International Students: Optimal Visa Fine Guide

International students in the United States on an F-1 visa have the option to apply for Optional Practical Training (OPT) to gain work experience in their field of study. OPT is a type of work authorization that allows students to work in the US for up to 12 months before or after completing their academic studies. Students in certain STEM fields may also be eligible for a 24-month extension of their OPT. The OPT application process involves multiple steps and strict rules, and students must maintain their F-1 status and comply with all requirements to avoid negative consequences such as removal from the country.

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OPT eligibility requirements

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 in their field of study. To be eligible for OPT, students must meet the following requirements:

Full-time F-1 status:

Students must be in full-time F-1 status for at least one academic year. Some students who have changed their visa status to F-1 and have been continuously enrolled in a full-time degree program for at least one academic year may also qualify.

Enrollment at a certified institution:

Students must be lawfully enrolled on a full-time basis for 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.

Designated School Official (DSO) recommendation:

Students must request that their DSO at their academic institution recommend the OPT. The DSO will make this recommendation by endorsing the student's Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).

Form I-765 Application:

Students must properly file Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Service (USCIS), along with the required fee and supporting documentation. The application must be submitted within 30 days of the DSO OPT recommendation. Starting work before receiving the Employment Authorization Document (EAD) is not permitted.

Maintenance of F-1 status:

Students must maintain their F-1 status while on OPT. This includes not working on a terminated EAD, as it indicates that the student is no longer authorized to work in the United States. Working without authorization can result in serious consequences, including removal from the country.

Reporting requirements:

Students must report their employment to the designated office, such as the Berkeley International Office (BIO), during their pending OPT application and after OPT approval. They must also report if they end their OPT early.

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Pre-completion OPT

To apply for Pre-OPT, students must first request a Form I-20 with a recommendation for Pre-OPT from their Designated School Official (DSO). The DSO will make the recommendation by endorsing the Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). Students must then submit Form I-765, "Application for Employment Authorization," to the US Citizenship and Immigration Services (USCIS) within 30 days of receiving the DSO's recommendation. Students can also apply for a Social Security Number (SSN) as part of their OPT application. However, they should not attempt to apply for an SSN within their I-765 application if they do not already have one. Instead, they should wait for their Employment Authorization Document (EAD) and then apply for an SSN online.

Once the OPT application is approved by the USCIS and the student has received their EAD, they may begin working. Students are allowed to work 20 hours or less per week while school is in session and full-time when school is not in session. It is important to note that students cannot begin working before the start date on their EAD. Additionally, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

If a student applies for Pre-OPT during their final term, they must confirm their graduation timeline with their Academic Advisor before submitting their application. Once Pre-OPT is approved for the final term, the program end date and Pre-OPT end date cannot be shortened in SEVIS. As periods of OPT cannot overlap, having Pre-OPT approved through the final term could make a student ineligible for Post-Completion OPT if their program end date changes unexpectedly.

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Post-completion OPT

To apply for post-completion OPT, students must first request a recommendation from their Designated School Official (DSO) at their academic institution. The DSO will make the recommendation by endorsing the student's Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). Students must then submit Form I-765, Application for Employment Authorization, to the U.S. Citizenship and Immigration Service (USCIS), along with the required fee and supporting documentation. Students must also ensure that they have a Social Security Number (SSN) for any paid employment in the United States.

It is important to note that students are expected to be employed during their post-completion OPT. They can be unemployed for a total of 90 days, after which their SEVIS record may be automatically terminated. Additionally, students must not begin working before the start date on their Employment Authorization Document (EAD), which will be issued by USCIS if their OPT is approved.

If students have earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields, they may be eligible for a 24-month extension of their post-completion OPT. To qualify, students must meet certain requirements, including being employed by an employer enrolled in and using E-Verify and having received an initial grant of post-completion OPT employment authorization based on their STEM degree.

STEM OPT extension

The STEM OPT extension refers to the Optional Practical Training (OPT) program for F-1 students in the United States, which allows for a 24-month extension of their post-completion OPT employment authorization. This extension is available to students who have earned a bachelor's, master's, or doctoral degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields from accredited US institutions.

To be eligible for the STEM OPT extension, students must meet several requirements. Firstly, they must be employed by an employer enrolled in the E-Verify program and using it. The OPT employment opportunity must be directly related to the student's STEM degree. Additionally, students must have received an initial grant of post-completion OPT employment authorization based on their STEM degree.

The process for applying for the STEM OPT extension involves several steps. Students must request a STEM OPT I-20 from their Designated School Official (DSO) and maintain their F-1 status. They should also ensure that their 12-month OPT information is up-to-date and pay the required fee. The DSO will make the OPT recommendation by endorsing the student's Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). Students must then properly file Form I-765, Application for Employment Authorization, with the required fee and supporting documentation.

It is important to note that the STEM OPT extension application process has specific timing requirements. Students can only request a STEM OPT I-20 100 days before their 12-month OPT expires. Additionally, completed applications must be received by USCIS within 60 days of the STEM OPT recommendation date and before the expiration date on the Post-Completion OPT Employment Authorization Document (EAD).

During the STEM OPT extension period, students can work for multiple employers, as long as they work for each employer for at least 20 hours per week and comply with the requirements of the 24-month STEM rule. The Department of Homeland Security (DHS) has also stated that students may be employed by new start-up businesses, provided that all regulatory requirements are met, including providing commensurate compensation to the STEM OPT student.

OPT application process

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.

The OPT application process involves two major parts. First, you must apply to your Designated School Official (DSO) for an OPT recommendation on your Form I-20, Certification of Eligibility for Nonimmigrant Student Status. The DSO will make the recommendation by endorsing your Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).

Then, you must submit an OPT application packet, including a signed copy of your OPT I-20, to the United States Citizenship and Immigration Services (USCIS). This involves properly filing Form I-765, Application for Employment Authorization, with USCIS, accompanied by the required fee and supporting documentation.

It is important to note that you must file Form I-765 within 30 days of receiving your DSO OPT recommendation. If you submit Form I-765 before receiving the recommendation or after the 30-day period, USCIS will deny the application, and you will lose the application fee.

After submitting your OPT application to USCIS, you generally cannot change any information except for your mailing address. The processing time for an OPT I-20 can vary, typically ranging from 1 to 5 months, with most applications processed within 90 days.

Once your OPT application is approved, USCIS will issue an Employment Authorization Document (EAD). You may not begin your pre- or post-completion OPT until you receive your EAD, and you must not start working before the start date on the EAD.

Frequently asked questions