligibility and stipulations
• What kind of employment you should get
• How to apply for OPT
• OPT deadlines and processing times
• Documents needed
• What happens after you turn in the OPT package to
  the IC
• What happens after you mail in the application to
  the USCIS office in Laguna Niguel
• Travel issues
• Important reminders

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OPT Definition

• Opportunity to gain
• Employment experience in
• your major field of study
• This kind of employment is
• optional

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Who is Eligible for OPT?

• F1 students who have maintained their visa status
• F1 students who have been enrolled for at least 3
  quarters when OPT begins
• Eligible for 12 months of practical training for
  each higher educational level
• If authorized for one year of full-time
  Curricular Practical Training (CPT), not eligible
  for OPT

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OPT Pre Completion

• OPT Pre-completion
• OPT pre-completion gives you the opportunity of
  working on OPT before your graduation date
• You should apply for OPT 90 days prior to
  expected employment start date
• You will receive an Employment Authorization
  Document (EAD) card when your OPT is authorized
• Pre-completion OPT during academic year is always
  part-time
• Pre-completion OPT used during summer vacation or
  school breaks can be part time or full-time
• The time worked on OPT pre completion will be
  deducted from the total 12 months of OPT.
• e.g. 3 months of OPT at a part-time status equals
  1.5 months deduction from 12 months of OPT

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OPT Post Completion

• OPT post-completion
• Gives you the opportunity of working in your
  field of study after you graduate
• You should apply for OPT post-completion 90 days
  prior to your graduation date
• You will receive an Employment Authorization
  Document (EAD) card when your OPT is authorized

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What type of job can I accept?

• The employment must be related to your academic
  field of study
• The employment should be appropriate for a person
  with your level of education
• You do not need a job offer to apply for OPT
• however 90 days of unemployment while on OPT
  voids the employment benefit

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90 days of Unemployment

• You are not supposed to accrue more than 90 days
  of aggregate unemployment
• If you are not employed by the start date on your
  EAD card, your 90 days start accruing
• If you change jobs, you have a 10 days in between
  which will not count towards the 90 days of
  unemployment
• In order to avoid loosing your F1 student status,
  you must report your employment to the IC. The IC
  website has a form called the OPT Student
  Information form

Source SEVP Policy Guidance 0801-01
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What types of employment are allowed forregular
pre- and post-completion OPT?

• All OPT employment, including post-completion
  OPT, must be in a job that is related
• to the students degree program.
• Paid employment. Students may work part-time (at
  least 20 hours per week when on post-completion
  OPT) or full-time.
• Multiple employers. Students may work for more
  than one employer, but all employment must be
  related to the students degree program and for
  pre-completion OPT cannot exceed the allowed per
  week cumulative hours.
• 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. If requested by DHS, students must be
  prepared to provide evidence showing a list of
  all gigs.
• Work for hire. This is also commonly referred to
  as 1099 employment where an individual performs a
  service based on a contractual relationship
  rather than 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.
• 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 he or she has
  the proper business licenses and is actively
  engaged in a business related to the students
  degree program.
• Employment through an agency. 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.
• Unpaid employment. 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.

Source SEVP Policy Guidance 0801-01
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Application Materials(preferred order)

• Prior to turning in your OPT application, create
  two different sets. Write N/A (Not Applicable) if
  an
• item does not apply to you
• Set 1 Set 2
• The original set will include (in this order)
  The copy set will include (In
  this order)
• 2 U.S. passport quality photos (Write your
  name in black pencil in the back.) 1
  Photocopy of OPT Student Agreement (this form)
• 1 Original OPT Student Agreement (this
  form)
  1 Photocopy of I-765 form
• 1 Original edition of I-765 form
  1
  photocopy of passport (biographical page only)
• 1 photocopy of passport (biographical page
  only) 1
  photocopy of the F1 visa you last entered the
  U.S.
• 1 photocopy of the F1 visa you last
  entered the U.S.
  1 photocopy of I-94 card
• 1 photocopy of I-94 card
  _ 1 photocopy
  of each of all your I-20s (including those
• 1 photocopy of each of all your I-20s
  (including those from previous schools)
  from previous schools)
• 
  1 original Graduation Confirmation/OPT
  form (you can obtain this form from
  our website)
• Important Supplemental Information (not
  applicable to all)
• If previously awarded an EAD card(s) for
  lower degree, include 2 photocopies of the
  card(s). One on each set.
• If you changed your status to F1 in the
  U.S., include 2 photocopy of each Approval
  notice and I-94 card. One on each set.

