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OPT: Optional Practical Training Seminar

OPT: Optional Practical Training Seminar. OPT: Optional Practical Training. Authorization for pre or post-completion employment directly related to your program of study. Employment is: Temporary Initial authorization up to 12 months

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OPT: Optional Practical Training Seminar

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  1. OPT: Optional Practical Training Seminar

  2. OPT: Optional Practical Training Authorization for pre or post-completion employment directly related to your program of study. Employment is: • Temporary • Initial authorization up to 12 months • It may however lead to a H-1B temporary work visa • Optional • Not part of a curriculum • In major field of study (item 5 on I-20) • Cannot be minor /previous major if different than current major • Job offer is not necessary for employment authorization approval • Authorized by USCIS (US Citizenship & Immigration Services)

  3. Eligibility Requirements • Maintaining continuous lawful F-1 status • Employment will occur after completion of at least 1 full academic year in status(consecutive Fall & Spring semester) • Intend to get a job directly related to your program of study • Have not completed a higher degree level than your current degree level • Have not completed more than 364 days of full-time Curricular Practical Training (CPT) at this degree level • Have not utilized an equivalent of 12 months of OPT work authorization for the same degree level or higher

  4. When Initial OPT Can Occur • Prior to Degree Completion • Part-time or Full-time: During annual vacation • Part-time: While school is in session • Full-time: Coursework completed. Only thesis/dissertation or an equivalent remains • After Degree Completion • Full-time: All degree requirements completed

  5. Pre-Completion OPT vs. Post-Completion OPT

  6. Duration of OPT • 12 months of initial OPT is available per higher degree level • Maximum initial work benefit: 12 months of employment • Pre-completion OPT is subtracted from the 12 month initial benefit and only the remaining benefit can be utilized after degree completion • Pre-Completion OPT: Part-time OPT subtracted at ½ rate • Post-Completion OPT: Part-time and full-time OPT are subtracted at full-time rate • Post-Completion OPT must be completed by no later than 14 months after your program end date regardless of the OPT employment start date OPT must be completed by no later than July 13, 2013 GraduateMay 15, 2012 July 14, 2012 May 14, 2013 60 Day period to select OPT start date If you apply during the 60 day period following graduation, you will lose OPT time

  7. When to Apply for OPT USCIS application processing may take 3 months so plan ahead and submit applications early. • Pre-Completion • During 1st year: As early as 90 days before completion of your first academic year in status • After 1st year: As early as 90 days prior to the work authorization date you are requesting. • Post-Completion • As early as 90 days prior to your program completion date. Your application must be received by USCIS by no laterthan 60 days after your program end date. Full-Time vs.

  8. OPT Request Process: Preliminary Steps • Undergraduate Students Only: • Obtain your Degree Audit from the Registrar’s Office • - Must indicate your upcoming degree completion. • Obtain Your Enrollment Certification from the Registrar’s Office • Must indicate full-time for every semester in F-1 status • Obtain a signed Recommendation Letter on department letterhead from your Major Professor • The letter must include the following information related to your academic program: your full name; undergraduate or graduate status; degree level, academic program of study; whether you have completed all degree requirements, completed all of your course work for your degree, or still have course work remaining; if applicable, confirmation that you have established a defense committee and defense date; your expected date of degree completion/graduation. Please be sure to utilize the template that best reflects your OPT request--OPT after the completion of degree; OPT after the completion of course work with thesis/dissertation remaining; or OPT during a vacation period.

  9. OPT Request Process: Preliminary Steps Continued OPT After Completion of Degree: This letter is written to confirm that the above named student will complete/has completed all requirements for a Doctoral/Master’s/Bachelor’s degree in student’s major/program of study at SUNY College of Environmental Science and Forestry on month/ day/ year. OPT After Coursework Complete; Thesis/Dissertation Remaining: This letter is written to confirm that name of student is a full-time undergraduate/graduate student in good standing at SUNY College of Environmental Science and Forestry and has completed all course requirements for a Doctoral/Master’s/Bachelor’s degree in program of study. S/he is currently working on her/his thesis/dissertation and is expected to complete her/his degree on month/ day/ year. OPT During a Vacation Period: This letter is written to confirm that name of student is a full-time undergraduate/graduate student in good standing at SUNY College of Environmental Science and Forestry and is expected to complete all requirements for a Doctoral/Master’s/Bachelor’s degree in program of study on month/ day/ year. The Department of program of study recommends that s/he seek Optional Practical Training authorization in order to engage in full-time/ part-time employment related to her/his program of study during her/his vacation period from month/ day/ year to month/ day/year. We consider such an experience to be beneficial to her/his academic program of study. • Obtain the Associate Provost for Instruction’s signature on the Recommendation Letter (227 Bray Hall) I have reviewed the advisor recommendation above and verify the accuracy of the aforementioned student’s academic program details. I agree that this student should seek Optional Practical Training authorization. Thank you for your assistance in issuing an I-20 that recommends Optional Practical Training.

