OPT WORKSHOP
Purposes of this OPT workshop: Understand OPT and your eligibility Detail the OPT application procedures Understand obligations during OPT and maintaining F-1 status Essential resources and information
OPT Overview What is Optional Practical Training? Optional Practical Training is one type of work permission available for eligible F-1 students. Designated School Official (DSO) recommends OPT in SEVIS Student must apply for the work permit with U.S. Citizenship and Immigration Services (USCIS). If approved, USCIS will issue an Employment Authorization Document (EAD). Student may not begin working before the start date on the EAD.
OPT Overview Types of OPT: [1] Pre-Completion OPT: Any portion of OPT used before the student s Program End Date. It may be part-time or full-time. [2] Post-Completion OPT: Any portion of OPT used after the student s Program End Date. It must be full-time. [3] H-1B Cap Gap OPT: For students whose prospective employers filed a qualifying H-1B-cap subject petition. [4] OPT STEM extension (24 months) For students who majored in designated Science, Technology, Engineering, and Math (STEM) degrees approved by DHS.
OPT Eligibility Who is eligible for OPT? F-1 students who have attended an SEVP certified institution on a fulltime basis, for a minimum of one academic year May be authorized for up to 12 months of OPT Each subsequent application for a new Post-Completion OPT, must be for a higher degree level OPT may only be granted once per degree level, and only if moving upward in degree level F-1 students with one year or greater of Full-Time Curricular Practical Training (CPT) are no longer eligible for OPT with the current degree program Part-Time CPT does not affect OPT eligibility
OPT Application Procedures Deadline: Your application must be received and receipted by the Department of Homeland Security (DHS) within 30 days of the DSO s recommendation, and within your 60 day grace period, whichever is earlier Application filing window: F-1 students may apply for Post Completion OPT from 90 days prior to the degree program completion, and up to 60 days after the program end date DHS must receive your application within 30 days of the DSO s recommendation or the end of the 60 day grace period, whichever is earlier Apply as early as possible for OPT
What we need today to process your OPT recommendation Complete and sign the form I-765, Application for Employment Authorization Please make sure that your form was downloaded from USCIS.GOV
What we need today to process your OPT recommendation Complete and sign the form I-765, Application for Employment Authorization Do not write in the top box, For USCIS Use Only
Form I-765, Application for Employment Authorization Page 1: Check, Permission to accept employment
Complete your biographical details Name must match your passport name exactly, Family (Last) Name is first
For question #3, use an accurate U.S. street address (no Post Office Box addresses), which will NOT change during the application period. Government mail will NOT be forwarded to your new address.
Question 10: Enter your I-94 number, if you do not have an A-Number (USCIS number) If you have a USCIS #, usually from a previous EAD card, you may use this USCIS# which is roughly equivalent to the A-Number instead
Question 11: Have you ever before applied for employment authorization from USCIS? If you have never previously applied to USCIS for work authorization, then answer No. Examples include OPT and Severe Economic Hardship Curricular Practical Training (CPT) is a work authorization from the international office, not from USCIS If you have only applied for CPT, while in the U.S., or On-Campus job, then answer No
Question 12: Date of Last Entry into the U.S. Enter the date from your most recent I- 94 record, or entry stamp in passport; If your I-94 record is incorrect, enter the date that you know is correct, and request a correction from CBP; Ask the counselor for details Question 13: Place of Last Entry into the U.S. Enter the city name, or 3 letter airport code, of the city in which you cleared U.S. customs and immigration; for Houston, enter HOU or IAH
Question 14: Status at Last Entry: Enter F-1 Student, unless you entered the U.S. with a different visa and had a change of visa status to F-1; if so, enter the previous visa status in which you entered the country
Question 15: Enter F-1 Student
Question 16: Enter the eligibility category, (c) (3) (B) for Post-Completion OPT
Turn to page 2, form I-765: Do NOT answer questions 17, 18, 19a, and 19b, as these questions are not applicable to the 12-month Post Completion OPT
Certification: Read the certification section, and sign if you agree to the statements in the certification. Include date and telephone number
Signature of Person Preparing Form, If Other Than Applicant This section should only be completed if you hired an attorney or law firm to complete the form If you prepared the form, then leave this section blank
What we need today to process your OPT recommendation We will also need the photocopies of these immigration documents: Current passport, most recent visa page, and most recent I-94 Arrival Record