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OPT Post-completionTimeline
USCIS absolute deadline to receive OPT
application is 60 days after graduation date
Departure from US/Transfer to other university
Graduation Date/ Completion date This must be the
end date of your I-20
IC preferred date Application can be received by
USCIS 90 days prior to graduation
Start date of employment is anytime
between graduation date and 60 days later
2 month grace period
90 days
60 days
NOTE The expected approval of your EAD card is
approximately 90 days after your application is
received by the USCIS. This is an approximation
only.
Employment must end 12 months from start date
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Practice Sheet (for your use)
Step 1
Your graduation date is (select one) Spring
June 12 Summer Session I
July 29 10 week Session Aug 28
Session II Sep 9
USCIS absolute deadline to receive OPT
application is 60 days after graduation date (The
IC recommends you apply before your graduation
date)
Step 2
Step 3
IC preferred date The earliest I can apply for
OPT to the IC is_____/_____/_____ This date is 90
days earlier than my graduation date
2 Month Grace Period
My (preferred) employment start date
is___/___/___ (any date between graduation date
and 60 days later)
1. Departure from U.S. 2. Transfer to other
university Or 3. Change to other immigration
status
90 days
60 days
12 months
NOTE The expected approval of your EAD card is
approximately 90 days after your application is
received by the USCIS. This is only an
approximation.
Employment must end 12 months from start date
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OPT Processing Time

• The IC requires 15 business days to review your
  OPT package
• The local USCIS office processes your OPT
  application which takes approximately 3-4 months
• Spring and Summer tends to be peak period for OPT
  applications
• Apply as early as 90 days prior to your
  graduation date (strongly recommended)

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• How to complete the I-765 Application

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• I-765 Questions
• Name (FAMILY NAME in CAPS), (first) (Middle)
• PETER, Anteater
• Other names used
• Leave blank if you have not used other names
• 3. Address in the U.S (Number and Street) (Apt
  Number)
• Use your personal address if this will be your
  address for the next 5 months. Otherwise, use an
  address of a friend or relative where your mail
  can be kept safe. Use the name of the person who
  will receive your notifications as follows C/O
  Peter Anteater and then write the address you
  will use. C/O stands for Care Of. If the address
  used is not in California, visit the USCIS
  website for mailing instructions for other
  states.
• 4. Country of Citizenship/Nationality
• As listed in your passport
• 5. Place of Birth (town or city) (State/Province)
  (country)
• As listed in your passport
• 6. Date of birth (mm/dd/yyyy)
• As listed in your passport
• Gender
• As listed in your passport
• 8. Marital Status
• Social Security Number (include all numbers you
  have ever used) (if any)
• Write your Social Security number. If you dont
  have one leave blank

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• I-765 Questions
• 12. Date of last entry into the U.S. (mm/dd/yyy)
• This date is listed in your last I-94
• 13. Place of Last Entry (Visitor, Student, etc)
• The last place of entry will be listed in your
  last I-94 card
• 14. Manner of last entry (visitor Student etc)
• If you entered as an F1 student, write
  F1 student. If your entry was with another visa,
  write that visa status
• Current immigration status (visitor, student etc)
• Write F1 Student
• 16. Go to part 2 of the instructions, eligibility
  categories. In the space below place the letter
  and number of the category you selected from the
  instructions.
• Eligibility under 8 CFR 274a 12 ( ) ( ) ( )
• If you will start working before your graduation
  date, you are applying for OPT pre-completion,
  you need to write (C) (3) (A)
• If you will be working after your graduation
  date, you are applying for OPT post completion.
  Write (C)(3)(B)
• If you are applying for the 17 month extension
  (ONLY STEM degrees) write (C)(3)(C)
• 17. This section is only for students who are
  applying for the 17 month extension. In order to
  be eligible you must have a STEM degree and be
  working for an E-Verify company. You can only
  apply for the 17 month extension once your OPT
  post completion has been approved. For more
  information on the 17 month OPT extension visit
  our website.
• Signature section

