CPT, OPT, and H1B

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CPT, OPT, and H-1B

• Dr. Dilok Phanchantraurai
• International Students and Scholars Office
• Iowa State University

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Practical Training

• 2 types of practical training
• Curricular Practical Training (CPT)
• Optional Practical Training (OPT)
• CPT and OPT are not available for English
  language training students.
• Part-time
• 20 hours or less per week
• Full-time
• Over 20 hours per week

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General Rules (CPT and OPT)

• Must have been enrolled full-time for one full
  academic year (9 months).
• Students who have been reinstated after falling
  out of status may be eligible for CPT/OPT.
• Time spent studying full-time in a status other
  than F-1 is counted toward 9 months requirement.

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Curricular Practical Training (CPT)
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CPT Regulations

• Curricular Practical Training must be an integral
  part of an established curriculum.
• Training that is required for all students.
• Training required for a particular course or
  curricular track.
• Cooperative education
• It is possible to have multiple CPT employers.
• No application fee for CPT

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CPT Regulations

• No limit on the number of times or the length of
  time a student may engage in part-time or
  full-time CPT.
• 24 months of part-time CPT does not count as the
  equivalent of 12 months of full-time CPT.
• The use of 12 months (365 days) of full-time CPT
  affects eligibility for OPT at the same
  educational level.

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CPT Regulations

• May engage in CPT only for the specific employer,
  location, and period approved.
• Must have an offer of employment from an employer
  offering work that qualifies as CPT.
• Must receive an authorization from ISS advisor
  before starting the employment.
• Must continue to maintain a full-course of study
  in F-1 status during the period of employment,
  but exceptions may exist.

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Requesting a CPT

• Required Documents
• Job offer letter (show to major professor or
  academic advisor)
• CPT Endorsement Form signed by major professor or
  academic advisor
• After CPT is approved, a new I-20 with CPT
  information is on page 3 (show this document to
  employer).

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Questions about CPT?
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Optional Practical Training (OPT)
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OPT Regulations

• A temporary employment for practical training
  directly related to the students major area of
  study.
• OPT can be authorized
• Pre-Completion OPT
• P/T or F/T during the students annual vacation
  and holiday breaks, and intend to register for
  the next term.
• While school is in session, not to exceed 20
  hours per week (P/T).

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OPT Regulations

• Post-Completion OPT (Previously viewed as
  Pre-Completion)
• After completion of all course requirements for
  the degree, excluding thesis or equivalent.
• Post-Completion OPT
• After program completion.

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OPT Regulations

• Student must have been lawfully enrolled on a
  full-time basis for one full academic year (9
  months) before being eligible for OPT.
• Part-time OPT is deducted from the 12 months
  limit at 50 (no ¼ time OPT)
• Must be directly related to major and level of
  the students course of study.

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OPT Regulations

• Prior use of full-time CPT for 12 months or more
  eliminates eligibility for OPT.
• Must apply for EAD from USCIS (currently it takes
  about 3 months).
• If doing pre-completion OPT or OPT based on
  coursework completion, student must maintain a
  full course of study during the period of
  employment (unless done during school breaks).

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OPT Regulations

• OPT based on coursework completion, can be
  requested for either part-time or full-time.
• Post completion OPT, only full-time OPT can be
  requested.
• Students can apply for post-completion OPT up to
  90 days prior to and 60 days after the completion
  date of their course of study.

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OPT Regulations

• A student becomes eligible for another 12 months
  of OPT when he/she completes a higher educational
  level (not lower level).
• You do not need to have a job offer to apply for
  OPT.
• ISSO requires you to report changes on employment
  during OPT.

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OPT Regulations

• During OPT, students are not prohibited from
  taking classes part-time, as long as the transfer
  or moving levels notification procedure was not
  invoked.
• OPT application must be submitted to USCIS no
  later than 30 days after the OPT I-20 has been
  issued.
• OPT will be canceled on the date you transfer out
  from ISU or on the date you change your
  educational level.

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OPT Regulations

• After OPT application has been submitted to the
  USCIS, changing the OPT start/end date is
  extremely difficult.
• What happen if your post-completion OPT is
  approved, but program is not completed.
• Student may work for more than one employer
  and/or change employers during the period of OPT.

