Lori Meadows
International students in the United States on an F-1 visa are often keen to work, but employment opportunities are limited and strict rules apply. Optional Practical Training (OPT) is a type of work permit available to eligible F-1 students, allowing them to gain work experience directly related to their field of study. To apply for OPT, students must first obtain a recommendation from their Designated School Official (DSO), who will endorse their Form I-20. Students then have 30 days to file Form I-765, Application for Employment Authorization, with the required fee and supporting documentation. The OPT application process can be lengthy and complex, and students must be mindful of several key dates and requirements to avoid delays or complications.
| Characteristics | Values |
|---|---|
| Who can apply? | F-1 students who have completed at least one academic year of full-time study and are at the end of their academic program. |
| Types of OPT | Pre-completion OPT and Post-completion OPT. |
| Eligibility for Post-completion OPT | Undergraduate students must be graduating, and graduate students may apply if only thesis or dissertation requirements remain. |
| Employment during OPT | Students are allowed to work, intern, or volunteer in the US in a role related to their field of study. |
| Duration of OPT | Students can apply for up to 12 months of OPT at each degree level. |
| STEM OPT Extension | Students with a degree in a STEM field (Science, Technology, Engineering, and Mathematics) can apply for a 24-month extension of their OPT. |
| Application Process | Students must obtain an OPT recommendation from their school on Form I-20 and file Form I-765, "Application for Employment Authorization," with the required fee and supporting documentation. |
| Processing Time | The authorization process usually takes around 3 months but can vary. USCIS offers a ""Premium Processing" option for a higher fee. |
| Employment Authorization Document (EAD) | Students must receive their EAD card before starting work. The EAD card is proof of employment authorization and extended F-1 status. |
| Reporting Requirements | Students must report any changes in legal name, address, employment, or interruption of employment to their Designated School Official (DSO). |
| Unemployment Days | Students are allowed limited unemployment days during OPT, with a maximum of 90 days for standard OPT and 150 days for STEM OPT. |
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What You'll Learn
Eligibility requirements for OPT
To be eligible for Optional Practical Training (OPT), students must meet several requirements. Firstly, they must be enrolled full-time as F-1 students for at least one academic year. This requirement can be met even if the student had another nonimmigrant status during that time. Additionally, students must be seeking employment or volunteer opportunities in their major field of study, and they must be physically present in the United States at the time of their application to USCIS.
Another important criterion is that students should not have used more than one year of full-time Curricular Practical Training (CPT) during their current degree level; part-time CPT does not count towards this limit. Students must also ensure that they have not exceeded the allowed unemployment period during their OPT, which is a cumulative total of 90 days during their 12-month OPT period.
For students pursuing STEM degrees, there are additional considerations. They may be eligible for a 24-month extension of their 12-month post-completion OPT if they meet certain criteria. Furthermore, if a student has previously received a bachelor's degree in a STEM field and is currently participating in OPT based on a non-STEM degree, they may be able to apply for a STEM OPT extension, provided that the OPT employment aligns with their bachelor's degree.
It is important to note that OPT is not only for those pursuing a bachelor's degree. PhD students withdrawing from their program may be eligible for OPT upon completion of a terminal master's degree, provided they have not previously used OPT at the master's level. Additionally, withdrawing from a doctoral program and being reclassified as a master's student requires approval from the GSAS and coordination with the department and registrar.
To initiate the OPT process, students must request a recommendation from their Designated School Official (DSO), who will endorse their Form I-20, Certification of Eligibility for Nonimmigrant Student Status. Students then need to properly file Form I-765, Application for Employment Authorization, along with the required fee and supporting documentation. It is crucial to adhere to the timeline guidelines, as OPT applications must be submitted within 30 days of the "Date Issued" on the OPT I-20.
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How to apply for OPT
Optional Practical Training (OPT) is a type of temporary employment authorization for international students in the US who are on an F-1 visa. OPT allows students to gain practical experience by working in their major area of study. The OPT application process can be complex and involves several steps and players. Here is a guide on how to apply for OPT:
Eligibility
To be eligible for OPT, students must have been enrolled as full-time students for at least one academic year (two consecutive semesters) and must be seeking employment in their major field of study.
Timing
Students can apply for OPT up to 90 days before and up to 60 days after their expected program completion date. It is recommended to apply for OPT as early as possible, and the application must be submitted within 30 days of receiving an OPT recommendation.
OPT Recommendation
The first step in the OPT application process is to request an OPT recommendation on Form I-20 from a Designated School Official (DSO). The DSO will enter the OPT request into the Student and Exchange Visitor Program (SEVP) system. Students must ensure that the DSO enters the correct type of OPT (pre-completion or post-completion) and specifies whether it will be full-time or part-time.
Form I-765
After receiving the OPT recommendation, students must file Form I-765, "Application for Employment Authorization," within 30 days. This form is submitted to the United States Citizenship and Immigration Services (USCIS). Students must also submit their OPT application packet, including a signed copy of their OPT I-20, to USCIS.
Employment Authorization Document (EAD)
Once the OPT application is approved by USCIS, students will receive an Employment Authorization Document (EAD). Students cannot begin working until they have received their EAD and the start date on the EAD has arrived.
Reporting Requirements
While on OPT, students must report any changes in their legal name, address, or employment status to their DSO. Employment information must be updated in a timely manner, and students must ensure they do not accrue more than 90 days of unemployment during their OPT period.