  10. OPT Request Process: Make an appointment with the Coordinator of Int’l Ed and bring the following: • Signed OPT Recommendation Letter on department letterhead • Enrollment Certification • $380 Check/Money Order payable to the “US Department of Homeland Security" • - On the “For” line, note “OPT: First and Last Name (I-94 #)” • OPT: Lisa Simpson (12245678900) • Two identical passport photos taken within the last 30 days - Write your I-94 number & name on the back of the photos • Photocopy of health insurance card/plan with MedEx - If your plan does not include MedEx (e.g., GSEU), you may purchase a supplemental MedEx plan for $6.25/month from the Cashier’s Office. Full-Time vs.

  11. OPT Request Process: • OPT Request Form Requested Initial Employment Start Date For post-completion OPT: Any date within 60 days of your program completion date - If your OPT is not approved by the start date you requested, USCIS will adjust your OPT start and end date in order to give you the maximum OPT benefit that you are entitled to. Initial OPT Requested Employment End DateNo later than 12 months from your start date (minus any pre-completion OPT time) and within the 14 months from your program end date Full-Time vs.

  12. OPT Request Process Continued • OPT Student Responsibility Checklist

  13. OPT Request Process Continued • Original & photocopy of all I-20’s (p. 1 & 3 only) • Original & clear photocopy of your passport identity page and expiration date page (if different) • Original & clear photocopy of your I-94 card front and back • Original & clear photocopy of your visa • If applicable, clear copy of previously issued EAD card(s) • - e.g. previous OPT, economic hardship employment during your current F-1 status • G-1145, E-Notification of Application/Petition Acceptance • - If you wish to be notified (email or text) that USCIS has received your application

  14. OPT Request Process Continued • Form I-765, Application for Employment Authorization • - Type information into the form and sign in blue ink • Item 3: US Address - Mailbox must be serviceable; USCIS does not forward mail. Item 11: Previous Employment Authorization Item 16: Eligibility Category CPT doesn’t apply since it is not authorized by USCIS For Pre-Completion OPT: (c)(3)(A) For Post-Completion OPT: (c)(3)(B) For 17-Month STEM OPT Extension: (c)(3)(C)

  15. OPT Request Process Continued You are responsible for mailing your completed application to the appropriate USICS Lockbox or Service Center. - Application must be received within 30 days of the date the OPT I-20 was issued. Full-Time vs. It is recommended that applications be sent by certified mail with a return receipt so that you can track the delivery of your application to USCIS.

  16. If, after applying for OPT, you learn that you have to take another class… Your OPT is based on your having completed your degree (undergraduate students) or at least your coursework (graduate students).  If you learn that you must take an additional course in order to graduate, then you must: • Make an appointment to meet with the Coordinator of Intl Ed • If USCIS has not yet processed your OPT application, request a withdrawal. If successful, you can reapply for OPT with a later start date. There is no guarantee USCIS will honor your request. • If USCIS has already approved your OPT, then you cannot withdraw your application. You may only work 20 hours or less on your OPT until you have completed your required course. You must complete an I-20 extension request so that your program end date can be extended. • Students in STEM fields cannot apply for a STEM extension unless they have earned their degrees. Full-Time vs.

  17. Canceling or Withdrawing your OPT Request • Prior to mailing application: Submit a cancelation of OPT request letter to OIE; a new I-20 will be issued to you. • After mailing application but before adjudication: Schedule an appointment with the Coordinator of Int’l Ed; bring you original withdrawal request and a copy of your withdrawal request. The cancelation and withdrawal request should contain: • Subject line of "Re: I-765 Withdrawal" • Biographical info including your: full name, date of birth, and SEVIS ID number • The receipt number for the I-765 application (Form I-797) and a copy of it • A request that the Form I-765 application for OPT be withdrawn • Your signature There is no guarantee that your request will be honored. Full-Time vs.

