What is Optional Practical Training (OPT)?
OPT is work authorization granted by Immigration/USCIS to allow F-1 students to gain experience directly related to their major area of study. It may be used before or after completion of studies for up to one year per level of study. The far majority of students use OPT to work after degree completion (post-completion OPT).
When should I apply?
We suggest you apply three months from the predicted date you wish to start work. OPT is recommended by advisers (known as Designated School Officials or DSOs) within the Kearney International Center but final approval is granted by the U.S. Citizenship and Immigration Services (USCIS). USCIS issues the approved OPT with an Employment Authorization Document/Card (EAD) which typically takes at minimum 45 days and often up to 90 days to process. You must plan ahead – Deadlines to consider:
· 9 months = Been enrolled and in F-1 status prior to applying
· 90 days before completion date = Earliest to apply for post-completion OPT
· 60 days after completion date = Latest to apply for post-completion OPT
· 30 days = Between receiving OPT recommendation from the Designated School Official (DSO) with signature on the I-20 and sending to and be received by USCIS.
· 60-90 days = Typical processing time of OPT approval (EAD) by USCIS
What is the difference between pre-completion OPT and post-completion OPT?
Pre-Completion Optional Practical Training - [USCIS code on I-765: (c) (3) (A)]
Apply to work full-time during a summer vacation period OR part time during the academic year (work up to 20 hours and must maintain full-time status). You must plan to register full-time for the next term. Any time used in pre-completion will be deducted from Post-Completion OPT. Example: 3 months would be deducted for either full-time summer OPT or 6 months of part-time OPT.
Post Completion Practical Training – [USCIS code on I-765: (c) (3) (B)]
Is only available full-time and you may apply only upon completion of studies:
o Undergraduate students = Last day of finals before the commencement ceremony
o Graduate students [Master’s or Doctoral] = Either same as undergraduates or when all course requirements are finished and the only remaining requirements are the Thesis or Alternate Plan Paper (APP)
How do I apply? Follow Four Steps
Step 1
Obtain instructions, items, forms in the OPT packet:
Ø I-765 form either copied or fillable from www.uscis.gov under “Forms” then scroll down to the I-765: http://www.uscis.gov/files/form/i-765.pdf
Ø Guidance on filling out the I-765 form
Ø Instructions to obtain recent photos taken within 30 days of the OPT application
Ø OPT Supplement - Confirm graduation date (If applying for Post-Completion OPT)
Note: We recommend to file OPT using the paper-based form I-765 and by sending supporting documents by mail to USCIS. We do not recommend “E-Filing” at present since you will be required to go in person to an Immigration biometrics location to have your photo taken. The closest Immigration biometric office is in the Metro area; you are sent an appointment notice to appear on the date/time indicated on the notice.
Step 2
View OPT Tutorial: http://www.mnsu.edu/international/forms/OPT_tutorial_updated_2011.9.26.pdf
This detailed tutorial PowerPoint provides a thorough overview of the entire OPT process and will answer many common questions.
Step 3
Once you view the tutorial, you may submit the OPT application. Please turn in the following items to Kearney International Center during regular office hours:
____ Completed and signed original I-765 ____ Copy of unexpired Passport
____ Copy of I-94 Card (both sides) ____ Copy of previous EAD cards (if you were authorized)
____ Copies of all previous I-20s
____ Proof of Graduation if applying for Post-completion OPT – either
(a) The supplemental Information Sheet signed by an Academic Adviser, Registrar, Graduate Studies, Chair of the Department; OR
(b) Letter from Academic Adviser or other official
If you have remaining questions please make an appointment with the one of the Assistant Directors to discuss your OPT application, procedures, and practical training plans.
Step 4
If you meet all eligibility requirements, the Kearney International Center will issue you a SEVIS I-20 recommending you for OPT and update your record in the SEVIS database. Then you will send the following documents to the USCIS:
Copy of new SEVIS I-20 with OPT recommendation within 30 days and your signature (do not send the original)
A check or money order for $380 payable to “US Department of Homeland Security”, we recommend that you put your I-94 number on the check
Two photos with your name and I-94 number on the back of the photos
I-765 form (original which has been completed and signed by you)
Copy of unexpired passport (or a receipt of an in-progress renewal with an expired passport)
Photocopy of both sides of I-94 Card (or an electronic printed version from www.cbp.gov/I94 )
A copy of previous EAD (if issued)
Copies of previous I-20s
Optional: Free form G-1145 which is an electronic notification by text or email. Go to www.uscis.gov
You will mail to the following address if you listed a Minnesota address on the I-765:
NOTE – If you are not currently living in Minnesota or list an out-of-state address on the I-765 form, check I-765 instructions for correct lockbox address - http://www.uscis.gov/files/form/i-765instr.pdf (page 10).
Reminders while OPT is in process
· Ensure your graduation date is correct: Your SEVIS I-20 will be shortened to your graduation date. If you will not graduate before the expected term, please inform the Kearney International Center immediately. Changes or cancellations of pending OPT applications are complex.
· Previous practical training impacting OPT: Full-time Curricular Practical Training (CPT) of a year or more would deduct from OPT. Part-time OPT and any CPT full-time under one year does not impact OPT. If you have had OPT at a higher level, you may be denied OPT at a lower level. You need to disclose all previous CPT and OPT periods authorized even if they were at a previous college/university.
· Checking your OPT case status: To check your application status, use your receipt number which you will find in your receipt and check on the USCIS web-site www.USCIS.gov. You can also telephone the USCIS at 1-800-375-5283.
