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Last Updated On: August 28, 2024 | Published On: March 30, 2022
Optional Practical Training (OPT) is a form of temporary work authorization for international students under F-1 visa status (who have just graduated with their degrees or have been studying for over nine months) to work legally in the United States temporarily. The purpose of the OPT is to have the students apply what they have learned in a hands-on, real-world setting. Therefore, the majority of students on F-1 visas will be eligible for optional practical training. This post will explore the OPT eligibility requirements, rules, ways to get approval, and frequently asked questions.
There are two main types of Optional Practical Training:
If USCIS approves your pre-completion OPT application, you can work part-time, 20 hours or less per week, during the time school is in session and full time when there is no class in session. However, if USCIS approves post-completion, you can work part-time (20 hours or less per week) or full-time.
If you did pre-completion OPT, USCIS subtracts the time you worked from your post-completion authorization. Say, for example, you worked 9 months with pre-completion OPT, then you have a remaining 3 months left you can work post-completion OPT. The exception to this is if you have a degree in one of the STEM fields.
Find out about the F-1 OPT grace period.
There is one significant advantage for international students who graduated from a U.S. college/university with a degree in one of the STEM fields (science, technology, engineering, mathematics), and that is the ability to extend the optional practical training time for an extra 24 months in addition to the normal 12 months on OPT.
To be eligible for the 24-month STEM extension, you must have the following OPT requirements:
Should you choose to enroll in higher education for a STEM-related degree in the future and earn the degree, you could be eligible for the 24-month STEM OPT extension. For instance, if you obtain a 24-month STEM OPT extension for your degree in mathematics and you later earn a master’s in Information Technology, you could qualify for an additional 24-month extension based on the IT degree.
Should you receive the STEM OPT extension, it is your responsibility to report changes for any of the following to your designated school official within ten days:
USCIS recommends that you touch base with your DSO every six months to ensure none of the information above is outdated.
The Department of Homeland Security permits STEM OPT students an additional 60 days of unemployment during the extension period, in addition to the 90-day maximum unemployment time that students get during the initial post-completion OPT period (total of 150 days). Therefore, if you completed one optional practical training already and later pursued a second one for a different degree, you can receive the aforementioned unemployment period both times. If you exceed the unemployment limit, you start to accrue unlawful presence, which could hinder your future immigration benefits. So at all costs, do not accrue unlawful presence. Speak to a qualified immigration lawyer if you believe you are in jeopardy of this.
To apply for OPT, you must request your DSO (designated school official) to make a recommendation by endorsing Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and make a note in the Student and Exchange Visitor Information System (SEVIS).
What is a designated school official?
According to the Department of Homeland Security, a DSO is “A regularly-employed member of the school administration designated by the head of a Student and Exchange Visitor Program-certified school to provide recommendations to F and/or M students enrolled at the school regarding maintenance of nonimmigrant status, and to support timely and complete record-keeping and reporting to the U.S. Department of Homeland Security.”
After you’ve requested with your DSO, you should file Form I-765, Application for Employment Authorization with USCIS plus pay the required fees.
The following are the OPT rules for program and applicants:
Here is the complete list of STEM-designated degrees.
No, you cannot break it out into increments for post-completion OPT. You may use it in shorter blocks for pre-completion OPT, but this used portion will be deducted from your post-completion OPT.
You can, but all your employers must register with E-verify (free for employers and available in all states), meet the employer requirements, and fulfill the requirements on Form I-983.
You should have the following documents with you:
Changing employers with your application is processing with USCIS is not advised and can cause additional delays to the entire process, so it is typically not advised.
No, it is not an immigration status classification. Instead, it is temporary work authorization for F-1 students.
Yes, at the time of your application for an OPT, you must have valid F-1 student status.
Students who have already participated in 12 months or more of full-time Curriculum Practical Training (CPT) are not eligible for OPT. Part-time CPT will not make you indelible for OPT. If you meet all the other opt requirements and were denied, you may be able to reapply.
You do not need to have a job to apply.
You can apply for your SSN as part of the OPT application and receive the card after your OPT is approved (about two weeks after receiving the EAD).
You. can check it using the USCIS Case Status Online Tool. Enter your receipt number found on the I-797 Notice of Action, and it will say the status of your application.
No, if you are performing work that is typically paid, you need employment authorization.
The program and work must directly correlate or your field of study. So if your degree is in mathematics, you cannot apply for an OPT doing art history work, for example.
Contact your international student office immediately (or DSO) if you receive a request for evidence.
Unfortunately, if you have already submitted it, you cannot change the start dates of the OPT recommendation. If you have not yet, then ask your school official to amend the recommendation.
You can request to withdraw the OPT application by contacting your school advisor. However, if USCIS has already approved it, you can’t withdraw the application.
OPT programs are designed for students and those that have just graduated. Only F-1 visa holders and M1 visa holders are eligible to apply for an OPT employment authorization document. Other immigrants are eligible to apply for a regular employment authorization document.
A program can approve you by meeting all of the OPT requirements mentioned above. If you are unsure whether you qualify, it is best to consult a qualified immigration professional.
USCIS can take anywhere from 3-5 months to process your OPT application. For that reason, leave enough buffer time between when you apply and when you hope to begin working. Doctoral students should apply no later than sixty days past the last day of the month they submit their dissertation.
After earning your degree, it is illegal to work on or off-campus until you have the employment authorization document in hand.
Once you receive the OPT Employment Authorization Document from USCIS and the effective date on the document has come, you can begin work with the program.
If you’ve received your EAD, that’s great news! Once the start date (located on the card) comes, you can start working with your OPT and then apply for a SSN (if necessary).
If you would live to travel outside of the country and return on F-1 status, you need to request a travel signature every 6 months.
You can still apply, but the STEM OPT extension automatically goes into effect the day after your existing post-completion OPT EAD expires. It invalidates the cap-gap extension, so the work you do must adhere to the STEM OPT extension criteria.
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Tags: OPT, Student Visa