  18. The Receipt Notice & Checking the Status of your Application USCIS will send a Receipt Notice (Form I-797) to the address indicated on the I-765 within 3 weeks of receiving your application. • Check the information on the notice to ensure that it is correct • Checking the Status of your Application: • Access the USCIS Case Status Search Page https://egov.uscis.gov/cris/caseStatusSearchDisplay.do • Enter your “EAC, WAC, LIN or SRC Application Receipt Number” e.g.: EAC 0123456789 It will inform you if your application is in process, if they have requested further information, or if it has been approved or mailed. Full-Time vs.

  19. I-765 Pending More Than 90 Days If your application is still pending 90 days from the received date on your receipt notice, either: • Call the National Customer Service Center at 1-800-375-5283 • to request a referral to the Service Center and an expedite.  - Note the day and time of the call, the Officer's name and the referral ID number. The Service Center should respond within five business days. • Make an appointment with Info Pass. - Indicate that “It has been more than 90 days since you filed an I-765 and you did not receive an Employment Authorization Card.” If no response is given within 5 business days, email cmsalter@esf.edu with: your full name, date of birth, citizenship, USCIS receipt number (starting with EAC.), USCIS receipt notice date, date and time you contacted USCIS to request expeditious handling, and the name and referral ID number of the officer with whom you spoke (if you called). Full-Time vs.

  20. EAD: Employment Authorization Document USCIS work authorization is issued in the form of An Employment Authorization Document (EAD). Full-Time vs. It indicates the period an authorized F-1 student is eligible to work in the United States.

  21. Work Authorization You may have multiple jobs and change jobs as long as each job is directly related to your major area of study and you report changes in employment to OIE. If you lose your EAD card: You may continue working with your same employer as long as it is still within the authorization period. If you plan to change employers or travel, you must obtain a new EAD card by submitting a new application and fee to USCIS. Full-Time vs.

  22. Maintaining Status on OPT In order to begin working: You must have received your EAD card; AND It must be the day of or any day after the EAD start date within the work authorization period Employment is required to maintain F-1 status while on OPT. - Must report employer contact information to OIE within 10 days of starting, changing, and ending employment via email - Cannot accumulate more than 90 days (aggregate) of unemployment during initial OPT authorization period. Full-Time vs.

  23. Acceptable Employment During Initial OPT Authorization • Regular Paid Employment • Directly related major and at least 20 hrs/wk • Payment by Multiple Short-Term Multiple Employers • Obtain offer letter and maintain a list of all short-term employment including the employer’s contact information and the dates and duration of employment. • Work for Hire (1099 employment) • An individual performs a service based on a contractual relationship rather than an employment relationship. Must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. • Self-Employed Business Owner • Students on OPT may start a business and be self-employed. Must work full-time and be able to prove you have the proper business licenses and that work is degree-related. • Employment through an Agency • Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency. •  Volunteers or Unpaid Interns • Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment. Full-Time vs.

  24. Health Insurance While on OPT SUNY-ESF OPT participants are able to continue their health insurance with the SUNY International Health Insurance Program (HTH). Eligible dependents of OPT participants may enroll via the standard dependent- enrollment process by completing the dependent enrollment form and rendering payment in form of check or money order directly to the insurance carrier as stipulated on the enrollment form. Enroll at the Cashiers Office (102 Bray Hall)- $92.50/monthThe Policy Certificate is online at: http://www.haylor-college.com/studentpages/pdfs/USAstudents/11-12SUNYIBOPTCERT.pdf Coverage Periods Your coverage start date must be the day after your current insurance coverage ends; you must renew your insurance with no gaps between coverage periods until you no longer need the insurance or your OPT period ends.

  25. Responsibilities While Authorized for OPT • Submit copy of EAD to the Office of Int’l Ed - E-mail Scanned Copy to: cmsalter@esf.edu • Obtain a job in your major field of study. • Work only within the authorized work period. • Report all employers, any changes of name, address, email address, and interruptions of employment within 10 days of change to OIE via email. • If traveling, obtain advisor’s signature no older than 6 months from the day you plan to re-enter the U.S. • OPT is terminated if your SEVIS record is transferred to another institution to begin a new program of study. Full-Time vs.

