2. Types of F-1 Work Permission
1. On-campus employment
2. Off-campus employment
a) Practical training [8CFR214.2(f)(10)]
i. Curricular Practical Training (CPT) “…integral part of an
established curriculum.” [8 CFR 214.2 (f)(10)(i)]
ii.Optional Practical Training (OPT) [8 CFR 214.2 (f)(10)(ii)]
A. Pre-completion
B. Post-completion
C. 24 Month STEM OPT Extension
b) Severe Economic Hardship [8CFR 214.2(f)(9)(ii)(F)]
c) Internship with an international organization: employment by a
recognized international organization within the meaning of the
International Organization Immunities Act (59 Stat. 669)
[8CFR214.2(f)(9)(iii)]
Spring 2018 F-1 OPT Workshop 2
3. Optional Practical Training
What is OPT?
• Temporary employment authorization that is directly related to
your major field of study.
• It is a benefit of F-1 status
– OPT requires Department of Homeland Security (DHS) U.S.
Customs and Immigration Services (USCIS) authorization.
Spring 2018 F-1 OPT Workshop 3
4. Optional Practical Training
Eligibility requirements:
Students must:
– Have completed one academic year of full-time study,
by the time OPT begins, AND
– be in F-1 status at the time of application, AND
– be in good academic standing and making regular
progress toward finishing your degree, AND
– not have already used 12 months of OPT at the
current degree level.
– You do not need a job to apply.
Spring 2018 F-1 OPT Workshop 4
5. When can you use OPT?
• Pre-completion: before you graduate*
– During the semester (part-time)
– Summer (part-time or full-time)
• Post-completion: after you graduate
– Full-time only
*Most students will qualify for Curricular Practical Training (CPT)
for summer internships, allowing you to save your OPT until after
graduation.
Optional Practical Training
Spring 2018 F-1 OPT Workshop 5
6. How long does it last?
• 12 months of OPT per degree level
– OPT does not accumulate: USE IT OR LOSE IT
• OPT automatically ends when you transfer to a new
school or begin a new degree program at YU.
Optional Practical Training
Spring 2018 F-1 OPT Workshop 6
7. Optional Practical Training
When Should You Apply for Post-OPT?
• 90 days before program completion through 60 days after
program completion.
• You have a 150 day window to submit a post-OPT
application to U.S. Customs and Immigration Services
(USCIS)
• You do not need a job to apply! Apply early!
• Check your I-20 end date to help count days. The I-20 end
date will be shortened if you are completing early. In
general:
– May completion: (usually May 31)
– December/January completion: end of the fall term
– Summer Completion: end of the summer term
Spring 2018 F-1 OPT Workshop 7
8. Optional Practical Training
When Should You Apply?
Spring 2018 F-1 OPT Workshop 9
Program Completion
May 31
Application Period:150 Days
90 days 60 days
March 3 July 30
OPT Start Date
60 days
July 30June 1
OPT Must be completed within 14 months of completion!
9. How do I apply?
• Complete the entire OPT application A list of all the documents you
must include in the application. Include two new passport photos.
– Complete the I-765 Tips for completing I-765
• Physically bring completed application to OISS
• Allow 2 weeks to process the application internally
• OISS will recommend OPT in your SEVIS record
• OISS will contact you to come in to finish the application
• Student mails application immediately to USCIS (do not file online)
– OPT Application must be received by USCIS by:
– the 30th day after OPT is recommended in SEVIS, OR
– By the 60th day after program completion, WHICHEVER DATE
IS EARLIER.
– Applications received by USCIS after the deadlines will be
denied.
Optional Practical Training
Spring 2018 F-1 OPT Workshop 10
10. Form I-765
Page 1
Spring 2018 F-1 OPT Workshop 11
If your name
doesn’t fit, hand
write it. Do not
enter in box 2.
Make sure your
address will be
active for at
least 6 weeks.
NEW!
Apply for
social security
number when
you apply for
OPT!
11. Form I-765
Page 2
Spring 2018 F-1 OPT Workshop 12
Field 20:
Pre-OPT C3A
Post-OPT C3B
STEM OPT C3C
Print and sign
in ink, inside
the box!
