Douglas Olsen
International students on F-1 visas are eligible for Optional Practical Training (OPT), which allows them to work in the US during and after graduation without corporate sponsorship. OPT is a type of temporary employment directly related to an F-1 student's major area of study. Students can apply for up to 12 months of OPT authorization before or after completing their academic studies. To be eligible, students must be physically present in the US at the time of application, have been enrolled full-time for at least two consecutive semesters, and plan to seek employment in their field of study. California State University Long Beach (CSULB) and Cal State LA both provide resources for international students seeking OPT, including workshops and guidance from International Student Advisors.
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What You'll Learn
OPT requirements for international students
International students on an F-1 visa can apply for Optional Practical Training (OPT) to get temporary employment authorization in the United States. OPT is not a separate work visa but a benefit of the F-1 visa status, and students must continue to abide by all F-1 regulations during their OPT period.
To be eligible for OPT, students must:
- Be enrolled full-time for at least one full academic year in the U.S. at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students.
- Be physically present in the U.S. when submitting their application.
- Intend to work or volunteer in a professional development opportunity directly related to their major field of study.
The OPT application process involves the following steps:
- Request that your designated school official (DSO) recommend OPT by endorsing your Form I-20, "Certification of Eligibility for Nonimmigrant Student Status," and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).
- Properly file Form I-765, "Application for Employment Authorization," with USCIS, accompanied by the required fee and supporting documentation.
- Do not submit Form I-765 before your DSO recommends OPT or after the 30-day post-DSO recommendation period, or USCIS will deny the application.
- You may not begin your pre- or post-completion OPT until after USCIS approves your Form I-765 and you receive your Employment Authorization Document (EAD).
During your OPT period, you must:
- Work or volunteer in a professional development opportunity directly related to your major field of study.
- Report any changes in your legal name, address, or employment status to your DSO.
- Not work on a terminated EAD, as this means you are no longer authorized to work in the United States using that OPT EAD.
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OPT application process
International students on an F-1 visa are eligible for Optional Practical Training (OPT) in the United States. OPT is temporary employment directly related to an F-1 student's major area of study, allowing them to gain practical work experience in their field of study.
Now, let's break down the OPT application process into steps:
Step 1: Timing and Eligibility
First, ensure you meet the eligibility criteria for OPT. You must be an F-1 student who has been enrolled full-time for at least one academic year. Additionally, you should be seeking employment related to your major field of study.
The timing of your application is crucial. OPT applications can be submitted as early as 90 days before completing your one full academic year of enrollment. The latest you can submit your application is 60 days after your program completion, but keep in mind that applying early increases your chances of a successful application.
Step 2: Review the OPT Tutorial
Before submitting your application, carefully review the OPT tutorial provided by the United States Citizenship and Immigration Services (USCIS). This step is essential to avoid errors and potential denials of your application. Understanding the process thoroughly will help ensure you meet all the requirements.
Step 3: Gather Required Documents
You will need to compile various documents for your OPT application. These include:
- Form I-765, "Application for Employment Authorization," which can be downloaded from the USCIS website.
- Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," endorsed by your Designated School Official (DSO).
- Supporting documentation as outlined in the form instructions, such as proof of eligibility and payment of fees.
Step 4: Submit Your Application
You can choose to submit your OPT application online or by mail. If submitting online, create a USCIS account and compile your documents digitally. Do not pay the application fee until you are ready to submit, as payment will automatically submit your application.
If mailing your application, make a copy of your completed application packet for your records, and ensure you use a mailing method with tracking information. The mailing address depends on the address provided on your Form I-765.
Step 5: Await Processing and Approval
USCIS processing times can vary, so be prepared for a potential wait of up to 5 months. During this time, maintain your student status and do not begin working until your OPT is approved and you receive your Employment Authorization Document (EAD).
If your OPT request status changes to "Pending," and you need to withdraw your application, follow the instructions provided by USCIS, including sending your request to the USCIS Service Center processing your application.
Step 6: Post-Approval
Once your OPT is approved and you receive your EAD, you can begin your authorized employment. Remember that during your 12-month OPT period, you are allowed a cumulative total of 90 days of unemployment. Any changes in employment status or interruptions must be reported to your DSO.
Additionally, if you are an F-1 student who received a degree in certain STEM fields, you may be eligible for a 24-month extension of your post-completion OPT.
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OPT employment rules
Optional Practical Training (OPT) is a type of temporary employment authorization for international students in the United States who hold F-1 status and are pursuing degrees in their major area of study. OPT allows students to gain practical work experience directly related to their field of study. The following paragraphs outline the key OPT employment rules for international students seeking to work in California or other states.
Eligibility Requirements:
To be eligible for OPT, students must maintain full-time F-1 status for at least one academic year and be enrolled in a degree program at a college or university certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP). Students must also seek employment in their major field of study, and the employment must be a minimum of 20 hours per week to maintain legal F-1 OPT status. Additionally, students cannot have used more than one year of full-time Curricular Practical Training (CPT) during their current degree level.
Application Process:
The OPT application process involves several steps. First, students must review the OPT tutorial provided by their school's international office to understand the process thoroughly. Then, they must submit the OPT I-20 Request E-Form, which includes a fee payable to the school's international office. After receiving the OPT recommendation, students have 30 days to file Form I-765, "Application for Employment Authorization," with U.S. Citizenship and Immigration Services (USCIS). Students must also have their employment offer letter and certification letters from their Designated School Official (DSO) and employer. It is important to note that students must be physically present in the United States when submitting their OPT application to USCIS.
