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Optional Practical Training for F-1 Students University of Oklahoma International Student Services 640 Parrington Oval, Room #220 Norman, OK 73019 405-325-3337 [email protected] http://www.ou.edu/cis/iss

Optional Practical Training for F-1 Students

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Optional Practical Training for F-1 Students. University of Oklahoma International Student Services 640 Parrington Oval, Room #220 Norman, OK 73019 405-325-3337 [email protected] http://www.ou.edu/cis/iss. Important Terms. DSO : Designated School Official – OU International Student Advisor - PowerPoint PPT Presentation

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Page 1: Optional Practical Training for F-1 Students

Optional Practical Training for F-1 Students University of Oklahoma International Student Services640 Parrington Oval, Room #220Norman, OK [email protected]://www.ou.edu/cis/iss

Page 2: Optional Practical Training for F-1 Students

Important Terms

DSO: Designated School Official – OU International Student Advisor

USCIS: US Citizenship and Immigration Services

OPT: optional practical training CPT: curricular practical training EAD: employment authorization document

(card)

Page 3: Optional Practical Training for F-1 Students

Practical Training: Two Types

An F-1 student may wish to find an internship (CPT) or temporary employment (OPT) to gain practical experience in the field of study.

Page 4: Optional Practical Training for F-1 Students

Type 1: Curricular Practical Training (CPT)Internship offered by sponsoring employers

through agreements with the university that is required as an integral part of an established curriculum, or will count toward degree requirements. CPT is recommended by the academic advisor and authorized by the DSO.

Page 5: Optional Practical Training for F-1 Students

Type 2:Optional Practical Training (OPT) Temporary employment authorization granted

by USCIS for practical training that is directly related to the student’s major area of study.

OPT can be taken during annual summer vacation, part-time during regular school session, after completion of course requirements or after completion of course of study.

Page 6: Optional Practical Training for F-1 Students

Optional Practical TrainingPreconditions

Lawfully enrolled as full-time student for one academic year (fall and spring).

Location

May be employed anywhere by any employer , but all employment must be in field of study. You must update ISS of your personal address and employer address while on OPT.

Duration

Initial 12 months of full-time employment authorization. Up to 29 months for qualifying STEM graduates. OPT extension to October 1 now possible to meet cap gap if H-1B is approved. Part-time pre-completion OPT is deducted from 12-month limit at 50%.

Hours/Week

After degree completion, all OPT must be full-time. Full-time pre-completion OPT during summer breaks. Part-time pre-completion OPT during semesters.

Field

Must be directly related to major field of study indicated on I-20. Burden of proof is on the student to ensure this!

Offer of Employment

No offer letter required to apply. Student must work, or actively seek work. 90+ days of unemployment = loss of F-1 status (120 days if unemployment occurs during 17-month extension)

Enrollment

If pre-completion OPT, maintain full course load during employment (unless summer). Post-completion= no requirement.

Approval

Recommendation: apply to USCIS before degree completion (post-completion OPT). Possible: apply 60 days after degree completion. For pre-completion OPT, must apply before work begins

Page 7: Optional Practical Training for F-1 Students

OPT can be authorized in the following ways: After completion of the degree program

(undergraduates: last day of semester; graduate students: defense date, or last day of semester in which defense took place)

After completion of all course requirements for the degree, excluding thesis or dissertation (I-20 CANNOT be extended after graduation)

Full-time (20+ hours per week) as pre-completion OPT during summer break

Part-time while school is in session (20 hours or less per week). Minimum enrollment requirements apply!

Page 8: Optional Practical Training for F-1 Students

Post-completion OPT? Determine your start date! Apply for post-completion OPT either before you

graduate – beginning 90 days prior to degree completion or in the 60-day grace period after graduation

Post-completion OPT begins after you graduate (60-day window following graduation)

Applying for OPT after graduation may cause you to lose weeks of work authorization

You must choose your preferred OPT start date when you submit your application to OU ISS

Last possible date to start OPT: 60 days after end of semester

Page 9: Optional Practical Training for F-1 Students

What are the OPT reporting requirements?

Student must routinely report your US employer work address and personal address

Student must report start and end dates of any period of unemployment

Information is reported in SEVIS by OU ISS 90+ days of unemployment = loss of F-1 status US employer must report to OU ISS the departure of F-1

student within 48 hours

Page 10: Optional Practical Training for F-1 Students

IMPORTANT INFORMATION FOR GRADUATE ASSISTANTSIf you choose a completion date that is mid-semester or NOT the end of the regular

semester:

You must not continue any employment, paid or unpaid, on campus after you completion date

You will no longer be eligible for tuition waiver as of your completion date. You may be required to pay back your tuition waiver

Not eligible for on-campus employment after that date Not eligible to continue graduate assistant appointments after that date The only way to avoid these complications is to SELECT THE PROGRAM

COMPLETION DATE THAT IS THE END OF THE SEMESTER

Page 11: Optional Practical Training for F-1 Students

F-1 to H-1B status Key Concepts:

OU charges work authorization extension processing fee of $100 for OPT “cap gap” extensions and OPT STEM extensions– payable at time documents are submitted for work authorization extension request

Page 12: Optional Practical Training for F-1 Students

What is the “cap gap”? H-1B visa = most common employment-based visa in the US 65,000 H-1B visas available each year (the “cap”) – limited by US

Congress For-profit companies may submit H-1B visa applications on April 1

each year H-1B visas begin on October 1 (for-profit companies) The H-1B “cap gap” eliminated by extending OPT employment and

status for those who are beneficiaries of an H-1B petition with an October 1 start date

Non-profit companies not subject to the H-1B cap (hospitals, universities, etc.)