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Important

• It is highly recommended that the letter from
  your advisor is on UCI letterhead with original
  signature
• The graduation date for Spring 09 is June 12,
  2009.
• The graduation dates for Summer 09 are
• Session I - July 29
• 10 Week - August 28
• Session II - September 9
• Your graduation date will depend on the session
  you will be
• Graduating
• If you are on filing fee, your graduation date
  can be anytime during the quarter
• If you are graduating in summer, summer becomes a
  mandatory session. You must be enroll in this
  session. You can be enroll full time, part time
  or be on filing fee assuming you did not take
  this benefit in previous quarters. Consult with
  your academic department for advice

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PHOTOS

• 2 Color Photos
• For specifications
• http//www.uscis.gov/files/nativedocuments/M-603.p
  df
• Only U.S. passport quality photos will be
  accepted
• Print name in pencil on the back of photos

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Payment

• If using a personal check
• Address printed on check must be your current
  address and the address used in the form I-765.
  If not, use a money order
• Check or money order should be made out to
• DHS or Department of Homeland Security in the
  amount of 340
• If an address is requested, leave that space
  blank

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What happens after I turn in the OPT package to
the IC?

• Processing for OPT reviews take up to 15 business
  days at the IC. The IC recommends that
  you plan accordingly
• One of the advisors will review your OPT package
  and if all required documents are included, an
  I-20 will be issued where OPT is recommended
• You will return to the IC 15 business days after
  you turn in your OPT package
• When you come to the IC to pick your OPT package,
  you will be asked to sign 3 I-20s, one original
  and two copies. The original I-20 is for you. One
  copy will be filed in your personal file at the
  IC, and the other copy will be send to the USCIS
  along with your OPT package
• Your OPT package needs to be send immediately to
  the USCIS in Laguna Niguel office. One of the
  student assistants will provide you with the
  mailing address

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What happens after I mail in myapplication to
the USCIS office in Laguna Niguel?

• In approximately 2 weeks (up to 4 weeks), you
  will receive a Notice of Action which is a
  notification from the USCIS office acknowledging
  that they received your application
• This form will provide you with instructions on
  how to check on the status of your application.
• Note that the IC is not able to check on the
  status of your application

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Grace Periods

• While your OPT application is pending, you are in
  OPT pending status NOT on your grace period
• The 60 days grace period will be applicable after
  you complete your 12 months of OPT employment.

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Travel Issues

• Can I travel out of the U.S. and reenter while
  having a pending OPT application?
• No, this will cancel your OPT application
• Can I travel after I receive the EAD card even if
  I dont have a job?
• Traveling under this circumstances is possible
  but risky. The best case scenario is to travel
  once your EAD card has been approved and once you
  have a job offer. For further information about
  traveling on OPT visit http//www.ic.uci.edu/forms
  /TravelonOPTriskinvolved.pdf
• What documents do I need to reenter the U.S.
  after traveling overseas, and after I receive my
  EAD card?
• Valid Passport
• Valid F-1 visa
• I-20 with signature on page 3 no more than 6
  months old
• EAD card
• Proof of job or job interview, if you have one
• Warning
• It may be difficult to obtain a new F-1 visa
  while on OPT

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While on OPT

• During OPT you are still responsible to follow F1
  student regulations
• You must report your employment to the IC by
  completing the
• OPT Contact Information Form http//www.ic.uci.ed
  u/forms/OPTContactInfo.pdf
• You must get your I-20 signed by IC advisor when
  traveling outside U.S.
• You must report your new address to the
  International Center within 10 days, when you
  move
• If you continue your studies after OPT, meet with
  an advisor to transfer your SEVIS record

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• You may legally remain in the U.S. while your OPT
  application is being processed
• You cannot work until you receive your EAD card
• You cannot take classes while on OPT except for
  incidental classes
• After you finish your academic program, you
  cannot work on campus
• You have a 60 day grace period after your EAD
  card expires to prepare to go home or transfer to
  a new academic program in the U.S. After 60 days,
  your SEVIS record will be in complete status
• Make sure to have health insurance coverage at
  all times
• Meet your academic filing deadlines for
  graduation and graduate by the date listed as the
  end date of your I-20. Failure to comply with
  these commitments, will prevent you from
  utilizing your employment card and extending your
  I-20 beyond the agreed date might not be possible
• While on OPT, if you have questions, contact the
  IC

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