What we need today to process your OPT recommendation We will also need the copies of these immigration documents, if applicable to your situation: F-1 Approval Notice (form I-797A), if you had a change of visa status to F-1 EAD card, if you previously had OPT
What we need today to process your OPT recommendation Form G-1145: E-Notification of Application/Petition Acceptance (1 page only) This form enables you to receive an email or text message with receipt number, though it is not a mandatory document and could be excluded. Complete the lower section entirely, as shown below:
OPT Start Date You will need to choose an OPT Start Date and provide it to the counselor Your requested OPT Start Date can be any day during your 60 day grace period, which begins with the completion of your program of study (I-20 Program End) The I-20 Program End date is determined by the date indicated by your academic department on the OPT Academic Verification form
OPT Start Date Select your OPT requested Start Date within this range of dates I-20 Program End Date (from signed Academic Verification form 60 th calendar day after I-20 Program End Date
OPT Start Date Fill in your Requested OPT Start Date on the OPT Application Checklist Note that the requested OPT Start Date may not be changed after you apply for Optional Practical Training Keep in mind the average 90 days processing time allow adequate time for USCIS to grant your requested start date
Academic Verification Academic Verification is required in order to recommend your OPT The top of the form is shown in this example
The date indicated by your academic advisor / graduate advisor will be used as the new I-20 Program End date on your OPT I-20
Shorten I-20 Because the I-20 Program Dates must match your degree program dates, it is necessary that our office will shorten your I-20 program dates The I-20 will be shortened to the date indicated by your academic advisor on the OPT Academic Verification form If you find that you will have a delay in completion of degree requirements, you must request an I-20 Program Extension immediately or risk violating your F-1 status Your I-20 can only be extended prior to the new I-20 program end date
OPT Self Report Signature Complete your name, signature, and date of signing on the paper version of the OPT Self Report, for today One time only paper form during OPT you must report employment on our website, as described in the previous slides This is page 4 of the OPT packet
OPT Self Report Signature According to U.S. federal regulation [8 CFR 214.(f)], F-1 students are responsible for reporting the address, employer s name and address, and any periods of employment and unemployment while on OPT By signing, you are agreeing to comply with all reporting requirements
Checklist for the counselor - What we need today to process your OPT recommendation Please arrange your documents in order, to expedite your OPT request: I-765 (application for employment authorization) Copy of passport, visa, I-94 (most recent of each) F-1 approval notice, if any EAD card, front and back, if you previously had any EAD card G-1145 (e-notification) OPT Academic Verification and Student Responsibility form OPT Application Checklist (with requested Start Date) OPT Self Report with signature (paper version)
While Pending for OPT You may not start working on OPT until you have received the OPT - EAD card in hand You may not start working on OPT until the OPT - EAD card Start Date You may not continue working on campus after your graduation or degree completion, even if the I-20 program end-date is in the future. If you apply timely for OPT, you may legally remain in the U.S. while the application is pending with DHS
Employment which satisfies OPT regulations All work during Post-Completion OPT must be in a job that is directly related to the student s degree program, for which the OPT was granted Minimum of 20 hours per week During Post-Completion OPT, employment may be paid or unpaid You may work for multiple employers You may change jobs as needed You must report all employment changes to our office, within 10 days of the change (online, OPT Self Report, we will discuss in detail later) Any employment not related to your field of study is a violation of F-1 status
Unemployment during OPT F-1 students on Post-Completion OPT are allowed up to 90 calendar days of accumulative unemployment Unemployment is counted only from the OPT - EAD card Start Date not from the time of application Working less than 20 hours per week counts as unemployment on OPT unless you have multiple jobs that equal 20 hours or more. Cap-Gap OPT students are still subject to the original 90 day limitation of unemployment for Post-Completion OPT (total of 90 calendar days)
Unemployment during OPT Plan carefully before you reach 90 days of unemployment: Job search, resume study Any SEVIS record on Post-Completion OPT with 90 consecutive days of unemployment will be automatically terminated by the SEVIS system Be sure you report your employment and all employment changes within 10 days to avoid consequences
Reporting requirements during OPT When should I report? On OPT EAD card start date, you must report your job status, +/- 10 days While on OPT, the student must report to the DSO within 10 days any changes in the student s name or address, and employment information.
