Lana Oconnell
International students in the United States on an F-1 visa are eligible to apply for an Employment Authorization Document (EAD) to work in their degree field for up to one year. This process is known as Optional Practical Training (OPT) and allows students to gain temporary employment directly related to their major area of study. To apply for an EAD, students must submit Form I-765, Application for Employment Authorization, to the United States Citizenship and Immigration Services (USCIS) along with the required fee and supporting documentation. The application process can be complex, with specific deadlines and requirements that must be met to maintain student status and avoid unauthorized employment. Students should start the process early and carefully follow the guidelines provided by USCIS and their designated school officials (DSOs).
| Characteristics | Values |
|---|---|
| Who can apply? | F-1 students |
| When to apply? | 90 days before the program end date |
| What to apply for? | Employment Authorization Document (EAD) |
| What form to fill? | Form I-765, "Application for Employment Authorization" |
| Where to apply? | U.S. Citizenship and Immigration Services (USCIS) |
| Application fee | $410 |
| Application processing time | 90 days |
| Application requirements | Form I-20, "Certification of Eligibility for Nonimmigrant Student Status" |
| Application validity | 1 year |
| Renewal application | Apply within 180 days of the expiry date |
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F-1 student visa requirements
The F-1 student visa is a non-immigrant visa that allows international students to enter the US and enrol full-time at institutions certified by the Student and Exchange Visitor Program (SEVP). To apply for an F-1 visa, you must meet the following requirements:
Institution certification
The college or university where you plan to study needs to be approved by SEVP Immigration and Customs Enforcement.
Full-time enrollment
You must be enrolled as a full-time student at the institution while your academic term is in session.
English language proficiency
You must meet the required English language proficiency score of the institution you are attending or be enrolled in courses that will help you improve your English proficiency.
Sufficient funding
You must prove that you have sufficient funds available to finance your studies and living expenses while in the US.
Valid passport
Your passport should be valid for US travel for at least six months after your program completion date.
Home country residency
You are required to have a residence in your home country that you intend to return to following the completion of your degree.
Additional requirements:
- Get accepted by a SEVP-certified institution before submitting your visa application.
- Pay your SEVIS fee.
- Complete your DS-160 visa application and submit a photo that meets the Photograph Requirements.
- Schedule your visa interview at a US embassy or consulate, and bring all necessary documents, including your DS-160 confirmation, passport, and photo.
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Form I-765
Starting the Application Process:
To initiate the process, international students can create a USCIS account online and file Form I-765 electronically. Alternatively, a paper application can be submitted if necessary. It is advisable to start early and apply ahead of time, ensuring all required documents are in order.
Eligibility and Timing:
F-1 students are typically eligible for Optional Practical Training (OPT), which allows them to gain work experience directly related to their major area of study. For post-completion OPT, students can apply for their EAD up to 90 days before their program end date. It is important to note that pre-completion OPT duration will be deducted from the available period of post-completion OPT.
Fees and Payment Methods:
Filing Form I-765 usually incurs a fee, which can be found on the USCIS Fee Schedule page. However, certain individuals, such as current or former military service members paroled into the US under the Immigrant Military Members and Veterans Initiative (IMMVI), are exempt from paying the fee. The standard payment methods include money orders, personal or cashier's checks, and credit or debit card payments.
Supporting Documentation:
Along with Form I-765, students must submit supporting documents. These include the Form I-20, "Certification of Eligibility for Nonimmigrant Student Status," which needs to be endorsed by a Designated School Official (DSO) and submitted within the specified time frames. Additionally, students applying for Post-Completion OPT under the (c)(3)(B) category must ensure their DSO enters the OPT recommendation into their SEVIS record within 30 days of submitting Form I-765.
Premium Processing:
When completing Form I-765, students have the option to request "Premium Processing" for an additional fee. This expedites the processing of their application. If selected, students must complete Form I-907 and submit it along with the required fee.
Remember to carefully review all instructions and requirements for Form I-765 to ensure a smooth application process.
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OPT and STEM OPT
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student's major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). All OPT employment must be directly related to the student's major area of study.
To apply for OPT, students must file Form I-765, "Application for Employment Authorization," and pay a fee to USCIS. Students should file within 30 days of the day the DSO endorses the Form I-20. If USCIS approves the application, the student will receive a Form I-766, "Employment Authorization Document," (EAD) from USCIS and can begin working. Approval for off-campus employment is good for one year. If the F-1 student needs to continue working off-campus, the student must re-apply.