Reminders Once You are in Optional Practical Training (OPT) After You Graduate
KEEP THIS INFORMATION FOR FUTURE REFERENCE
Ø Work in your field of study - Begin / End work dates listed on your EAD: OPT is considered gaining experience in your field of study. You are not eligible to begin working until you have received the Employment Authorization Document [EAD] card and the beginning date of the EAD has arrived. You may change employers during the OPT/EAD dates as long as the work relates to your field of study. You may stay in the U.S. 60 days after your OPT/EAD expires as a “grace period” but you may not work. You may inform employers of the EAD as your legal document that complies with I-9 employment eligibility regulations. The I-9 Handbook for employers details F-1 students on page 19: http://www.uscis.gov/files/form/m-274.pdf
Ø Keep the Kearney International Center and Immigration / Dept. of Homeland Security updated on your address: Immigration regulations require you to report changes in your name or address within 10 days. You may complete this process by updating your address in several ways:
· Notify the Kearney International Center: http://www.mnsu.edu/international/currentstudents/f-1/opt/info_update.php
· Update your MSU address with the Campus HUB at http://www.mnsu.edu/campushub/addresschange/index.html
· With Immigration, if you move during the OPT filing, call USCIS at 1-800-375-5283. After OPT is granted, you may file form AR-11. You may send completed form to the address indicated. Forms are on the USCIS website: www.uscis.gov under “Forms”.
Ø Inform OPT employer that F-1 students are exempt from Social Security (F.I.C.A.) withholding: According to the IRS, there should be no withholding of social security or Medicare taxes from your pay if you are considered a non-resident for tax purposes [been in the USA less than five years]. For reference, see IRS publication 519: http://www.irs.gov/publications/p519/index.html and also search on the IRS webpage for F-1 student tax guidance: www.irs.gov
Ø No job is needed to apply for OPT - Do report employment/volunteering within 90 days: You are not required to have a job to apply for OPT. However, you are to be utilizing your OPT time to gain practical experience. If you cannot find paid employment, you should volunteer in your field of study (only 90 days of unemployment are allowed). All employment and volunteer updates should be reported to the International Center so that information can be updated in SEVIS:
OPT Reporting webpage: http://www.mnsu.edu/international/currentstudents/f-1/opt/info_update.ph
Ø OPT Extension: A 17 month OPT extension is available for F-1 students who graduated in STEM fields.
· See OPT Extension information: http://www.mnsu.edu/international/forms/opt_extension_proceduresnew.pdf )
· More details also found at http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf
Ø Restrict any travel outside the USA or at least receive guidance from the Kearney International Center before you depart.
You should restrict travel outside the USA during the time that their OPT application is pending with the USCIS. Please see the Kearney International Center staff prior to making travel arrangements. Once the application has been issued with the EAD card, you should have the following items:
· SEVIS I-20 must be signed within the past 6 months and SEVIS address and employment information must be updated
· Employment Authorization Document (EAD) Card
· Valid F-1 entry visa
· Letter from your employer (confirming your employment)
Students who do not meet these requirements may not be allowed to reenter the U.S. Please consult with a Kearney International Center advisor if planning to temporarily depart the U.S. during the OPT.
Ø Follow transfer procedures if you wish to return to full-time study.
Students on Post-Completion (after graduation) OPT are only permitted to enroll in recreational or vocational courses. You should not pursue a degree program while participating in Post-Completion OPT. To return to school after completing OPT, you need to obtain an I-20 for the next program and have your SEVIS record transferred by MSU to the new school before the OPT ends, or within 60 days of the OPT end date. To resume studies at MSU, we must create a new I-20 in the same time period. Note: You must begin the new program within 5 months of your OPT end date.Failure to comply with either of these items will leave you needing reinstatement, or the need to get an “Initial Attendance” I-20 to use to re-enter the USA within 30 days of the new program start date. The MSU SEVIS “Transfer Out” form is available at www.mnsu.edu/international/forms/
Ø Notify the Kearney International Center if your status changes (such as H-1B temporary worker) or leave the U.S. prior to the end of your OPT end date.
If you have an employer who has indicated they are interested in pursuing an H-1B for you, please work very closely with them to ensure that they apply for the H-1B in a timely manner. Only a certain number of H-1B’s are available for a year from October through next October, and this limit/cap is quickly reached (some employers are exempt from this cap - such as colleges/universities). It is to your benefit to have your employer apply for the H-1B as quickly as possible, even if your OPT is still pending or valid. If your status changes or you re-enter the USA in H-1B status, please provide the International Center with a copy of the H-1B approval (I-797) so we can notify Immigration that you are no longer considered an F-1 student. Also, if you decide to depart the USA prior to the end of your OPT, we can enter that information. Some provisions have been given for “cap gap” – search updated info at www.uscis.gov
Ø Additional Helpful Resources:
· OPT Guidance: http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf
– A comprehensive document published by ICE/Immigration on OPT reporting, the OPT STEM Extension, Cap-Gap procedures
· Study in the States: http://studyinthestates.dhs.gov/
- Outreach to international students as a primary information source compiled from several U.S. government agencies
Best wishes, from the Kearney International Center! Remember to keep us updated:
http://www.mnsu.edu/isss/staff/opt-cpt-eh-instructions/OPT2013revised
Shared file under staff/OPT,CPT, EH Instructions/OPT/OPT Revised 7/29/2013