Application for F-1 Optional Practical Training (OPT) Employment Authorization

Transcription

1 LIM College International Student Services th avenue, 7 th floor iss@limcollege.edu T: Application for F-1 Optional Practical Training (OPT) Employment Authorization APPLICATION CHECKLIST Below are the documents that you must bring to The Office of ISS for review. Please contact The Office of ISS to schedule an appointment once you have assembled the following documents: 1. OPT Request Form (page 5) 2. Academic Advisor s Certification (page 6) 3. Acknowledgement of Responsibilities (page 7) 4. Form G-1145 (fill in black ink) 5. Form I-765 (fill in black ink) 6. All previous Forms I-20 issued to you 7. Photocopies of any previously issued EAD cards (if applicable) 8. Photocopy of passport 9. Photocopy of visa 10. Form I-94 ( 11. Two passport style photographs (2x2) 12. $410 Fee in the form of a check or money order payable to U.S. Department of Homeland Security.(You do not need to bring the actual check or money order in to the DSO for your initial consultation.) For detailed instructions, please see below. 1

2 COMPLETE THE FOLLOWING APPLICATION FORMS: Optional Practical Training (OPT) Request Form (page 5 of this application): Item #1: Expected date of completion of studies: The earliest your application may be submitted to the government (USCIS) for Post-Completion OPT is 90 days before this date. The latest you can submit your application is 60 days after this date. Item #2: Indicate what type of OPT you are applying for and the dates you want to work. Tell us how much of your 12-month OPT benefit you have already used for this program, if any. Item #3: If you have been authorized for OPT for your current education level, tell us when it was authorized and the start and end dares as they appear on your EAD(s). Item #4: Describe how your proposed employment for practical training is directly related to your major and appropriate for your level of education. Take time to do this carefully. Do not say you are seeking an entry-level job in your major. Your description must clearly explain to an Immigration Officer what you expect to DO on the job you are seeking. Do not use any abbreviations or acronyms in your description. Obtain your Academic Advisor s Certification (page 6 of this application). Acknowledgement of Responsibilities for Maintaining F-1 Status While on Optional Practical Training (page 7 of this application) Please read the form carefully and make sure you understand each item completely prior to signing. If you have any questions, ask before signing. Form G-1145: E-notification of Application/Petition Acceptance Use this form to request an electronic notification to your phone and when USCIS accepts your application. This form is not required. This form can be filled and printed at Form I-765: APPLICATION FOR EMPLOYMENT AUTHORIZATION. The latest I-765 and application and instructions brochure can be filled and printed at U.S. Citizenship and Immigration Services site at The I-765 form is used not only for students but for other visa types, therefore, please read the instructions carefully for those sections which only apply to you as an F-1 student. Briefly, you can expect to complete items Some notes on some elements on the form include: Item #3: Address. This is the address where your notice will be mailed. Make sure that you may continue to receive mail at this address for the next several months. It need not be where you currently reside. Item #10: I-94 Number. Indicate ALL the numbers on your latest I-94 card, including any trailing digits. Form I-94 can be retrieved at Item #11: If you have ever applied for hardship or optional practical training employment before, answer yes, where and when you applied, whether it was granted or denied and attach a photocopy of any EAD 2

3 card issued for it. Note that Curricular Practical Training (CPT) is not to be reported unless you have accrued at least 12 months of full time CPT at your current degree level. Item #16: Enter the code that applies to the type of OPT you are requesting. The code for Post Completion OPT is - (c) (3) (B) Your Certification: Fill in and sign in black ink, and do not forget to enter your telephone number and the date. ATTACH THE FOLLOWING DOCUMENTS TO YOUR APPLICATION AND BRING TO INTERNATIONAL STUDENT SERVICES OFFICE: Two Passport Type Photographs. See the attached handout and the I-765 instruction sheet for very specific photo requirements. Do not assume that because the clerk says that the passport photo meets official requirements that it actually does. Put your name and SEVIS ID # (the number beginning with N on your Form I-20) on the back of each photo. Forms I-20. Photocopies of ALL previous Forms I-20 issued by us and other schools you have attended. If you are missing I-20 s, please speak with us immediately. Photocopy of any previous EAD Card(s). Photocopy of Form I-94. Form I-94 can be retrieved at Photocopies of your passport identification pages, pages indicating passport extensions, and U.S. visa page. $410 Fee in the form of a check or money order payable to U.S. Department of Homeland Security. If you are using a personal check, it must have your name and address on it. (You do not need to bring the actual check or money order in to the DSO for your initial consultation.) 3

4 INFORMATION ABOUT APPLICATION PROCESSING 1. If we determine that you qualify for Optional Practical Training Employment authorization, we will issue you a new Form I-20 with our recommendation on it and a recommendation cover letter to include from our office. We will contact you to come in and sign your new I-20. We will then prepare your packet and make copies for our records. 2. You will then send your application packet to USCIS, certified mail, return receipt requested. This must be done within 30 days of the date on your new I-20. If the application is not received in time, it will be rejected. USCIS may take up to three months to process your application. The addresses for USCIS are: For U.S. Postal Service (USPS) deliveries: US Citizenship and Immigration Services (USCIS) USCIS Dallas Lockbox P.O. Box Dallas, TX For Express mail and courier deliveries: US Citizenship and Immigration Services (USCIS) Attn: AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX USCIS will communicate with you about your application. You should receive a notice (NOA) within a few weeks indicating that they have received your application. If they need additional information, they will notify you by mail. 4. Once your application is approved, the Employment Authorization Document (EAD) card will be sent to you. Please make a copy for safekeeping, and also make a copy of both sides and send them to our office here at LIM. 5. YOU CANNOT BEGIN WORKING UNTIL YOU HAVE RECEIVED YOUR EAD CARD. 4