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OPT Regulations

• Students must report their change of address to
  ISSO (through AccessPlus) within 10 days of
  moving.
• Application fee is 340 (I-765 Form)
• Yes, you may reenter to search for employment
  while your request for OPT is pending.

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OPT Regulations

• 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.
• EAD will not be forwarded to a new address if you
  have moved. We recommends to use ISSO address
  (3248 Memorial Union Ames, IA 50011-1130) on
  I-765 Form.

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OPT Regulations

• After you have received your LIN number (can be
  found on the receipt notice), you can check the
  status of your OPT online at www.uscis.gov.
• Is it possible to expedite OPT?

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New Regulations on OPT (04/08/08)

• STEM OPT Extension
• Science, Technology, Engineering, Mathematics
• 17 months immediately after current OPT
• Employer must have registered in E-Verify
• Same procedure as normal OPT, but requires more
  documentations
• Employers information (name, address, etc.)
• Supervisors information (name, contact
  information)
• Academic credential document showing degree/major
• Copy of current EAD

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New Regulations on OPT (04/08/08)

• STEM extension is only once per lifetime.
• Employer must report to ISSO if employment is
  terminated or student changes job.
• Student must also report to ISSO periodically.
• Students can continue their employment for 180
  days while USCIS is adjudicating the request for
  extension.

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New Regulations on OPT (04/08/08)

• You will loose your F-1 status if you have
  accrued 90 days or more of unemployment dates
  during the first 12 months of OPT.
• You can work part-time or volunteer in a job that
  is related to your field of study to avoid 90-day
  unemployment rule.
• Students may not accrue more than 120 days of
  unemployment during the entire 29 months of OPT.
• If change job, new employer must have also
  registered in E-Verify.

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Requesting for an OPT

• OPT is a 2-step process.
• Required Documents
• OPT Endorsement Form signed by major professor or
  academic advisor
• Form I-765
• Copy of passport, I-94, visa, old I-20s, OPT I-20
  job offer, previous EAD
• 2 passport photos
• Check for 340
• ISSO Mailing Authorization Form

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Questions on OPT
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H-1B Temporary Worker
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What is H-1B?

• A temporary worker who will perform services in a
  specialty occupation that requires
• theoretical and practical application of a body
  of specialized knowledge.
• attainment of at least a Bachelors degree or its
  equivalent.

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Characteristics of H-1B

• Applicants cannot self-petition H-1B status
• H-1B status holders can work only for the
  petitioning employer (employer specific).
• It can take up to 3 months to process H-1B.
• Premium processing is possible.
• 1,000 fee
• Response within 15 days (approved, denied, or
  request for more evidence)

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Characteristics of H-1B

• Petitions cannot be filed more than 6 months in
  advance of the desired starting date.
• Cannot file until applicant meets minimum
  qualifications. For example, has actually
  completed the Ph.D. or has obtained the license
  to practice the profession.
• H-1B status may be granted for a maximum of 6
  years.

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Characteristics of H-1B

• Each H-1B petition may be approved for a maximum
  of 3 years.
• Time spent in H-1B and H-4 (and L) status in the
  U.S. counts toward the 6 year limit.
• The six-year clock start over after 365 days
  absence from the U.S.
• H-1B beneficiaries outside the U.S. cannot enter
  the country more than 10 days prior to the
  petition starting date (no grace period after
  H-1B is over, unless indicated on I-94).

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Characteristics of H-1B

• Employer must pay at least the prevailing wage.
• After prevailing wage determination, Labor
  Condition Application (LCA) must be filed.
• 320 application fee (I-129 Form)
• 500 fraud detection and prevention fee
• 300 application fee (dependents) (I-538 Form)
• 1,000 premium processing fee (optional)
• H-1Bs are treated as residents and pay all taxes.

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Characteristics of H-1B

• Unlike J-1, H-1B is okay for tenure track
  position.
• H-4 cannot work.
• H-4 can take classes full-time or part-time.
• Applicants subject to 212(e) cannot change their
  status to H-1B without a waiver recommendation
  letter from Dept. of State.
• Only time spent in the U.S. is counted against
  the 6 years limit (recapture of time spent
  outside the U.S. is possible).