12. Optional Practical Training
What Happens After I Mail My OPT
Application?
• You should receive a receipt in the mail from USCIS in about
4 weeks.
• The receipt will include a case number.
• Track the progress of your application by entering your receipt
number in the case status field on the USCIS website.
• OPT applications usually take 90 days but can take longer.
– It is not possible to expedite OPT applications
– Do not inquire before 75 days from the receipt date
• Please be patient!
Spring 2018 F-1 OPT Workshop 13
13. Optional Practical Training
What Happens Once OPT is Authorized?
• EAD and I-797A approval notice will arrive by mail, separately.
• You may begin working once you receive the EAD and you reach the start
date on card, whichever is later.
• Social Security Number: if you applied on I-765, SSA will mail card within
10 business days of OPT approval.
• Unemployment: full-time employment (>20 hours per week) is required to
maintain legal F-1 status once OPT begins. Students are limited to 90 days of
accrued unemployment.
• While on OPT, all students are required to report within 10 days:
• any change of legal name or address
• any change or interruption of employment
• Please let us know about any changes to your immigration status or if you
decide to leave the U.S. before the end date on your EAD.
Spring 2018 F-1 OPT Workshop 14
14. Sample EAD
Spring 2018 F-1 OPT Workshop 15
“Not Valid for
Reentry to U.S.”
means that you
cannot enter the
U.S. with only the
EAD. You also
need a passport,
visa, and signed
I-20.
15. Post-OPT and Travel Outside the U.S.
[8 CFR 214.2 (13) ]
1. Travel before program completion is the same as usual.
2. Travel after completion a list of required and recommended
documents is on the OISS website. I-20 travel signature
required every 6 months during OPT
3. Students are urged not to leave the U.S. until OPT is approved
if your F-1 visa has expired.
4. Students with an expired F-1 visa should speak with the OISS
prior to traveling.
5. ONCE OPT IS APPROVED, THE EAD BECOMES A
REQUIRED DOCUMENT FOR REENTRY TO THE U.S.
Spring 2018 F-1 OPT Workshop 16
16. Optional Practical Training
Common Pitfalls
• Application received at USCIS more than 30 days after OPT was recommended in SEVIS:
result: OPT will be denied.
• Poor photo quality (SHADOWS); TAKE OFF YOUR GLASSES
• Use newest version of Form I-765
• Check ($410) drawn on a foreign account, bounced check, check not correctly written. If
in doubt, obtain a money order from a post office or a bank check.
• Incorrect local mailing address
– Make sure you include a reliable mailing address on Form I-765, valid for at six
weeks (or until you receive the application receipt). You name should be on the
mailbox.
– All USCIS correspondence will be mail to the address you provide on the I-765
application.
• If you call the USCIS National Service Number and are asked to verify your address,
provide the address on your I-765, unless you have actually moved.
• If you must leave the U.S. after graduation before you have the EAD, have someone you
trust check your mail every day.
F-1 OPT Workshop 17
17. Optional Practical Training
OF NOTE:
• New: pay by credit card using form G-1450
• March 23, 2018: SEVP SEVIS portal launch: students will be able
to update their local address and report OPT Employment.
Maintain email addresses.
• Maintain health insurance!!!
• Do not wear glasses when you take passport photos
• SEVIS is tracking unemployment days. At some point the SEVIS
system will auto-terminate F-1 status. Remember to report your
employment.
Spring 2018 F-1 OPT Workshop 18
18. Thank you
• While on post-OPT you are still an F-1 student and still
under YU student immigration sponsorship.
• Feel free to contact our office for assistance with any F-1
non-immigrant concerns.
• Good luck and thank you for being a part of the Yeshiva
University community.
Spring 2018 F-1 OPT Workshop 19
Notes de l'éditeur
Several different types of off-campus employment authorization: The first are very difficult to get approved
214.2(f)(9)(ii)(C)
(C) Severe economic hardship.
