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OPT Application Guide for F-1 Students

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Arefin Siddikui
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0% found this document useful (0 votes)
7 views44 pages

OPT Application Guide for F-1 Students

Uploaded by

Arefin Siddikui
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Post-Completion Optional

Practical Training (OPT)


Tutorial
OPT Tutorial

Please note that this tutorial is for instructional purposes only.

An OPT application to USCIS is your own personal application. You alone are
responsible for timely filing with full documentation, understanding F-1 rules
regarding OPT , and properly maintaining F-1 status.

Please review the entire tutorial and contact your OISPS DSO if you have questions.
OPT Tutorial Outline
• OPT Overview
• OPT Eligibility & Allowable Employment
• Application Process Overview
• Step 1: I-765
• Step 2: I-20 Request Process
• Step 3: Preparing your OPT Request to USCIS
• Application Deadlines
• Step 4: Receiving your EAD & USCIS Documents
• I-797 Receipt Notice
• While Application is Pending
• Denials & Requests for Evidence
• Step 5: Maintaining Your F-1 Status & STEM Reporting Requirements
• Employment Update/Change Form
• Travel during STEM OPT
• Options after Post-Completion OPT
OPT Overview

• Post-Completion Optional Practical Training is a benefit for eligible F-1


students interested in engaging in employment directly related to their field
of study after their degree completion in the U.S.
• F-1 students are eligible for an initial 12 months of OPT per higher degree
level achieved.
• Applicants do not need an employment offer to apply for OPT.
• Employment MUST be related to student’s field of major.
OPT Eligibility

• Must have attended a SEVP certified institution on a full-time basis for at


least one academic year
• Must not have had 12-months of OPT authorization for the same degree
level
• Must not have accrued 12 months of full-time Curricular Practical
Training (CPT) for the same degree level

*** Part-time CPT authorizations do not affect OPT eligibility***


OPT Application Timeline
• OPT Applicants may apply for Post-Completion OPT up to 90 days before a student’s
program completion date (look at Lamar’s academic calendar) and up to 60 days after the
student’s program completion date.
• The recommended deadline to submit an OPT application to OIES is at least 3 months
before a student’s requested OPT start date.
• Important Notes/Deadlines:
• USCIS must receive your application within 30 days of the DSO’s recommendation
(date which I-20 is generated in SEVIS)
• Students applying for OPT after their program completion date may not receive the
full 12 months of OPT authorization.
• Please note that the processing times can vary so be aware when selecting your
OPT start dates Processing Times ([Link])
OPT Application Timeline (cont.)
OPT Start and End Dates
• Applicants must choose their OPT start date.
• A requested OPT start date can be as early as 1 day after the program
completion date and up to 60 days after the program completion date.
• Graduate students may set their program completion date based on
scheduled thesis or dissertation defense dates.
• Students who complete their course requirements in any Part of Term (POT)
must calculate their start based in the final class date of the POT.
OPT Employment Requirements
▪ OPT employment must be directly related to the F-1 student’s degree program.
▪ A student may work part-time (at least 20 hours per week) or full-time.
▪ Volunteer/Unpaid positions are allowed as long as they do not violate any labor laws.
▪ Employment through an agency or consulting firm: A student on post-completion OPT must be able to provide
evidence showing he or she worked an average of at least 20 hours per week while employed by the agency.
▪ Self-employed business owner: A student on OPT may start a business and be self-employed. 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.
▪ Multiple employers: A student may work for more than one employer, but all employment must be related to the
student’s degree program.
▪ Short-term multiple employers (performing artists): A student, such as a musician or other type of performing
artist, may work for multiple short-term employers (gigs). The student should maintain a list of all gigs, the dates
and duration.
▪ Work for hire: This is 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, the student must be
prepared to provide evidence showing the duration of the contract period and the name and address of the
contracting company.
Unemployment During OPT

• Students on OPT have a total of 90 days (including weekends and holidays)


of allowed unemployment during their 12-month OPT period that begins on
the start date of their OPT (as indicated on their EAD card).
• If you exceed 90 days of unemployment during your original 12-month OPT
you are not eligible to apply for the STEM OPT Extension.
• If you exceed your unemployment days on OPT your SEVIS record will be terminated,
and your F-1 status will be in an unlawful status
OPT Application Process
• Items needed for DSO to recommend OPT and issue I-20:
• OPT Application:
[Link]
[Link]
• I-765 form:
Application for Employment Authorization | USCIS
• Academic Advisor Recommendation Form
[Link]
[Link]
Applying with USCIS for OPT

Online filing now available at [Link]


Account Set-Up (First time only)

Follow all instructions to complete account set-up


Login to your USCIS online portal
Select the correct form you are planning on filing

Drop down menu allows


you to select from the
different options. You are
applying for the I-765
Getting Started

**Make sure you are selecting


(c)(3)(B) category for Post-
Completion OPT

**You can choose premium


processing for an additional
cost.
Getting Started cont.
You will always choose initial
when applying for Post-
Completion OPT.