OPT frequently ends before October 1, creating a “gap” in the work authorization and visa status

Page 13: Optional Practical Training for F-1 Students

Transition from [F-1 student] to [H-1B employee] – typical timeline

OPT starts10 Jul 2010

H-1B petitionsubmitted1 Apr 2011

H-1B receipt notice issued 3 Jun 2011

10 Jun 2011 – student contacts OU ISS for cap gap extension

Cap gap extension of OPT 9 July 2011to 30 Sep 2011

H-1B starts 1 Oct 2011

Initial OPT ends9 July 2011

H-1B statusF-1 status

F-1 student graduates!15 May 2010

Student wowsemployer with performance!

Page 14: Optional Practical Training for F-1 Students

What are STEM degrees?STEM Fields include:12-month limit on OPT extended by 17 months, for a total of 29 months for

certain students who have completed STEM degrees in the US ONLY

Actuarial Science Computer Science Applications Engineering, including Chemical Engineering Engineering Technologies Biological and Biomedical Sciences Mathematics and Statistics Military Technologies Physical Sciences Science Technologies Medical Scientist (MS, PhD)

Many fields are not included in the STEM list, including Business, Architecture, Human Relations, and Fine Arts.

Students are eligible to apply for the 17-month STEM extension 90 days prior to their EAD expiration date. Go to www.ou.edu/iss for complete information and application materials.

120+ days of unemployment during STEM extension period = loss of F-1 status

Page 15: Optional Practical Training for F-1 Students

Frequently Asked Questions

1. Can I get more OPT at a later date?

2. Can my OPT be cancelled?

3. Can I study while on OPT?

4. Can I change employers during OPT?

5. Can I travel out of the US while on OPT?

6. Do I get a grace period after OPT?

Page 16: Optional Practical Training for F-1 Students

FAQ 1: Can I get more OPT at a later date? Yes, in some cases.

12 full months of full-time OPT per degree; subsequent degrees must be at higher degree level

STEM-qualifying graduates working for employers enrolled in E-Verify – 17 additional months of OPT

F-1 students with H-1B cap gap may apply for an extension to October 1 to bridge the cap gap

Page 17: Optional Practical Training for F-1 Students

FAQ 2: Can I withdraw or change my OPT application? difficult to change start date of the OPT application after

submission difficult to cancel all or part of a period of OPT once EAD card

is issued If you choose to withdraw your OPT application, your I-20

must be extended to a new program completion date. Months to resolve on-campus employment and status issues Must pay OPT application fee again if you reapply later Due to F-1 status issues and cost to student, we urge

students to choose a firm degree completion date and OPT start date.

Page 18: Optional Practical Training for F-1 Students

FAQ 3: Can I study while on OPT?YES, if Remaining requirements, such as a thesis or

dissertation, for a current degree program A required course that you were unable to take in your

final semester of your degree program Post-degree certification/licensure programs (examples:

Human Relations, Accounting)NO, if You begin a new degree program (start date of new I-20

ENDS OPT) You earn credit that COULD COUNT toward a new

degree later

Page 19: Optional Practical Training for F-1 Students

FAQ 4:Can I change employers during OPT? Yes ALL employment must be directly related to the

field of study on the I-20 You must routinely report your US employer and

work address to OU ISS. Failure to report could result in a loss of F-1 status.

Page 20: Optional Practical Training for F-1 Students

FAQ 5: Can I travel out of the US while on OPT?

OPT = F-1 status. Travel abroad with:

I-20 signed for travel by OU DSO EAD card Valid passport and valid F-1 visa employment confirmation letter.

Departure from the US without the EAD is fine. You must have the above documents to reenter the US.

It may be more difficult to renew an F-1 visa while on OPT.

Page 21: Optional Practical Training for F-1 Students

FAQ 6:Do I get a grace period after I complete OPT?

Yes. 60-day grace period following the completion date of

OPT if you applied for OPT BEFORE graduating. The time the OPT application was pending does NOT

count against the grace period if you applied for OPT BEFORE graduating.

You may change immigration status during the grace period, obtain an I-20 for a new degree program, or depart the US.

You are NOT work-authorized during the grace period.

Page 22: Optional Practical Training for F-1 Students

OPT application proceduresSubmit to OU ISS (no appointment necessary to submit):

•$380 check or money order processing fee

•2 passport-size photos

•Completed I-765 (OU ISS office address - pre-filled in #3; address where EAD will be sent)

•2 copies of all immigration documents (passport bio page, visa, I-94, I-20s for current degree level if you used CPT or pre-completion OPT, former EADs) – DO NOT STAPLE

• Academic Advisor recommendation form and personal contact information form

•Make OPT processing appointment with OU DSO

Meet with OU DSO to finalize OPT application prior to submission to USCIS

Page 23: Optional Practical Training for F-1 Students

Notes on OPT application procedure USCIS receipt notice

Receipt number - track application status on www.uscis.gov

OU ISS office will notify you via email when we receive your receipt notice and EAD

DO NOT begin employment until you have the EAD and the start date is current (pre-completion and post-completion OPT)

OPT employment authorization is strictly regulated under US federal immigration law. Working before the OPT start date on your EAD IS A SERIOUS VISA VIOLATION AND CAN RESULT IN A LOSS OF YOUR F-1 VISA STATUS.