  26. Travel While Authorized for OPT Pre-Completion OPT • Travel & entry requirements not impacted by OPT • Post-Completion OPT • While OPT is approved: • - I-20 endorsed for OPT • - Valid Visa • - EAD card • - Valid Passport • - Job offer letter • - I-94 Card • - Travel signature (only 6 month validity while on OPT) • While OPT is pending: Travel is not recommended. If you disregard this advice: • - Documents listed above • - Application receipt in place of EAD Full-Time vs.

  27. Cap Gap Relief Students from any degree field can benefit from this provision intended to eliminate the Cap-Gap (time between end of F-1 status and start of H-1b). Duration of status and, if applicable, work authorization is extended for F-1 students on OPT whose employer has: • Filed a timely H-1B petition requesting a change of status; and • - A change of status in lieu of consular notification can currently be requested. • Requested a start date of October 1 of the next fiscal year If an H-1b petition is pending beyond 10/1, a student may remain in the US but must stop working until the H-1b is approved. Extension of status and work authorization are automatically terminated upon rejection, denial, or revocation of H-1b petition. The 60 day grace period begins immediately following such an action.

  28. Requesting a Cap Gap I-20 Students are responsible for remaining in contact with the petitioning employer to obtain updates on the status of the H-1b Petition. Students are also responsible for requesting a Cap Gap I-20. • Email scanned copies of the documents below to cmsalter@esf.edu with the subject: “Attn: Cap-Gap Relief I-20 Request”: • Your H1B approval notice (if you have not received the approval notice then send the receipt notice) • Your EAD which shows OPT end date prior to October 1 • Your University ID card/ number • Mailing address (and credit card details if requesting express mailing) • OIE will request a SEVIS datafix and issue a new I-20; this may take up to 1 month. Your status and work authorization will remain valid while the request is pending.

  29. STEM 17 Month OPT Extension Some students may be eligible for a one-time 17 month OPT extension if all filing criteria are met. Student Requirements: • Completed a BS, MS, PhD in qualifying STEM program • - ESF Majors: 14.xxxx; 26.xxxx; 40.xxxx • - Catch-all categories (e.g., Engineering, other) with CIP codes that end in .xx99 not eligible • - ESF Majors: Env. Forest Biology; Paper & Bioprocess Engineering; Env. & Forest Chemistry • Currently engaging in Post-Completion OPT • Have job/ job offer with E-Verify employer • Have maintained continuous, valid F-1 status • - Including reporting all changes of personal and employment info • Have not accumulated more than 90 days of unemployment • Have not previously received a STEM extension • Submit a timely STEM extension application • - Prior to EAD expiration: Preferably 120-90 days before OPT end date

  30. STEM Eligibility Requirements Continued Employer Requirements • Must be currently registered and in good standing with the USCIS E-Verify program • - Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA)--currently free to employers and available in all 50 states.  • - As a participant in E-Verify, employers are required to verify all newly hired employees, both U.S. citizens and non-citizens. • Employer must provide E-Verify Company/Client Identification Number to applicant as it must be entered onto the I-765 application form • Employer must agree to report termination or departure of STEM applicant employee to the Office of Intl Ed via email/ mail

  31. Requesting a STEM I-20 If you are not working in the Syracuse-area, submit scanned copies of the documents below via email to cmsalter@esf.eduwith “Attn: STEM Extension Application” as the email subject. A new I-20 for the STEM extension will be issued and mailed to you. • Official transcripts or copy of your diploma if it indicates the program of study • Current EAD card (front & back) and any previously issued EAD cards related to your current status • Passport • Visa • I-94 card (front & back) • Recommended, But Not Required: Statement from your employer indicating how your employment relates to the STEM field indicated on your I-20

  32. Requesting a STEM I-20 Continued • G-1145, E-Notification of Application/Petition Acceptance • Form I-765, Application for Employment Authorization • - Type information into the form and sign in blue ink Item 16: Eligibility Category E-Verify Employer Info c 3 C Consult with employer for: Employer Name and Identification Number

