OPTIONAL PRACTICAL TRAINING
As an F-1 student, you may only work off campus in the US if you have received written work authorization approved by the US Citizenship and Immigration Services (USCIS). One type of USCIS-approved off-campus work authorization is called Optional Practical Training, or OPT.
Key aspects of OPT
- To be eligible to apply, you must have been enrolled as a full-time student in legal immigration status for at least one full academic year (two semesters) before your OPT begins.
- The work you do must be directly related to your major field of study and it must be appropriate for someone having your level of education. Note: You do not need to have a specific job offer at the time of application.
- You must apply for post-completion (after graduation) OPT before you complete all requirements for the degree.
- OPT must begin no later than 60 days after the completion date indicated in Item 5 on the I-20 and end no later than 14 months after the completion date.
- OPT authorization is limited to a total of 12 months per each higher education degree level (12 months for Bachelor’s, Master’s, and Ph.D.). Part-time OPT authorization is deducted at one-half the full-time rate if it is taken prior to completion of studies.
- There are restrictions on when students may utilize part of full-time OPT. Students can take OPT:
- Part-time or Full-time : during the annual vacation period
- Part-time : during the course of study provide the training and other employment (on and off campus) does not exceed 20 hours per week total.
- Full-time : after completion of all requirements for a degree (excluding thesis)
- Full-time : after completion of all requirements for a degree or course of study, including thesis. Students authorized for part-time training cannot work more than 20 hours per week.
Students authorized for part-time training cannot work more than 20 hours per week.
OPT after course completion must be full-time.
- The application process requires a recommendation by the PDSO (Immigration Advisor) and approval by the USCIS Service Center . If it approves the practical training request, the USCIS issues an Employment Authorization Document (EAD), Form I-766.
- When a student authorized to engage in OPT after graduation enters another educational program (for example, begins a Masters program), USCIS terminates the OPT.
- The PDSO is required to report in SEVIS any changes of address while the student is on OPT. The student is required to update the PDSO regarding any changes.
- OPT terminates when the student fails to comply with F-1 regulations (e.g. fails to report a change of address).
- You cannot work off-campus **under any circumstances** until you have been authorized by Messiah’s PDSO (Immigration Advisor) AND by USCIS.
APPLICATION PROCESS
Your application must be approved by USCIS before you can begin employment. The process is estimated to take anywhere from 45 to 90 days from the date of receipt by USCIS. Note that the 90 days or more for processing is the norm during busy times of the year. Approval from USCIS comes in the form of a small photo ID card called the “Employment Authorization Document” or EAD card.
To apply for OPT, follow these steps.
1. Be Informed. Read this handout thoroughly and carefully.
2. Obtain Your Academic Department’s Recommendation . Your academic advisor needs to write a brief letter indicating your current academic status—whether you have completed all of the requirements for your major and the date when your studies will be complete. See sample at the end of this document.
3. Complete and compile all documentation necessary for the USCIS OPT application.
i. Original I-765 form completed by you ( 7/26/06 version, lower right corner). The code for OPT in item # 16 is (C) (3) (i). The form can be downloaded from: http://www.ice.gov/sevis/students/index.htm Go to the “Useful links” section in the main body and go to “Forms and Fees”. From here, find the form “I-765” and print it.
Note that the address that you use on the from must be valid for at least 3 months from the time you send the application. The US Postal Service will not forward the EAD card even if you leave a forwarding address. ** You may use the PDSO address. Messiah College , C/O Cindy Blount-Box 3005, One College Avenue , Grantham , PA 17011 .
ii. A $180 check or money order payable to “Department of Homeland Security”.
iii. A cover letter/ checklist explaining that you are applying for OPT and listing the contents of the mailing. (See sample at the end of this document.)
iv. Copies (front and back) of all previous I-20 documents dating back to the beginning of your F-1 status.
v. Copy of I-94 (front and back).
vi. Copy of the most recent ID page(s) of your passport. These are the page(s) which contain the picture, passport number, and expiration date.
vii. Copy of the USA visa stamp (in a page of your passport).
viii. Two “passport” photos. You can get more information at: http://travel.state.gov/passport/guide/guide_2081.html. In pencil, print your name and write your admission number (I-94#) on the back of each photo. Passport photos can be obtained at the Epicenter in Eisenhower Campus Center .
xi. Copy of a previously issued EAD card (if available).
x. Copy of new SEVIS I-20 with the OPT recommendation from PDSO/Immigration Advisor. This will be done during step 4, indicated below.
4. Meet with the PDSO . Once you have all of your application materials, bring them to the PDSO/Immigration Advisor to review and make copies for your files.
5. Mail the Application to USCIS . When you have completed the entire application, organize them as neatly as possible. Prepare a large envelope and send to the USCIS Regional Service Center for Pennsylvania . (Note, if your address on your I-765 is not in Pennsylvania , see the PDSO for the address for the appropriate USCIS Service Center ).
USCIS Service Center
75 Lower Weldon Street
St. Albans , VT
05479-0001
*** Write: “Attention: Optional Practical Training” on the outside of the envelope (bottom left).
It is recommended that you send the application via an express mail carrier or via. US registered mail with “return-receipt requested” so that you have proof of delivery.