If other employment opportunities are not available or are otherwise insufficient, an eligible F-1 student may request off-campus employment work authorization based upon severe economic hardship caused by unforeseen circumstances beyond the student's control. These circumstances may include loss of financial aid or on-campus employment without fault on the part of the student, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of the student's source of support, medical bills, or other substantial and unexpected expenses.
214.2(f)(9)(iii)
(iii) Internship with an international organization. A bona fide F-1 student who has been offered employment by a recognized international organization within the meaning of the International Organization Immunities Act (59 Stat. 669) must apply for employment authorization to the service center having jurisdiction over his or her place of residence. A student seeking employment authorization under this provision is required to present a written certification from the international organization that the proposed employment is within the scope of the organization's sponsorship, Form I-20 ID or SEVIS Form I-20 with employment page completed by DSO certifying eligibility for employment, and a completed Form I-765, with required fee as contained in §103.7(b)(1) of this chapter.
Then there is Practical Training Authorization:
Today we will be focusing on Post-Completion OPT
On-campus employment must either be performed on the school's premises, …or at an off-campus location which is educationally affiliated with the school.” [8 CFR 214.2 (f)(9)]
CPT: Work that is required to graduate or an established internship opportunity, a course for which a student can register, available to all students.
OPT: training directly related to the student's major area of study.
Pre-completion: Part-time while school in in session, full-time during vacations and holidays. If you don’t qualify for CPT, you may qualify for OPT.
FOCUS TODAY ON Post-completion OPT. Answer questions about other types of employment authorization as time permits.
Benefit – not a right. It is approved 99.9% of the time, there are times when it could be denied. Usually when the application process is not followed correctly.
214.2(f)(10)
(10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year.
Eligibility: One year programs, ok to apply before one year, but must have completed 2 terms by the start of OPT
School transfers – 12 months per level, not per school
When can you use OPT?
PRECOMPLETINON
Once an F-1 student has met the one academic year requirement, you may apply for OPT both during and after completion of your degree.
Must be at immigration by July 30
Program completion – may or may not be consistent with the end date on your I-20. If you finished early, your I-20 will be shortened to be consistent with your actual program completion date.
Program completion has nothing to do with your visa in your passport. It is activity. F-1 student activity.
Pre-completion – may apply up to 90 days before you want your OPT to start
STEM – no time frame in the regulations
If you have a job – select an earlier start date
If you do not have a job – select a later start date.
You can apply as early as March 3 with a start date as a late as July 30.
Must be at immigration by July 30
GO to OPT application
Go to I-765 online BLACK INK. Sign with the lines
Copies of all previously issued Forms I-20
A statement from Cardozo confirming your expected program completion date and/or recommending you for OPT.
Copy of passport identity (photo) page
Copy of your most recent Form I-94 Arrival/Departure card (front and back sides)
Copy of F-1 visa
Copy of any previously issued Employment Authorization Documents (EADs)
$380 check or money order payable to: U.S. Department of Homeland Security
2 color passport photos, size 2 inches by 2 inches, taken within 30 days of filing application. Please write your name and I-94 number on the back of each photo, lightly, in pencil. Keep the photos in the processing envelope from the store. Detailed photo instructions are on page 6 of the I-765 instructions. (Please see link below.)
Optional: Form G-1145 Notification of Application/Petition Acceptance. (USCIS will send the applicant a text or email once application is received.)
Copy of new Form I-20 recommending OPT, signed by Designated School Official (DSO) and F-1 student
Must be at immigration by July 30
Must be at immigration by July 30
Once approved two pieces of mail.
“Temporary absence from the United States of F-1 student granted employment authorization. (i) A student returning from a temporary trip abroad with an unexpired off-campus employment authorization on his or her I-20 ID may resume employment only if the student is readmitted to attend the same school which granted the employment authorization.” [8 CFR 214.2 (13) ]
(ii) An F-1 student who has an unexpired EAD issued for post-completion practical training and who is otherwise admissible may return to the United States to resume employment after a period of temporary absence. The EAD must be used in combination with an I-20 ID endorsed for reentry by the DSO within the last six months.
CBP policy: can come in with receipt showing that you applied, before it is approved. Once it is approved, you must have the card, and a job.
Tolerance for risk!!