  33. Requesting a STEM I-20 • STEM Extension Request Form with Student Responsibilities Checklist While on OPT (initial, STEM extension, and during cap-gap relief extension), you are still in F-1 status. Accordingly, you must continue to abide by the rules and regulations governing your visa status and report required information to the Office of International Education. Please carefully read the statements below and place a check mark in the box next to each statement. Sign at the bottom of the page. Your check marks and signature indicate your understanding and agreement to abide by the statements made. STEM Optional Practical Training Extension (including cap-gap relief if applicable) I understand that my passport must be valid at the time of applying for a STEM extension and it is my responsibility to maintain passport validity throughout the duration of my OPT authorization. I understand that a 17 month STEM OPT extension will be recommended by the Office of International Education on a new I-20 and acknowledge that this does not ensure STEM extension approval. I understand that I must meet all extension requirements including being employed with an employer who is part of the E-verify program in order to be granted a 17 month STEM extension. I understand that the USCIS may refuse to grant a STEM extension if I do not submit all of the required application materials. I understand that my STEM extension materials must be timely filed and received by the USCIS Service Center with jurisdiction over my current place of residence prior to my initial OPT EAD authorization end date in order to be eligible for the automatic extension of status and work authorization until a final decision on the I-765 or for 180 days (whichever comes first). I understand that USCIS and SEVP advise against changing employers while the I-765 is pending, since the I-765 names a specific employer and that I should consult with an attorney regarding the effect of changing to an employer that is not the employer named on the I-765 while my I-765 is still pending.

  34. STEM Application Materials • Compile all of the application materials: • $380 check/money order payable to: “ US Department of Homeland Security" • Two passport photos taken within the past 30 days; • G-1145, E-Notification of Application/Petition Acceptance (optional) • Completed and signed Form I-765 (original); • Official transcripts or copy of your diploma if it indicates the program of study; • One clear photocopy of your current EAD card (front & back) and any previously issued EAD cards related to your current status; • One clear photocopy of your new SEVIS I-20 (with recommended OPT Extension dates- see p. 3 of I-20); • Clear photocopies of all of your previous SEVIS I-20's (pp.1&3’s); • One clear photocopy of your visa; • One clear photocopy of your passport (bio info & expiration page); • One clear photocopy of the front and the back of your I-94 card; and • Recommended, But Not Required: Statement from your employer indicating how your employment relates to the STEM field indicated on your I-20

  35. STEM Application Materials • Compile all of the application materials: • $380 check/money order payable to: “ US Department of Homeland Security" • Two passport photos taken within the past 30 days; • G-1145, E-Notification of Application/Petition Acceptance (optional) • Completed and signed Form I-765 (original); • Official transcripts or copy of your diploma if it indicates the program of study; • One clear photocopy of your current EAD card (front & back) and any previously issued EAD cards related to your current status; • One clear photocopy of your new SEVIS I-20 (with recommended OPT Extension dates- see p. 3 of I-20); • Clear photocopies of all of your previous SEVIS I-20's (pp.1&3’s); • One clear photocopy of your visa; • One clear photocopy of your passport (bio info & expiration page); • One clear photocopy of the front and the back of your I-94 card; and • Recommended, But Not Required: Statement from your employer indicating how your employment relates to the STEM field indicated on your I-20

  36. Submitting the STEM Application You are responsible for mailing your completed application to the appropriate USICS Lockbox or Service Center. Submit a copy of your new EAD card cmsalter@esf.edu with “Attn: STEM EAD Card” as the email subject.

  37. Maintaining F-1 Status While on STEM Extension • Cannot accrue a total of 120 days of unemployment over the 29 month OPT period • Reporting Requirements: Stem Extension- Cap Gap Relief • - Report the following within 10 days of the change: legal name, residential or mailing address, email address, employer name, employer address - Must report above info to OIE every 6 months even if there is no change • Automatic extension of status and work authorization up to 180 days while a timely filed STEM extension OPT application is pending • Can still benefit from the cap-gap provision

  38. I-9, Social Security, & Taxes • I-9: All employees in the U.S. must complete Employment Eligibility Verification I-9 Forms with their employers within 3 days of starting employment. • Social Security: Employment in the U.S. requires a Social Security Number (SSN). If you do not have an SSN, you must have the SSN memocompleted for you (by employer and SCIS) and apply for a SSN • Taxes: Social Security and Medicare Taxes Typically, non-resident F-1 students with authorized CPT or OPT are exempt from Social Security (F.I.C.A) and Medicare taxes as long as you continue to declare non-resident status for tax purposes. Federal, State, and Local Taxes Federal, state, and local taxes will be withheld from your paycheck by employers unless you qualify for a tax treaty exemption. (More information also available at the IRS website) Full-Time vs.

  39. Questions? Additional Information online at: http://www.esf.edu/international/OPT.htm and http://www.esf.edu/international/STEM.htm

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