Reporting requirements during OPT When should I report? Whenever any of the following change: Your OPT EAD card has arrived Your passport name Personal address (where you live) Your visa status has changed (i.e., H-1B approval) You end your current job/ begin a new job / begin a 2 nd job Employer name changes (i.e., company merger, acquisition, etc. Your primary work location has changed
Reporting requirements during OPT How to report: Please visit our website. www.uh.edu/oisss Click, Optional Practical Training
Reporting requirements during OPT How to report: Please visit our website. www.uh.edu/oisss Click, OPT Self Report
Reporting requirements during OPT How to report: Please visit our website. www.uh.edu/oisss Confirm your identity, student ID number, and I-20 SEVIS number Your SEVIS ID number may be located at the top of page 1 of your I-20.
Reporting requirements during OPT How to report: Provide International Student & Scholar Services with a copy of the Front and Back of your OPT EAD card, by email or in person It is a required part of your F-1 record
How to report: Reminders: Keep in mind that the F-1 record is your immigration record; be proactive to keep your F-1 status Report any changes within 10 days or fewer We cannot back-date your SEVIS record Failure to report employment during OPT may result in termination of the SEVIS record
How to report: Reminders: Avoid unintentional violation of your F-1 status When in doubt: Report electronically on our website You may report again if you made a mistake Keep accurate records of all dates / hours that you work during OPT / OPTX Keep all job letters and proof of payroll for future use
H-1B Cap Gap Extension What is the H1-B Cap Gap extension? Cap-Gap extends an eligible F-1 student's status and post-completion OPT period to bridge the gap between the end of F-1 status and start of H-1B status. This allows the student to remain and work in the U.S. during the "gap." The cap-gap extension is available to students who, as of April 1 of the current calendar year: 1. Are either on approved OPT or in their 60-day grace period; and 2. Have a pending or approved H-1B change-of-status petition with an Oct. 1 start date that was filed prior to the expiration of their OPT or 60-day grace period.
H-1B Cap Gap The Cap Gap I-20, requested from our office, will show evidence to either your employer that you are authorized to work during the Cap Gap dates listed on the I-20 or extension of your grace period which allow you to stay in the U.S. Please view the link, How to request an H-1B Cap-Gap I-20 on our website, if you qualify for Cap Gap, and follow the instructions to make the request Please keep in mind that your OPT employment data must be updated electronically, prior to requesting the H-1B Cap Gap I-20.
24 Month STEM OPT Extension The new 24 month STEM OPT Extension rule became effective on May 10, 2016, with requirements in addition to those under the old, 17 month rule Who is eligible for the 24 month STEM OPT Extension? Applicant must hold a STEM eligible degree, listed on the STEM list (The full list is available at the www.ice.gov website) Employer must maintain participation with E-verify Employer and employee must agree to, complete, and sign the Training Plan (form I-983)
24 Month STEM OPT Extension When should I apply for STEM OPT Extension? The application must be properly filed not more than 90 days prior to Post-Completion OPT EAD card end date, but not after the end date Application must be received and receipted by USCIS, on or before the current OPT EAD card end date You must be currently on an approved Post-Completion OPT in order to apply Submit your OPT STEM request to our office, not more than 90 days prior to the OPT EAD card end date
Locate the 6 digit CIP code on your I-20 to determine eligibility, then compare with the STEM list at www.ice.gov
This is a CIP code list example from www.ice.gov. Check for your particular CIP code to determine eligibility.