Timing and Duration:
OPT can be authorized before completing academic studies (pre-completion OPT) or after completion (post-completion OPT). Pre-completion OPT allows students to work 20 hours or less per week while school is in session. Post-completion OPT requires students to work part-time (at least 20 hours per week) or full-time. The total OPT authorization period is 12 months, including both pre-completion and post-completion OPT. Any period of pre-completion OPT will be deducted from the available post-completion OPT time. Students with degrees in certain Science, Technology, Engineering, and Mathematics (STEM) fields may be eligible for a 24-month extension of their post-completion OPT.
Unemployment Limitations:
During the 12-month OPT period, students are limited to a cumulative total of 90 days of unemployment. It is the student's responsibility to track their unemployment days and make plans to depart the U.S. before reaching the maximum unemployment time. Students must report their employment to their school's international office to stop the unemployment clock. Time spent outside the United States without U.S. employment is counted towards the 90-day limit.
Transfer and Termination:
Transferring to another school or beginning studies at a different educational level will result in the automatic termination of OPT employment authorization. Additionally, working on a terminated Employment Authorization Document (EAD) is not permitted, as it indicates that the student is no longer authorized to work in the United States using that OPT EAD. Students must comply with all requirements to maintain their student status and avoid serious consequences, such as removal from the country or accrual of unlawful presence.
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OPT extension
International students on an F-1 visa are eligible for Optional Practical Training (OPT) in two ways: pre-completion OPT and post-completion OPT. Pre-completion OPT allows students to work for up to 20 hours per week while they are still enrolled in their studies. To be eligible, students must have been enrolled on a full-time basis for at least one full academic year at a college or university certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students.
Post-completion OPT can be applied for after completing your studies. If authorized for post-completion OPT, students must work part-time (at least 20 hours per week) or full-time. The OPT period is for 12 months, during which the student is only allowed a cumulative total of 90 days of unemployment. During this time, students will remain in F-1 status, allowing them to remain in the United States to seek employment in their field of study.
The OPT extension refers to the STEM OPT Extension, which allows for an additional 24 months of OPT for students in STEM fields. This extension is available to students who have earned a degree in a STEM field from a U.S. institution and are currently participating in their first post-completion OPT. The STEM OPT Extension allows students to gain additional practical training in their field, which can provide valuable experience and improve their career prospects.
To apply for the STEM OPT Extension, students must submit Form I-983, "Training Plan for STEM OPT Students," to the U.S. Citizenship and Immigration Services (USCIS). This form must be completed by the student and their employer and must include a training plan detailing how the student will gain practical training in their field. The application must be submitted to USCIS before the student's current post-completion OPT expires.
It is important to note that during the OPT period, students must maintain their student status, which includes not working on a terminated Employment Authorization Document (EAD). Working without authorization can have serious consequences, including removal from the country. Therefore, students should ensure they carefully follow all the requirements and regulations regarding OPT and maintain their student status throughout their time in the United States.
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OPT alternatives
International students on an F-1 visa can apply for Optional Practical Training (OPT) to work in California. OPT is temporary employment directly related to an F-1 student's major area of study, allowing for up to 12 months of employment authorization before or after completing their academic studies. However, if you are an international student looking for alternatives to OPT, there are a few options to consider.
Academic Training (AT)
AT is an alternative for international students who wish to remain in the United States after their OPT ends. AT duration depends on the field of study and the degree level. Doctoral students, for example, can have an AT duration of up to 36 months. To apply for AT, international students must first obtain a written job offer and a letter of recommendation from their academic advisor. With these documents, the academic institution can issue a new DS-2019 form authorizing the AT for the requested duration.
STEM OPT Extension
If an international student has earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields, they may apply for a 24-month extension of their post-completion OPT employment authorization. To be eligible, students must be F-1 visa holders with a STEM degree included on the STEM Designated Degree Program List, be employed by an employer enrolled in and using E-Verify, and have received an initial grant of post-completion OPT employment authorization based on their STEM degree.
Pursue Another Academic Degree
International students can also choose to pursue another academic degree in the United States. However, this option does not allow them to work off-campus. Students with F-1 visas are only eligible for on-campus employment for up to 20 hours per week.
Employment with an International Organization
F-1 students may be eligible to work with a recognized international organization within the meaning of the International Organization Immunities Act. To do so, students must first obtain an internship offer with the international organization and then work with the Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS.
Change of Visa Status
International students can also explore changing their visa status to one that allows for employment in the United States. However, this option may be limited due to nationality restrictions and other requirements.
It is important to note that the above alternatives may have specific requirements and restrictions. International students should carefully review the eligibility criteria and application processes for each option to ensure compliance with immigration regulations.
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Frequently asked questions
Optional Practical Training (OPT) is a 12-month work authorization available to F-1 international students who have been full-time students for at least two consecutive semesters and plan to seek employment in the United States in their field of study.
To apply for OPT, you must first be physically present in the United States. You must then submit your OPT application to USCIS before making any exit from the United States. You must also have been a full-time student for at least one academic year and be seeking employment in your major field of study.
During your 12-month OPT period, you are only allowed a cumulative total of 90 days of unemployment. If you are unemployed for more than 90 days, you will be considered out of status and your status will be terminated. You must then leave the U.S., transfer to another institution, change degree levels, or change your immigration status.
