Janice Lozano
International students in F-1 status who are enrolled in or completing a degree program in the United States may be eligible for Optional Practical Training (OPT), which allows them to gain work experience in their field of study. While a job offer is not required to apply for OPT, students may wonder if they should negotiate their OPT offer. This decision depends on various factors, including the specific rules and regulations surrounding OPT, the student's visa status, and their future plans. Changing OPT dates after submitting the application is challenging and not guaranteed, but it may be possible if the student has a written job offer with an earlier start date than requested on their application. Understanding the complexities of OPT and the potential impact on their status, international students can make informed decisions about negotiating their OPT offer.
Explore related products
![The Offer [Blu-ray]](https://m.media-amazon.com/images/I/61nMeTIuhBL._AC_UY218_.jpg)
What You'll Learn
Eligibility for 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 related to their field of study. To be eligible for OPT, students must meet the following requirements:
- Student Status: Students must be enrolled as F-1 students, which means they are in the United States on a non-immigrant visa specifically for full-time academic studies.
- Full-Time Enrollment: Students must have been lawfully enrolled on a full-time basis for at least one full academic year at a college, university, conservatory, or seminary that is certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enrol F-1 students.
- Major Area of Study: The proposed employment must be directly related to the student's major area of study. It should not be a job that is solely for English as a Second Language students.
- Previous Practical Training: Students must not have used all of their optional practical training available at their current level of study. They must also not have been authorized for 12 months or more of full-time Curricular Practical Training (CPT). While previous CPT at the same program level counts towards the CPT 12-month total affecting OPT, CPT at another program level does not affect OPT.
- Degree Requirements: For a 24-month extension of post-completion OPT, students must have earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields. The STEM degree must be included on the STEM Designated Degree Program List.
- Employment Requirements: For the STEM OPT extension, students must be employed by an employer enrolled in and using E-Verify. They must have also received an initial grant of post-completion OPT employment authorization based on their STEM degree.
- SEVIS Compliance: Any OPT requests entered into the Student and Exchange Visitor Information System (SEVIS) must comply with federal regulations. Students must ensure that their OPT information in SEVIS is accurate and up-to-date.
- Form I-20: The student's Designated School Official (DSO) must endorse their Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and make the appropriate notation in SEVIS. The DSO must also sign page one of the form before it is submitted.
- Form I-765: Students must properly file Form I-765, Application for Employment Authorization, with the required fee and supporting documentation. This form must be submitted within 30 days after the DSO's OPT recommendation in SEVIS. Submitting it too early or too late will result in the application being denied, and the student will lose the application fee and have to reapply.
- Employment Authorization Document (EAD): Students must receive their EAD and cannot begin working before the start date on the authorization. If the OPT period expires while a STEM OPT extension application is pending, USCIS will automatically extend employment authorization for 180 days.
It is important to note that OPT eligibility and requirements may vary depending on individual circumstances and the specific guidelines set by the U.S. Citizenship and Immigration Service (USCIS). Students should carefully review the requirements and seek guidance from their DSO to ensure they meet all the necessary criteria for OPT eligibility.
International Students: In-State Tuition Eligibility
You may want to see also
Explore related products
Employment conditions
F-1 international students in undergraduate or graduate programmes are eligible for Optional Practical Training (OPT) as long as they have been in valid F-1 student status for one academic year. OPT allows students to gain real-world work experience related to their field of study.
Employment during OPT does not need to be paid, but it must be related to the student's degree. Students can volunteer or intern during OPT, but it must be related to their field of study, and they are recommended to get a contract or agreement from their supervisor outlining their job description and time commitment. Volunteering and internships can be considered employment for the initial 12-month period of F-1 post-completion OPT and can be reported in SEVIS as valid OPT employment.
Students need to work full-time (more than 20 hours per week) or they will accrue days of unemployment. Students can only be unemployed for a total of 90 days during Post-Completion OPT. The 90 days of unemployment are cumulative, and once a student has reached this limit, they are considered "out of status" and should leave the US immediately.
Students can change jobs while on OPT, but they must report the start and end dates and employer information for each job so that the information can be updated in SEVIS. The initial post-completion period for which students can apply is 12 months, less any OPT time used pre-completion. The requested employment start date must be within 60 days after the end of the program.
A one-time extension of 24 months is available to certain STEM (Science, Technology, Engineering, and Mathematics) degree recipients. To be eligible, students must be hired by an employer registered with the government's E-Verify Program, and the employment must be directly related to their major field of study and appropriate to their level of education. Students who file an application for the 24-month OPT extension in a timely manner will be able to continue employment while the extension application is pending, until a final decision or for 180 days, whichever comes first.
Full Scholarships at UCLA: International Students' Chances
You may want to see also
Explore related products
Application process
The application process for Optional Practical Training (OPT) involves multiple steps and several players. Here is a detailed breakdown of the OPT application process for international students:
Step 1: Eligibility and Timing
First, ensure you are eligible for OPT. Generally, F-1 international students in undergraduate or graduate programs are eligible for OPT as long as they have been in valid F-1 student status for at least one academic year. You can apply as early as 90 days before completing this one-year requirement.