STEM OPT Extension for a previous degree New rule allows 2 STEM OPT Extensions in lifetime OPT STEM Extension may be granted based on a previously earned U.S. institution STEM degree, only if you have not already had a STEM extension based on the qualifying STEM degree All employment during OPT STEM extension must be directly related to the degree for which OPT STEM extension was granted Previous degree must have been earned within 10 years of the date of DSO recommendation for extension
When you are ready to apply for OPT STEM extension, please carefully read the slideshow (powerpoint) on our website for full detailed instructions
Transitions from OPT Resuming study for a new degree level: If you will resume studies for a new degree level, an updated I-20 must be printed prior to the start of classes Your OPT work authorization ends, and EAD card becomes invalid on the date of printing an I-20 for new degree level You may end OPT early to resume study, if complying with these requirements
Transitions from OPT Resuming study after your OPT: If resuming study at University of Houston, the new I-20 must be printed prior to the 60 day grace period ending If resuming study at another institution, the SEVIS record must be transferred to the new institution prior to the 60 day grace period ending The first day of classes must be within 5 months of the OPT EAD card end date, and you may not exceed 90 days of unemployment during the OPT EAD dates
Transitions from OPT Change of visa status applications to USCIS must be received prior to the end of the 60 day grace period OPT STEM Extension may not be filed during the 60 day grace period must be filed on or before the OPT EAD card end date
What happens after the OPT session? Please keep your passport photos and check for $410 our office does not collect these items You will need to prepare 2 color, recent passport photos, in the U.S. format 2 x 2 inches (5 cm x 5 cm), square
What happens after the OPT session? You will need to prepare a personal check for $410 For personal checks, the name and address of the bank account owner must be printed on the check (upper left corner)
What happens after the OPT session? The counselor will collect your documents at the end of the session All documents will be returned to you, when you collect your OPT I-20 (approximately 5 business days) Our office will call / email you when the OPT I-20 is ready Sign the I-20; we will provide you an extra copy of the I-20 You keep the original I-20; file the copy with your application packet to USCIS Our office will return all OPT documents to you; The application is filed by you to USCIS Be sure you obtain a tracking number from the shipping company Expect an email / text about 48 hours after application is received Expect a paper receipt notice (I-797C) in about 2-3 weeks
What happens after the OPT session? You may not work on campus or off campus until you have received the OPT EAD card You may not work until the OPT EAD card start date Remember your OPT reporting requirements: www.uh.edu/oisss - OPT Self Report
What happens after filing OPT? The processing time for your Employment Authorization Document (EAD) card can take up to 90 days from the day that USCIS receives it. You will need to report to our office electronically through our OPT Self-Report
Mailing Checklist Filed to U.S. Citizenship and Immigration Services (USCIS) G-1145 I-765 with check and photos attached 2 recent U.S. format passport photos (review OPT packet for photo requirements $410 check payable to U.S. Department of Homeland Security I-20 photocopy (pages 1, 2) with OPT recommendation on page 2 CPT screenshot, if you had CPT (provided by counselor after OPT appointment) Passport copy, visa copy, I-94 copy EAD card copy, if you had any F-1 approval notice (I-797A), if you had change of visa status
International Travel during OPT Our office does not recommend international travel while the OPT application is pending with USCIS If your OPT has been approved and you hold the OPT EAD card in hand, carefully prepare your documents for travel before leaving the United States, as detailed on the next slide
International Travel during OPT Take these items with you when traveling internationally: [1] Passport that is valid for at least 6 months into the future [2] Visa which is still valid at the time of reentry to the U.S. [3] I-20 with recent signature by a Designated School Official. During OPT, each travel endorsement on page 2 is valid for 6 months Your current employer info should be printed on page 2 of the I-20 (request a reprint after you have completed the OPT Self Report at www.uh.edu/oisss [4] EAD card (Employment Authorization Document), [5] A current job offer letter from your employer proof of hours worked
International Travel during OPT Check your F-1 visa if expired, you must renew with the U.S. consulate / embassy usually in your home country If you are planning to travel while pending OPT, please contact an advisor regarding the risks involved. Travel during Cap-Gap Extension Period An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a Cap-Gap period if: The student s H-1B petition and request for change of status has been approved; The student seeks readmission before his or her H-1B employment begins; and The student is otherwise admissible.
OPT We appreciate your attention to OPT procedures At this time, please submit your complete OPT documents to the counselor We will do our best to complete your OPT request in 5 business days If you have questions, the counselor will be available at the end of the session Thank you www.uh.edu/oisss 713-743-5065 To track the status of your OPT application: www.uscis.gov with receipt number USCIS contact #: 1-800-375-5283