5 OPTIONAL PRACTICAL TRAINING (OPT) REQUEST FORM 1. PERSONAL AND PROGRAM INFORMATION: Name: Date: Local address: Phone: Fax: Alternate Non-LIM SEVIS ID#: Degree: Major: Expected Date of Completion: 2. TYPE OF OPT YOU ARE REQUESTING: Pre-Completion of Studies Full-time. Available during vacation periods or after completion of all coursework. Starting on and ending Pre-Completion of Studies Part-time. (Less than 20 hours a week) Starting on and ending Post-Completion of Studies: Starting you complete your studies up to 60 days later.. Your start date may be any date after Ending. You must apply for all of the 12-month benefit you have remaining for this program of study. Please note that USCIS may adjust the dates on its discretion. 3. If you have received OPT employment authorization for your current education level, indicate the date it was authorized and the start and end dates on your EAD(s). Note that if you received OPT employment authorization for an education level HIGHER than your current level, then you are not eligible for OPT. 4. DESCRIBE YOUR PROPOSED EMPLOYENT AND EXPLAIN HOW IT RELATES TO YOUR MAJOR. Do not say that you are seeking an entry level position that is appropriate for your skills and experience! 5

6 OPTIONAL PRACTICAL TRAINING (OPT) REQUEST FORM (continued) 5. ACADEMIC ADVISOR S CERTIFICATION NOTE: This form must be signed by your Academic Advisor if you are an Undergraduate student, and by the Dean of Gradaute Studies or Associate Director of Graduate Studies if you are a Graduate student. Applications without a signature on this form will not be accepted. I certify that Student s Name, ID# Student ID# is expected to complete or has completed all requirements for the degree of Degree in Major on End of Term Date. Advisor s Signature Advisor s Name (please print) Date 6

7 Acknowledgement of Responsibilities for Maintaining F-1 status while on OPTIONAL PRACTICAL TRAINING GENERAL REQUIREMENTS Students on OPT are still considered active to the Institution through which they were granted the OPT and are therefore still bound by the reporting requirements of active F-1 students. It is therefore very important that students abide by the following: Students must maintain legal non-immigrant status within the US for the duration of the OPT Students must report any change of address in writing to the P/DSO within ten (10) days of the change of residence Students employment must be directly related to their major field of study Students must be employed full-time (21 hours or more per week) Students cannot start employment until the start date on the EAD card Students may not be unemployed or not performing appropriate employment more than ninety (90) aggregate days out of their OPT allotment Student must report the name and address of their employer to the school within 10 days of beginning or changing employment to avoid auto termination of their SEVIS record Student must report any change to the name and address of the employer within ten (10) days of the change Student must report any interruption of such employment Students must maintain adequate U.S. based or international health insurance for the duration of OPT If the student leaves the USA with no intention to return prior to the end of the authorized OPT or for more than five (5) months, this must be reported to the P/DSO Students must keep a valid passport Students must obtain valid endorsement of I-20 (although expired) in order to travel in and out of the US every 6 months It is advisable that the student submit a copy of the I-765 Receipt to the P/DSO once it is received It is advisable that the student submit a copy of the EAD card to the P/DSO once it is received If the student decides to change status or transfer to another institution while on OPT, they should contact the P/DSO immediately REGULATIONS FOR TRAVEL WHILE ON OPTIONAL PRACTICAL TRAINING Those F-1 students whose OPT application is "PENDING" may re-enter the US (as long as visa restrictions do not apply) in order to search for employment. This means that the student will need to have: a valid passport, a valid F-1 visa, an endorsed/updated SEVIS I-20, as well as the I-765 Receipt Notice from USCIS before traveling to and from the US. In addition, LIM encourages the student also have proof that the OPT application was PENDING at the time of departure. This can be obtained by logging in to the Immigration website and verifying the status of the student s I-765 application. However, to avoid any complication, LIM recommends students to reconsider traveling under these circumstances. Those F-1 students whose OPT application has been "APPROVED" may only reenter the US (as long as visa restrictions do not apply) to RESUME EMPLOYMENT. This means that a student will need to have: an endorsed/updated SEVIS I- 20, an EAD card, AND PROOF OF A JOB OR JOB OFFER RECEIVED BEFORE DEPARTING THE US, VALID PASSPORT and VALID F-1 VISA. The best general guidance is that a student who has both an EAD for post-completion OPT and a job or job offer should not experience difficulty reentering the United States. If either of these two conditions is missing, then the student is assuming risk. I verify that I have read and understand the above: Student Name Student Signature Student LIM ID# Date 7

8 Types of activity that constitute employment while on OPT SEVP OPT Policy Guidance [7.2.1] Regular paid employment in a position directly related to the student's program of study. - For post-completion OPT, the work must be full time, for at least 20 hours per week - Students may work for multiple employers, as long as it is directly related to the student's program of study. Payment by multiple short-term multiple employers. Students, such as musicians and other performing artists, may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. The student should maintain a list of all gigs, the dates and duration. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students should 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 selfemployed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. 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: Standard OPT. Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student's employer, to verify that he or she worked at least 20 hours per week during the period of employment. Unemployment: Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. It is highly advisable for you to keep official documented evidence for each employment position, proof of the duration of that position, the job title, how this employment relates to your major field of study, and documented verification that you work(ed) at least 20 hours per week during the period of employment if requested by a USCIS/ICE representative. Please keep this sheet for your future reference 8