Application Workshop OPTIONAL PRACTICAL TRAINING International Students and Scholars Center

Application Workshop

OPTIONAL PRACTICAL TRAINING

International Students and Scholars Center

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OPT BasicsTips to avoid delaysFrequently asked QuestionsQ & A

WORKSHOP OVERVIEW

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OPT is an employment benefit from United States Citizenship and Immigration Services (USCIS)

Complements student’s academic workAllows international students in F-1 status

to gain off-campus work experienceMaximum 12 monthsMust be related to your field of studyGranted after completion of your academic

program

OPT DEFINED

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Maintain continuous legal F-1 status for a minimum of two consecutive full-time terms

Do not engage in any unauthorized employment

Successfully complete your academic program

No previous OPT at Master’s level

ELIGIBILITY

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Minimum 3.0 GPAPetitioned to graduateNo honor code violations in final termHave not dropped classes to add an

internship or to delay graduation

ELIGIBILITY – ACADEMIC REQUIREMENTS

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Attend OPT WorkshopComplete and print OPT Packet (link found

under OPT Application section on https://students.asu.edu/thunderbird-opt-cpt

Submit to Thunderbird Student Support Center – 1st floor Herberger Administration Building

Advisor will review eligibility and if qualified creates an I-20 recommending OPT to USCIS

Pick up I-20 and OPT Packet when contacted by ISSC

APPLICATION PROCESS

https://students.asu.edu/thunderbird-opt-cpt

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Mail application to the Phoenix USCIS Lockbox location within 30 days of advisor’s recommendation

USCIS will send a notification when application is received

USCIS will review and either approve or deny the application

If application is approved, USCIS will issue an Employment Authorization Document (EAD)

EAD will be mailed to the address specified on the application

APPLICATION PROCESS CONTINUED

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G-1145I-765 form

$380 fee (made payable to Department of Homeland Security)

2 passport style photos (2 x 2 inches)Electronic I-94 print-outPhotocopy of prior EAD (if applicable)Photocopy of OPT SEVIS I-20 – IMPORTANT – I-20 must

be endorsed by DSO and signed by the studentPhotocopy of all former I-20sPhotocopy of bio page of passportImportant Document Information Form

DOCS TO INCLUDE WITH APPLICATION

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Post OPT requires a date that is within the 60 day grace period

OPT period is 12 months minus 1 dayBe certain of the dates as they will appear

on the EADExample:

December 2015 Graduates Graduation is December 11, 2015 Select any start date between December 14, 2015 and

February 12, 2016

DETERMINING OPT DATES

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Submit your application to ISSC no earlier than 100 days prior to your program completion date and no fewer than 3 weeks prior to the end of grace period ISSC will need approximately 10 to 15 business days to adjudicate your request

USCIS will not accept an OPT application more than 90 days in advance of your program completion date

USCIS will take 90 days to adjudicate and issue EAD card

P l a n A h e a d ! ! !

WHEN TO APPLY

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Students must report their new living address to International Student Services within 10 days of moving.

Students must report their employer name and address to International Student Services within 10 days of accepting employment.

Students on approved OPT cannot accumulate 90 or more days of unemployment.

Students must fi le federal, state and local income taxes during the period they were present and worked in the US

MAINTAINING STATUS WHILE ON OPT

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Students who accumulate more than the 90 days of unemployment are out of legal F-1 visa status.

Students who are out of legal status must leave the U.S. immediately.

There is no grace period for violating a visa status.

Those failing to leave the U.S. in a timely manner risk possible deportation.

For more information visit https://students.asu.edu/international/support/opt.

MAINTAINING STATUS WHILE ON OPT

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Sign the OPT SEVIS I-20Sign the I-765 formFollow the photo instructions

Two passport-style color photos with a white background Taken no earlier than 30 days before submission to

USCIS Lightly print your name and I-94 admission number on

the back in pencil Do not staple anything Taken by a photographer or business familiar with

passport photo regulations Must be 2” x 2”

TIPS TO AVOID DELAYS

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Fill out your personal check for fee payment correctlyCorrect datePayable to Depatrment of Homeland SecurityAmount in numbers $380 and in words “three hundred and eighty dollars”

Sign the check!Follow the mailing instructions and checklist

included with your returned OPT packet


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Mail your application via regular mailIf not using Thundebird’s mailing address,

do not change your address while your OPT application is pending

IMPORTANT: Keep a copy of your OPT application and included documents.


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Do I need a job before I apply?USCIS does not require proof of

employment when you apply for OPTWhat if I have an employment offer with a start date earlier than the 90 days processing time?Contact USCIS at 1-800-375-5283 to

inquire whether your application can be expedited. If so, follow their instructions.

FREQUENTLY ASKED QUESTIONS

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I applied more than 90 days ago and have not received my EAD card, what can I do?

Track the status online at www.uscis.gov, click the link “Case Stuatus Online”. You will need your “WAC” number found on the Notice of Action. If your OPT is approved, you just need to wait for the card.

