190 likes | 392 Views
Post-completion OPT . Types of OPT Authorization. Four categories of OPT authorization: Standard Pre-completion OPT Post-completion OPT OPT Extensions Cap-gap OPT extension STEM degree OPT extension. Post-Completion OPT. OPT that begins AFTER a student’s program end date
E N D
Types of OPT Authorization • Four categories of OPT authorization: • Standard • Pre-completion OPT • Post-completion OPT • OPT Extensions • Cap-gap OPT extension • STEM degree OPT extension
Post-Completion OPT • OPT that begins AFTER a student’s program end date • Student must be employed for an average of at least 20 hours of work per week • Post-completion vs. pre-completion OPT: category is determined by the timing of the student’s requested employment start date in relation to the student’s program completion date, which isbased on institutional policies
Cap-Gap OPT Extension • Automatically extends duration of status and, under certain circumstances, employment authorization for eligible F-1 students; designed to eliminate “gap” between F-1 and H-1B statuses • To qualify for the H-1B cap-gap extensions: • The student must be the beneficiary of an H-1B petition that: • has been timely filed; • requests an employment start date of October 1 of the following fiscal year; and • requests a change of status; and • The student must not have violated the terms or conditions of his or her F-1 status. • Cap-gap extensions are terminated if the H-1B petition is rejected, denied, or revoked
STEM Degree OPT Extension • Allows eligible students who have completed a designated Science, Technology, Engineering or Math degree program in the U.S. to apply for a 17-month extension of their OPT authorization • Eligible degree programs are determined by CIP (Classification of Instructional Programs) code; a list of eligible degree programs can be found at http://www.ice.gov/sevis/stemlist.htm (last updated 09/25/08) • Student’s employer must be enrolled in the Department of Homeland Security’s (DHS) E-Verify program
How is OPT authorized? • Student must apply to the U.S. Citizenship and Immigration Services (USCIS) for an Employment Authorization Document (EAD) • Form I-765 (Application for Employment Authorization)---current filing fee is $380 • The student cannot begin employment until the start date noted on the EAD
Applying for OPT An application for OPT consists of four steps: • The student makes a request for OPT to the DSO • After determining eligibility, the DSO updates SEVIS with an OPT recommendation • The DSO prepares a Form I-20 with the OPT recommendation and requisite signatures • The student files a Form I-765 (with fee) and the Form I-20 with a USCIS Service Center
Post-Completion OPT Start Date • Requested start date cannot be more than 60 days past the program end date • Late application filing will result in lost days
Post-Completion OPT End Date • Requested end date cannot be more than 12 months after the requested start date • Authorization to engage in OPT employment is automatically terminated when the student transfers to another school or begins study at another educational level
Limit on Periods of Unemployment During a Period of Authorized OPT • Students may accrue up to 90 days of unemployment for each new period of post-completion OPT • Students who have OPT extended due to the cap-gap provisions are subject to the 90-day limit on unemployment • Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire Post-completion OPT period. • There is no limit on unemployment during periods of authorized pre-completion OPT
What counts as time unemployed? • Each day (including weekends) during the period when OPT authorization begins and ends that the student does not have qualifying employment • Time spent outside the United States during an approved period of post-completion OPT counts as unemployment unless the student is either: • Employed during a period of leave authorized by an employer; or • Traveling as part of his or her employment
Employment Allowed While On OPT • All OPT employment is required to be in a job that is related to the student’s degree program (but DSO is not responsible for making this determination) • This employment may include: • Paid employment • Multiple employers • Multiple short term employers (gigs) • Work for hire (independent contractor) • Self-employed business owner • Employment through an agency or firm • Unpaid employment (volunteers or unpaid interns)*: (student should be able to provide evidence from the employer to verify that he/she worked at least 20 hours per week during the period of employment)
Reporting Requirements: Post-Completion OPT Students Student must report to the DSO within 10 days: • Legal name change • Change in residential or mailing address • Change in employer, providing the employer name and employer address • Loss of employment
Additional Reporting Requirements: STEM Degree OPT Extension Students • Employer must report the termination or departure of an OPT employee to the DSO within 48 hours of the event
Travel & Re-Entry During OPT • Before the program end date--”usual” travel documents required: • Valid passport • Valid F-1 visa stamp (exception: Canadians) • Form I-20 with a valid travel endorsement signature from DSO • After the program end date: • While Post-completion OPT application is pending: “usual” travel documents* + Form I-797 receipt notice • After Post-completion OPT application has been approved: “usual” travel documents* + unexpired EAD + evidence of employment *Form I–20 must be signed for re-entry by the DSO within the last 6 months.
Travel While on OPT (continued) • Potentially higher risk of visa denial if applying for a new visa during a period of Post-completion OPT authorization • Travel is not advised for students during Cap-Gap OPT Extension period due to pending change of status (F1H1B) request and “last action” rules
Questions? Email Heather Loughrey at hloughrey@sfc.edu or stop by room 2302