6. Wait for the EAD. Your permission to begin OPT is not finalized until you have received an EAD from the USCIS.
Within one month of sending the application to the USCIS you should get a standard receipt notice stating that the USCIS has received the application and that it will take 80 days to process (this is not an actual estimate; it is the time stated in every letter).
If you do not get this letter within 6 weeks, contact your PDSO for more information. The ‘Receipt Number’ in the top left corner of this receipt notice can be used to check the status of your case on the USCIS website at www.uscis.gov or by calling the phone number indicated on the receipt. Also bear in mind that this information may not be regularly updated online.
Remember: It is illegal to work before you receive the card. Once you receive the card, you are authorized to work only for the dates on the card. Working improperly or without authorization is a serious violation of your status and could lead to deportation from the US .
OTHER IMPORTANT INFORMATION
A. Making a Decision Regarding Participation in OPT.
- Only one 12-month period of OPT per degree level is available during your US studies. For example, if you complete a Bachelor’s degree in the US and participate in 12 months of OPT following that degree program, you may receive a new 12 month period of OPT if you go on to complete a Master’s degree program (but not if you complete a second Bachelor’s degree).
- The completion date in item #5 of your I-20 needs to accurately reflect your actual completion date of your program. If you are going to finish early or need to extend your date, you must see your PDSO immediately so that your I-20 can be updated. Failure to do so may result in the loss of your F-1 status, including loss of your legal right to enroll and work on-campus as an F-1.
- You must report address or name changes within 10 days to your PDSO. This information will be reported to the Department of Homeland Security as required in the immigration regulations.
- You must report status changes to the PDSO while you are on OPT. For example, if you apply for and are granted a change of status from F-1 (OPT) to H1B or any other immigration status, you must notify your PDSO. Also, if you leave the US permanently before the end date of your EAD you must notify your PDSO. If you plan to continue studies elsewhere you must also contact your PDSO. Report status changes by email or in person.
- Authorization may not be rescinded. Once authorization to engage in OPT is granted, it may not be rescinded or cancelled. This means after OPT is authorized by USCIS, inability to find an appropriate job, loss of job, or failure to complete requirements for a degree may result in loss of otherwise eligible time to work. Once permission to work has begun, it is impossible to have it delayed or cancelled and restored at a later date.
- Actual date OPT may begin. You may not begin work until the following requirements are satisfied: 1-you have obtained an EAD card and 2-the date is reached when the EAD authorizes employment to begin.
- Change of employer after OPT has been authorized - You may change employers after you have begun authorized employment provided the new job is: 1-directly related to your major field of study and 2-appropriate for someone with your level of education. You must alert the PDSO if you change your employer after OPT has been authorized.
B. Employment Eligibility Verification.
When you begin work, you and your employer must complete a form entitled “Employment Eligibility Verification” (Form I-9), which your employer retains. The I-9 must be updated each time you receive a renewal of your work permission. This form requires you to document your identity and work authorization according to directions on the back of the form. The most convenient combinations of the various acceptable items as documentation include: your EAD card, a valid passport and I-94 card. Your employer, who keeps Form I-9, may make copies of the documents you submit and return the originals to you.
You will also need a social security card or number. If you do not already have a social security card, or if you have a card which is marked, “not valid for employment” take your passport, I-94 Departure Record, Form I-20, and your EAD card to the office of Social Security Administration, and apply for a new Social Security card. Note that your number will remain the same if you already had one, but the notation on the card should change to indicate that employment is valid with authorization.
1. Social Security and Other Taxes
In general, F-1 students who have been in the US fewer than five years are “non-residents for tax purposes” and are exempt from Social Security (FICA) and Medicare taxes (see the Internal Revenue Service Publication 519, “US Tax Guide for Aliens”). However, your earnings are subject to applicable federal, state, and local taxes. Tax returns must be filed on or before April 15 each year for the previous calendar year, which will determine if any of the withheld taxes can be refunded.
2. Special Information for OPT after Completion of the Degree.
- Application Deadline. Your application for OPT must be received by the USCIS before you complete your degree. You are no longer eligible to apply for OPT after you have completed your degree program.
Federal regulations refer to the date you complete all requirements for a program of study (i.e. final day of exams),
not the date you participate in graduation/convocation.
- Traveling outside the US while on OPT. Reentry provisions of the regulations require students who have graduated and are on an authorized OPT to present the following documents to reenter the US .
- Sevis I-20 student copy, signed on the back by the PDSO (or DSO) within the last 6 months.
- The EAD. Note that the EAD Card says, “Not Valid for Travel” on the face of the card. This means that you cannot
use the EAD alone to reenter the US , but that you also need to have the signed I-20.
- A valid passport.
- A valid F-1 visa stamp.
- A job offer letter. F-1 regulations allow for travel and reentry in order to “resume employment”.
While a job offer letter is not required to obtain OPT, it is recommended that students who travel have a
job offer letter with them when they are entering the US . Those who do not carry all of these documents
may not be allowed to reenter the US .
Travel at any time while in F-1 status carries some risk. This risk increases for individuals on OPT if the F-1 visa has expired and a new one is required in order to reenter the US . If you have completed your program and you do not yet have the EAD, you should not travel out of the country or you risk not being able to reenter to participate in OPT. Be sure to consult with the PDSO when contemplating travel outside the US and reenter to continue OPT.
Updated March 27, 2007 .