If it has not been approved, send an email to [email protected] with your receipt notice letter, so we can send an email inquiry for your application.


http://www.uscis.gov/

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Can I start work before I get my EAD card?No! The EAD card indicates the “actual” dates

which USCIS will allow you to work. What if my employment situation changes while on OPT?All employment updates are made via MyASU. Log

on MyASU and click on “Optional Practical Training” under Priority Tasks. Follow the instructions. All you need to upload is EAD. All other documents should be kept with other immigration documents in the case you get audited by USCIS.


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Can I work on campus after completing my program?Student Employment on campus ends upon

completion of your degree program.Any student employment, including

assistantships, after that date is considered unauthorized and will affect your immigration status.


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What can I do if I want to withdraw my OPT application?If you HAVE NOT submitted your OPT application to USCIS:

Return all of the OPT application materials you obtained from the ISSC. The ISSC will cancel your OPT record.

If you HAVE submitted your OPT application to USCIS: Write a letter to USCIS to request withdrawal of OPT application

and submit to USCIS along with a copy of the Notice of Action (i.e. Receipt Notice).Inform ISSC as soon as your request has been approved for further immigration advisement.

Cancellation is not guaranteed. Approval of cancellation will depend on the timing of the request. The $380 fee is non-refundable


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What if I cannot complete my degree as reported on my OPT Application?If you think there is a possibility that you may not

complete your program requirements on time, wait to apply until after your program ends.

If you applied and then did not complete as expected, submit to the ISSC: An Academic Advisor Letter stating academic justification

why you need more time and your new anticipated degree completion date (MM/DD/YYYY)

A copy of your Notice of Action (i.e. receipt notice.) We will provide further advisement after reviewing your

documents.


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Can I travel while on OPT?

You may travel within the US while your OPT application is processing. It is not advised that you travel outside the country during this time. By doing so, you could forfeit your request for OPT. If you must travel contact the ISSC for advisement.

You may travel abroad and re-enter the US after you receive your EAD card. To re-enter you will need the following: Valid passport Valid F-1 visa OPT authorized I-20 with valid OPT dates signed by the ISSC within the

last 6 months Offer of employment - WARNING! Customs Agents at the Port of Entry

have the right to deny you re-entry into the US if you are not employed during OPT


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Can I enter the US on a diff erent visa status and continue to work on OPT?No. Do not enter the US on any visa other than F-1

or you will lose your F1 status and your OPT will be invalidated.

Do I need a Social Security Number while I am on OPT?Yes. A Social Security Number is necessary to report

your wages to the government. If you are not currently holding a SSN please contact the ISSC at [email protected] for details on requesting a Social Security Number while on OPT.


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Can I do a second OPT after I finish a second degree?You are eligible for another 12 months of

practical training only when you pursue a higher educational level.

Can I apply for less tan 12 months OPT and save the other months for later use?Dividing Post-OPT time is not recommended

because it cannot be guaranteed that you will be able to obtain authorization to use the remaining months later.


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What type of job am I allowed to work while on OPT?

All OPT employment must be related to the student’s degree program (Global Management)

MULTIPLE EMPLOYERS – Work for more than one employer

WORK FOR HIRE (1099 Employment/Consulting) – Must prove evidence of duration of the contract period and the name and address of the contracting entity

SELF-EMPLOYED BUSINESS OWNER – Must prove you have proper business licenses and actively engaged in a business related to earned degree


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What type of job am I allowed to work while on OPT?

EMPLOYMENT THROUGH AN AGENCY OR CONSULTING FIRM – Student must provide evidence they worked at least 20 hours per week while employed by the agency

PAID EMPLOYMENT - Standard, full-time employmentUNPAID EMPLOYMENT – Volunteer or unpaid intern.

Work must be at least 20 hours per week and the student’s employer must verify the student worked the number of hours worked


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Will I have to pay U.S. taxes for income earned while on practical training?In general, F-1 students who have been in the

US for less than 6 years are exempt from social security (FICA) and Medicare taxes as long as you continue to declare non-resident status for tax purposes (see Internal Revenue Service Publication 519, "U.S. Tax Guide for Aliens," which you can download at www.irs.gov). You should tell your employer this because many employers are not familiar with this provision.


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Tax question answer continued…Unless you qualify under a tax treaty between

the United States and your home government, your earnings will be subject to applicable federal, state, and local taxes, and employers are required by law to withhold those taxes from your paychecks. By April 15 of each year, you must fi le a federal income tax return and a Form 8843, "Statement for Exempt Individuals," covering the prior calendar year--whether you owe more taxes or not.


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Do I need to keep my previous I-20s since I have the OPT SEVIS I-20?

Yes. You must keep all I-20 forms and all your immigration documents indefinitely for possible use in the future. The ISSC keeps student files for one year only after your completion of studies.

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How will I receive immigration updates from the ISSC during the OPT period?You will receive periodic immigration

updates from the ISSC through ASU email. Your ASU email will be active during the OPT period. If you have problems getting ASU e-mails while on OPT, please contact ASU Help Desk directly.


Documents

Application Workshop OPTIONAL PRACTICAL TRAINING International Students and Scholars Center