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Optional Practical Training for F-1 Students

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

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Optional Practical Training for F-1 Students

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

  2. 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)

  3. 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.

  4. 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.

  5. 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.

  6. Optional Practical Training

  7. 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!

  8. 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 • Indicate your preferred OPT start date prior to requesting your OPT I-20 from OU ISS • Last possible date to start OPT: 60 days after end of semester

  9. What are the OPT reporting requirements? • Student must routinely report US employer work address and personal address to OU ISS • Student must report start and end dates of any period of unemployment to OU ISS • Information is reported in SEVIS by OU ISS • 90+ days of unemployment = F-1 status violation; but OU ISS will not terminate your SEVIS record. • US employer must report to OU ISS the departure of F-1 student within 48 hours

  10. IMPORTANT INFORMATION FOR GRADUATE ASSISTANTS If 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

  11. F-1 to H-1B status Key Concepts: OU charges work authorization extension fee of $100 for OPT “cap gap” extensions and OPT STEM extensions. This fee is for the maintenance of your SEVIS record while on the OPT STEM extension.

  12. 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

  13. Transition from [F-1student] to [H-1B employee] – typical timeline H-1B receipt notice issued 3 Jun 2015 Cap gap extension of OPT: 9 July 2015 to 30 Sep 2015 F-1 student graduates! 15 May 2014 F-1 status H-1B status OPT starts 10 Jul 2014 Initial OPT ends 9 July 2015 H-1B petition submitted 1 Apr 2015 10 Jun 2015 – student contacts OU ISS for cap gap extension H-1B starts 1 Oct 2015 Student wows employer with performance!

  14. 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 STEMdegrees 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 = F-1 status violation

  15. Frequently Asked Questions • Can I get more OPT at a later date? • Can my OPT be cancelled? • Can I study while on OPT? • Can I change employers during OPT? • Can I travel out of the US while on OPT? • Do I get a grace period after OPT?

  16. FAQ 1: Can I get more OPT at a later date? • Yes, in some cases. • 12 full months of full-time OPT perdegree; 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

  17. 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 after EAD card is issued • If you choose to withdraw your OPT application, your I-20 must be extended to a new program completion date. • Can take months to resolve on-campus employment and status issues • Must pay USCIS 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.

  18. 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

  19. 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.

  20. 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

  21. 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.

  22. OPT application procedures Submit to OU ISS (no appointment necessary): • Academic Advisor recommendation form • Personal contact information form • Verify completion of OPT workshop Meet with OU DSO to sign new I-20 for OPT application prior to submission to USCIS

  23. OPT application procedures Submit to USCIS: • 2 pictures • Check or money order for $380 payable to Department of Homeland Security • Completed I-765; for initial one-year period of post-completion OPT , indicate ( c ) ( 3 ) ( B ) • I-20 (copy) • Passport copy • Visa copy • I-94 card copy • Prior EAD copy (if applicable)

  24. Notes on OPT application procedure • USCIS receipt notice • Receipt number - track application status on www.uscis.gov • 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 status.

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