If you choose “yes” please


follow instructions given.
This will not apply to all
applicants
Getting Started cont.

***If you are completing this form yourself, you


will check no. Yes, only applies if you are using
another person, on your behalf, to complete this
application.
About You – Personal Demographics
Information
Please read directions carefully
and provide all information
requested.

Make sure to use your physical


home address as the mailing
address to receive your EAD
documents and card when
approved.

****DO NOT USE THE OIES


PO BOX…we will no longer
receive these documents on
our behalf.
Evidence
Evidence cont.

**If you do not


have any
evidence to
submit here, click
on Next
Evidence cont.

Very
Important!!!
Check and review your application before you
submit
Check and review your I-765 form. Click on the
“View Draft Snapshot”
Review your answers on the form, correct any incorrect
information and save as a pdf. to submit with your I-20
application form to our office.
At this point save your progress and return to
our website for the I-20 application
Step 2 – I-20 Request Process
• Log on to [Link]/international website

• Click on International Student Programs


& Services
I-20 Request Process

Click on “Guide and


Forms”

Then click on “OPT I-20


Application” under
Employment forms to
complete application.
Step 3: Preparing your Post-Completion
OPT Request to USCIS
Post-Completion OPT Application Checklist
• Documents needed for application– See checklist below:
• I-765 - Forms Available to File Online | USCIS
• Copy of I20 with the OPT recommendation – signed by DSO and Student
• Copies of all prior I-20s
• $470 for online filing or $520 for paper filing (current as of 4/2024)
• Passport style photo taken within 30 days of filling the Form I-765
• Copies of any previous and current EAD cards
• Copy of I-94
• Copy of passport and visa
• And any other information that is requested in the online I-765 application with USCIS
Step 4: Receiving your EAD & USCIS
Documents
I-797 Receipt Notice

• Applicants will typically receive a I-797 Notice of


Action receipt from USCIS approximately 3-4 weeks
from the date the OPT application was received by
USCIS. The status of an OPT application can be
viewed online with a Receipt Number:
[Link]
• Applicants will receive their Employment
Authorization Document (EAD) card approximately 3
months from the date the OPT application was
received by USCIS (times may vary)

***verify all biographical information is correct as soon as you receive your I-797 notice
and notify USCIS if there is any incorrect information shown.
While OPT Application is Pending

• Student may NOT begin employment until they have


received their Employment Authorization Document
(EAD) card and the start date as indicated on the EAD
card has been reached.
• Student may not continue working beyond the end
date of the EAD card.
• Student may NOT continue to work on campus after
graduation or degree completion
Application Problems: RFE or
Rejection/Denial
• RFE: If there is a problem with your application, USCIS may send you a
notice by mail called a “Request for Evidence (RFE).” An RFE does not
mean that your application has been rejected, it simply means you need
additional documents before your EAD can be issued.
• Rejection/Denial: If you receive a denial notice, please follow the directions
in the letter for further details.
• To avoid delays, review your application materials for completeness and
correct/current information.
Step 5: Reporting Requirements While On
OPT
Reporting Requirements While On OPT

• F-1 students are required to report to the DSO within 10 days if any of the
following changes during their OPT period:
• ALL employment changes including changing jobs, employer name
change, acquisitions, etc. Changes in the student’s name
• Address (physical/mailing)
• Visa Status (i.e. – H1B Approval)
• Primary work location
How To Report OPT Employment?
• Employment Updates/Changes
• [Link]
scholars/[Link]

Click “Guide and Forms”


How To Report OPT Employment?

Click on “OPT/STEM OPT


employment update”
How To Report OPT Employment?
Please read and
complete all
applicable
information and
click “submit”
when
completed.
Traveling Abroad While On OPT
• Complete Travel Application Online -
[Link]
• Documents required to re-enter the U.S. in valid F-1 status:
• Valid Passport
• Endorsed I-20 (each travel authorization signature is valid for 6 months from
the date it was last signed and must be valid at the time of entry to the U.S.)
• Valid F-1 Visa (if expired, you must renew with the U.S. Consulate/embassy)
• EAD Card
• Proof of Employment or Offer Letter
• NOTE: If you are planning to travel while your OPT is PENDING – contact OIES
regarding risks involved. OIES does NOT recommend international travel while
the OPT application is pending with USCIS
Options After Initial OPT Period

• STEM Extension
• Resume studying at Lamar or transfer to another school
• Return to Home Country
Resume Studying

• If a student wish to resume studies, the updated I20 must be printed prior to
the start of class and prior to the 60-day grace period ending.
• Your OPT work authorization ends on the date your new I20 is generated.
• Ending OPT early is allowed.
• If you are resuming study at another institution, you must request a transfer
of your SEVIS record PRIOR to the student’s 60-day grace period ending.
Please submit our transfer out form in order to proceed with this option.
• First day of classes MUST be within 5 months of the OPT EAD card end date
Changing Status

• Applications for change of visa status must be received by USCIS prior to


the end of the 60-day grace period
• Work with an immigration legal counsel regarding a Change of Status
application to a new visa category (I-539 form).

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