Applying for OPT can be a detailed process, and students are advised to carefully review their school's OPT tutorial and seek advice from international student advisers to ensure they meet all the requirements and deadlines.
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OPT application processing times
The OPT application process can be lengthy and complex, with several steps and multiple parties involved. The processing time for OPT applications can vary, and it's important to consider the general processing times provided by USCIS. The USCIS website offers estimated processing times for OPT and STEM OPT applications, which can range from 90 to 150 days. However, it's worth noting that these are not case-specific and actual processing times may differ.
To initiate the OPT application process, students must first obtain an OPT recommendation on their Form I-20 from their Designated School Official (DSO). Subsequently, they must submit their OPT application packet, which includes the signed OPT I-20, to USCIS. This step involves completing Form I-765, "Application for Employment Authorization," and paying the associated fee. The submission of mounted or retouched images with the application may cause delays and might require an in-person visit to verify the applicant's identity.
It is important to note that the OPT application has specific filing deadlines. Students must file Form I-765 within 30 days of receiving the DSO OPT recommendation. Failure to meet this deadline or submitting the form before the recommendation will result in USCIS denying the application and forfeiting the application fee. Additionally, students should be mindful of the timing of their application in relation to their academic calendar and desired OPT start date.
While the standard OPT application process can take several months, USCIS offers Premium Processing for a higher fee to expedite the application. This option can be requested at any point during the processing period, but it is important to consider the financial implications as it may not be affordable for all students. Students can also refer to the USCIS website for general guidelines and instructions when completing Form I-765 to ensure a smoother application process.
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OPT extension for STEM students
The STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field. This extension replaced the previous 17-month STEM OPT extension in May 2016.
To qualify for the STEM OPT extension, an F-1 student must hold a bachelor's degree or a higher degree in an eligible STEM field from a Student and Exchange Visitor Program-certified school that is accredited by a U.S. Department of Education-recognized accrediting agency. The student must also have received their degree from a school that is certified by the Student and Exchange Visitor Program (SEVP) at the time they submit their STEM OPT extension application.
Eligible F-1 students with STEM degrees who finish their program of study and participate in an initial period of regular post-completion OPT (often for 12 months) have the option to apply for a STEM OPT extension. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial period of regular post-completion OPT.
To apply for the STEM OPT extension, students must submit Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, endorsed by their DSO within the last 60 days, and a copy of their STEM degree. If the student's OPT period expires while their extension application is pending, their employment authorization will be automatically extended for 180 days. This automatic extension ceases once USCIS adjudicates the STEM OPT extension application.
Students must also work with their potential STEM OPT extension employer to complete Form I-983, which must include how the training opportunity has a direct relationship to the student's qualifying STEM degree. The employer must be enrolled in USCIS's E-Verify employment eligibility verification program and provide the student with a minimum of 20 hours of work per week, along with formal training and learning objectives.
It is important to note that F-1 students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing Form I-983. However, they may use a startup business as long as all regulatory requirements are met.
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Employment rules during OPT
Optional Practical Training (OPT) is a type of work permission available for eligible F-1 students. It allows students to gain real-world work experience directly related to their field of major area of study.
- 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.
- Students on the initial 12-month OPT may work as volunteers or unpaid interns, provided it does not violate any labor laws. The work must be for at least 20 hours per week, and students must be able to provide evidence of this from their employer.
- During the period of OPT authorization, students should be working or actively seeking employment.
- Students on post-completion OPT may have up to 90 days of unemployment. If a student accumulates 90 days or more of unemployment, they are in violation of their F-1 status and are expected to leave the U.S., transfer to another school, or change their visa status.
- Students must report all employment and address changes to the relevant office within 10 days of any change.
- Students must also report if they end their OPT early.
- Students are limited to 90 days of unemployment during their OPT.
- Students must not begin working before the start date on their Employment Authorization Document (EAD).
- Students must file Form I-765, "Application for Employment Authorization," within 30 days of the DSO OPT recommendation.
- Students must not file Form I-765 before the DSO recommends OPT in SEVIS and they have the updated Form I-20 with the OPT recommendation.
- Students must not begin their pre- or post-completion OPT until after their Form I-765 has been approved and they have received their EAD.
- Students with a timely filed H-1B petition and change of status request may be eligible for a cap-gap extension if their F-1 status and employment authorization will expire before the change of status to H-1B.
- If a student's OPT period expires while their STEM OPT extension application is pending, their employment authorization will be automatically extended for 180 days.
- Students who transfer to another school or begin studies at another educational level will have their authorization to engage in OPT employment automatically terminated.
- Students who have received 1 year of full-time pre-completion OPT will not be entitled to any period of post-completion OPT employment authorization.
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Frequently asked questions
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student's major area of study.
Students can file for OPT up to 90 days before the program end date on the Form I-20 and no later than 60 days after the program end date on the Form I-20. You will need to file Form I-765, Application for Employment Authorization, with the required fee and supporting documentation.
To qualify for Post-Completion OPT, you must maintain a valid F-1 status, complete at least one full academic year of full-time study, and be at the end of your academic program. Undergraduate students must be graduating, while graduate students may apply if only thesis or dissertation requirements remain.
OPT allows international students to gain real-world work experience in their field of study. It also provides an opportunity to work, intern, or volunteer in the U.S. by applying the knowledge and skills from their program of study.