Certain F-1 students who receive degrees in science, technology, engineering, and mathematics (STEM) may apply for a 24-month extension of their post-completion OPT. To qualify, students must:
- Have earned a bachelor's, master's, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time of submitting the STEM OPT extension application.
- Have received an initial grant of post-completion OPT employment authorization based on their STEM degree.
- Be employed by an employer who is enrolled in and is using E-Verify.
- Pursue their STEM OPT extension through an employer that provides the student with formal training and learning objectives.
To apply for a STEM OPT extension, students must submit Form I-765, Application for Employment Authorization, up to 90 days before their current OPT employment authorization expires, and within 60 days of the date the DSO enters the recommendation for OPT into the Student and Exchange Visitor Information System (SEVIS) record. Students must also submit their employer's E-Verify Company Identification Number and Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by the DSO within the last 60 days, as well as a copy of their STEM degree.
Students with a pending STEM OPT extension application will receive an automatic 180-day extension of their employment authorization if their OPT period expires while their extension application is pending. This automatic extension ceases once USCIS adjudicates the STEM OPT extension application.
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USCIS fees
To apply for an Employment Authorization Document (EAD) as an international student, you will need to pay a fee to the United States Citizenship and Immigration Services (USCIS). The USCIS Immigrant Fee must be paid online, and you will need your Alien Number (A-Number) and Department of State (DOS) Case ID. This fee is separate from the immigrant visa application fees collected by the DOS.
The USCIS accepts various payment methods, including bank drafts, cashier’s checks, certified checks, personal or business checks (made payable to the U.S. Department of Homeland Security), and money orders drawn on U.S. financial institutions and payable in U.S. funds. If you are filing Form I-131 directly with a domestic USCIS field office to request emergency advance parole, you can only pay by personal or business check (or card). You must mail your check, bank draft, or money order together with your benefit request form. If you are submitting multiple forms, you must pay each filing fee separately and using a single payment method.
If you are an international student with F-1 status, you may be eligible for Optional Practical Training (OPT), which allows for temporary employment directly related to your major area of study. To apply for OPT, you must file Form I-765, "Application for Employment Authorization," with the required fee and supporting documentation. The fee for Form I-765 is $410, and you can pay by check, money order, or card. If your application is approved, you will receive Form I-766, the Employment Authorization Document (EAD), from USCIS, and you can begin working.
It is important to note that if you are filing Form I-765, you must not combine the fee payment with any other forms. Additionally, ensure that your photos submitted to USCIS are unmounted and unretouched, as mounted or retouched images may delay the processing of your application. If you have any questions about paying the fee or need to request assistance, you can submit an online help form or e-request through the USCIS website.
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EAD renewal
To renew an Employment Authorization Document (EAD), you should file Form I-765 within 6 months of its expiration date. The renewal process involves completing the I-765 form, specifying the purpose as "Renewal of EAD", and submitting a copy of the current EAD card. It is recommended that you do not file a request to renew your EAD more than 180 days before its expiration. The processing time for EAD renewals typically takes around 2 months but can vary depending on the applicant's status and the USCIS service center handling the application.
Along with the I-765 form, applicants must provide supporting documents such as a copy of the current EAD card, I-94, passport, two passport photographs, and a valid government-issued identity document. The filing fee for Form I-765 can be found on the USCIS Fee Schedule page. You can pay the fee with a money order, personal check, cashier's check, or by credit or debit card using Form G-1450.
If your EAD has not been approved or denied within 90 days of receiving the application, you may apply for interim employment authorization. If you are eligible for an automatic extension, your employment authorization will be extended for up to 540 days while your EAD renewal application is pending.
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Frequently asked questions
EAD stands for Employment Authorization Document. It is a document that allows international students to work in the United States.
To apply for an EAD, international students must file Form I-765, Application for Employment Authorization, and pay a fee to the United States Citizenship and Immigration Services (USCIS). Students should file within 30 days of receiving their Form I-20, and can apply up to 90 days before their program end date.
Form I-20, or Certification of Eligibility for Nonimmigrant Student Status, is a document that certifies a student's eligibility for F-1 status. It is issued by a Designated School Official (DSO).
F-1 status is a nonimmigrant visa category for academic students attending a US college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, including a language training program.
If your EAD application is denied, you will not receive your Employment Authorization Document and will not be authorized to work in the United States. You may need to reapply and pay the fee again.