Step 2: OPT Canvas Course
Sign up for the OPT Canvas course offered by your institution. It is recommended to sign up at least one semester before you graduate. You must complete this course within the academic year you are applying for OPT.
Step 3: Timing Considerations
Carefully consider your post-graduation plans and choose your OPT start date. You can choose a date from the day after your program completion date up to 60 days after. Remember that the OPT end date will be 12 months after the chosen start date. Also, consider USCIS processing times, expected employment start dates, and travel plans.
Step 4: Submit OPT Request
After completing the OPT Canvas course, submit your OPT request via your institution's portal (e.g., MyISSS Portal). Remember that changing your OPT dates after submission is extremely difficult and not guaranteed.
Step 5: Application Processing
It typically takes 3-4 months for USCIS to process an OPT application. You can expect an average processing time of 90-120 days, but it may vary. If you need faster processing, you can apply for Premium Processing at an additional cost, which guarantees action within 30 business days.
Step 6: Employment Authorization
If your OPT application is approved, USCIS will issue an Employment Authorization Document (EAD). You must not begin working before the start date on the EAD. During your OPT period, you must report any changes in employment, address, or legal name to your Designated School Official (DSO).
Step 7: Finding Employment
You are not required to have a job offer when applying for OPT. However, remember that you are only allowed 90 days of unemployment during your 12-month OPT period. If you don't have a job offer, consider the typical job start dates in your field and choose an OPT start date accordingly.
Step 8: Employment Requirements
Ensure that your employment is directly related to your major field of study. You can work for any number of employers, but all activities must relate to your field. Additionally, maintain records of your employment, including position, duration, job title, supervisor/manager contact information, and a job description.
Working in Financial Advisory: International Students' Options
You may want to see also
Changing OPT dates
Firstly, it is important to understand the difference between Pre-Completion OPT and Post-Completion OPT. Pre-Completion OPT refers to off-campus employment before graduation, while Post-Completion OPT refers to any type of work after graduation. F-1 international students in undergraduate or graduate programs are generally eligible for OPT as long as they have been in valid F-1 student status for one academic year.
When choosing your OPT start date, you must consider various factors, such as USCIS processing times, your expected employment start date, and travel plans. If you are unsure about your plans, it is advisable to consult an adviser before proceeding. It is worth noting that you cannot change your start date after submitting your OPT application.
The process of changing OPT dates can be complex and involves multiple steps and players. Any changes to an existing OPT request can be made by clicking "Edit" on the OPT Employment page. It is crucial to be mindful of key dates, such as Form I-765 filing deadlines, to avoid delays or cancellation of your OPT request. Additionally, DSOs should verify and, if necessary, shorten the program end date on Form I-20 before recommending a student for Post-Completion OPT.
It is important to note that the start and end dates for segments of OPT cannot overlap. If you are planning to split your OPT time between degree programs, this should be explicitly noted in SEVIS, and the requested OPT validity dates should align with the planned duration of OPT for each program.
International Students: Texas Residents or Not?
You may want to see also
Travelling with OPT
Travelling internationally while on OPT is possible, but there are several risks and requirements to be aware of. Firstly, it is important to consult with your employer and legal counsel processing your H-1B about your travel plans. While travelling on OPT is permitted, it is not recommended due to the unpredictable nature of US immigration policy.
If you choose to travel internationally while on OPT, you must have the following documents upon re-entry to the US:
- Employment Authorization Document (EAD) card, with a start date that has passed
- I-20 with OPT recommendation and an unexpired travel signature (signature valid for six months when on OPT)
- Unexpired EAD card (EAD has notation "not valid for re-entry", so other documents are required)
- Valid passport, valid for at least six months beyond the date of re-entry to the US
- Valid F-1 visa
- Letter of employment, if applicable
It is important to note that if you have exceeded the maximum OPT unemployment time or have been absent from the US for more than five months, you will not be able to re-enter the US in F-1 status. Additionally, if your OPT application is denied while you are outside the US, you will not be able to re-enter or reapply.
When travelling on OPT, it is recommended to enter the US through the San Francisco International Airport (SFO) port of entry whenever possible. Re-entering the US in a status other than F-1 (e.g. as a tourist) will invalidate your F-1 status and OPT authorization. If your F-1 visa has expired, you must obtain a new one before re-entering the US.
SATs: Essential for International Students Seeking Entry to Canada?
You may want to see also
Frequently asked questions
F-1 international students in undergraduate or graduate programs are eligible for OPT as long as they have been in valid F-1 student status for one academic year.
No, an offer of employment is not required when applying for OPT.
Maybe. If you have a written job offer with a start date earlier than requested on your application, you can request a change of dates from the USCIS. However, approval is not guaranteed.
Yes, an F-1 student with an EAD card and proof of employment can travel outside the U.S. However, without a job offer, you should not travel as you will not be able to re-enter the U.S.