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Characteristics of H-1B

• H-1B cap
• 65,000 per year (6,800 are set aside for H-1B1
  U.S. Chile and U.S. Singapore Free Trade
  Agreement)
• Exception from H-1B cap
• Nonprofit entities (higher education
  institutions, nonprofit research institutions,
  governmental organizations)
• Employees in H-1B that were already counted
  against the cap and are applying for extension,
  amendment to the H-1B petition, or change of
  employer.

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Characteristics of H-1B

• Employees who were counted against the cap during
  the past 6 years and has not left the country for
  a year or more.
• The first 20,000 employees who have earned a U.S.
  Masters degree or higher are not counted towards
  the cap.
• First day to file for H-1B (those who subject to
  cap) is April 1.
• First day to start H-1B (those who subject to
  cap) is October 1.

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Characteristics of H-1B

• Form I-129 consists of 2 parts
• The employers H-1B petition
• Request to take action regarding the
  beneficiarys immigration status
• It is possible that one part is approve and the
  other part is denied.
• Employer is liable for the cost of return
  transportation abroad in the event employer
  terminates the job prior the end date.

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Characteristics of H-1B

• If the I-129 petition is for extension of H-1B
  status, the alien may continue employment with
  the same H-1B sponsoring employer for up to 240
  days after expiration of the current H-1B status.
• If an employer has an approved H-1B petition for
  an employee who is abroad, that employee will
  need to apply for an H-1B visa at a U.S.
  consulate.

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Characteristics of H-1B

• Dual intent in the H-1B category
• An alien in the H-1B category is not subject to
  the presumption of immigrant intent under 214(b).
• Generally, nonimmigrants who have filed a timely
  application for change of status to a different
  nonimmigrant status or have filed an application
  for extension of stay can remain in the U.S.
  while their application is being adjudicated by
  USCIS.

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Characteristics of H-1B

• H-1B status permits an alien to work for several
  employers at one time, provided each employer has
  an approved H-1B petition (concurrent
  employment).
• Once an H-1B worker is in the U.S., he/she may
  change employers (portability).
• Need new prevailing wage, LCA, and approved I-129
  petition for new employment
• No grace period between changing employers (dont
  resign before the new employer has filed for a
  new I-129)

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Characteristics of H-1B

• To travel abroad, H-1B worker should
• Carry the original H-1B approval notice
• H-1B petition
• Job offer letter
• Recent pay stubs
• Valid passport
• Valid H-1B visa (need to apply for H-1B visa if
  obtained the COS to H-1B in the U.S.)
• Automatic extension of validity at ports-of-entry
  (up to 30 days) for travel to Canada, Mexico, and
  Caribbean islands with an expired H-1B visa.

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Characteristics of H-1B

• A nonimmigrant who travels abroad while an
  application for COS to H-1B is pending is
  considered to have abandoned the COS portion of
  the petition.
• Travel while an extension of stay application is
  pending is not viewed as abandonment of the
  application.

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Characteristics of H-1B

• H-1B can take classes full-time or part-time.
• An H-1B worker may be employed part-time,
  provided the LCA and H-1B petition state that the
  H-1B worker will work only part-time.
• When H-4 dependent children turn 21, they no
  longer eligible for H-4 status (change to F-1 is
  an option).
• If an H-1B worker is temporary traveling abroad,
  his/her dependents may remain in the U.S. in H-4
  status.

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New Regulations on H-1B (Cap-Gap)

• OPT students who timely filed for H-1B will have
  their F-1 status and work authorization
  automatically extended.
• Only apply for H-1B with October 1st start date
• Must request for new I-20 from ISSO
• Cap-gap applies to all OPT students, not just
  STEM OPT.
• Cap-gap does not apply during 60 days grace
  period.
• Cap exempt employers are not eligible for cap-gap
  extension.

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Questions on H-1B
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International Students and Scholars Office

• 3248 Memorial Union, Ames, IA 50011-1130
• Phone [phone]
• Fax [phone]