Pre-completion OPT - International Center

advertisement
International Students & Programs Office
International Center, 9500 Gilman Drive, Mail Code #0018
La Jolla, CA 92093-0018
Phone (858) 534-3730 Fax (858) 534-0909
istudents@ucsd.edu
http://istudents.ucsd.edu
F-1 STUDENT: OPTIONAL PRACTICAL TRAINING (OPT)
DEFINITION
Optional Practical Training (OPT) is a type of employment authorization for F-1 students. It is an
opportunity to pursue a 12-month period of work experience in your major field of study. The
authorization can be used for a paid position located on- or off-campus—both before (PreCompletion OPT) or after completion of course requirements for the degree excluding thesis or
equivalent or completion of the program of study (Post-Completion OPT). It may also be used all at
once or a combination of the following four options:
• PRE-COMPLETION: During the student's annual vacation and at other times when school
is not in session.
• PRE-COMPLETION: While school is in session provided that the training does not exceed
20 hours per week.
• POST-COMPLETION: After completion of all course requirements for the degree excluding
thesis or equivalent.
• POST-COMPLETION: After completion of the course of study.
OPT ELIGIBILITY
•
Student must be in a valid F-1 status for a minimum of one full academic year (or 3
consecutive quarters at UCSD). NOTE: You may count the time spent in a study abroad
program toward the academic year requirement as long as time spent outside the USA is
not more than 5 months. In addition, you may use time spent in another immigration status
(e.g. E-2, H-4, etc…) to fulfill the academic year requirement.
OPT REQUIREMENTS
•
•
•
•
•
•
The training must be directly related to the major field of study.
The authorization for post-completion OPT must begin within 60 days of completing the
program of study. For example, if your program completion date is June 30, you must
select a start date between July 1 - August 30. NOTE: The authorization start date will be
the requested start date or the date of approval, whichever is later.
The authorization for post-completion OPT must be completed within a 14-month period
following the completion of study. The requested end date cannot be more than 12 months
after the requested start date. For example, if your program completion is June 30, your
OPT will end no later than August 30 of the following year.
An additional 12 months of practical training is available when changing to a new degree
program at a higher educational level.
Student can apply for a maximum of 12 months of OPT. Any pre-completion OPT prior to
program completion deducts from the maximum total of 12 months allowed for OPT.
A job offer is not required to apply for post-completion OPT. However, if applying for precompletion OPT, it is recommended that students have a job offer letter.
APPLICATION PROCESS & TIMELINE
Because it takes at least 90 days for the US Bureau of Citizenship and Immigration Services
(USCIS) to approve your application, you are strongly encouraged to apply early. Begin the process
at least 30 days before your program end date.
□ STEP #1: Attend a mandatory Practical Training Information Session. For a complete
schedule, visit http://istudents.ucsd.edu/students/workshops.html
□ STEP #2: Meet with your academic or department advisor regarding your plans.
□ STEP #3: Gather all documents for OPT application package.
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
□ STEP #4: Submit OPT package to the UC San Diego International Center for review. Allow
10 working days for processing. The International Center will return your application
package and issue a new I-20.
□ STEP #5: Mail OPT application to the appropriate USCIS Lockbox Facility. Although
applications may be received by USCIS up to 60 days after the program end date listed on
your new I-20, you should submit your application to USCIS before your program end date
to avoid any delays in processing. Program end dates are the following:
o Undergraduate Students: Last day of the quarter
o Graduate Students: Date of thesis/dissertation submission to UC San Diego Office
of Graduate Studies
NOTE: Students may submit applications to USCIS no more than 90 days before
program completion date. Applications received more than 90 days before program
completion date will be denied by USCIS.
□ STEP #6: DO NOT begin employment until you receive the EAD card with a valid
employment period. It is not possible to work without pay and then receive pay retroactively
when the EAD is received. NOTE: Currently, it takes at least 90 days to approve OPT
requests. When OPT is approved, you will receive an I-797 Approval Notice with EAD card.
APPLICATION REQUIREMENTS
Gather all your documents. Submit your complete package to the UC San Diego International
Center. The package must include:
□ US$380 check or money order made payable to “US Department of Homeland Security”;
No cash is accepted.
□ Two US-style passport photos
o
o
The photo must be taken within the past 30 days. Lightly print your name on the
back of each photo. For exact specifications go to
http://travel.state.gov/passport/guide/composition/composition_874.html
The following stores are located near UCSD and provide photos that meet the
required specifications:
 Kinko’s (www.fedexkinkos.com)
 Cal Copy (www.calcopy.com)
□ Completed Original F-1 Optional Practical Training (OPT) Request Form
(http://istudents.ucsd.edu/students/forms.html)
□ Completed Original I-765 Application for Employment Authorization (http://www.uscis.gov)
□ Copy of the passport biographical information page (including photo, birthdate, and
expiration date); include passport extension page (if applicable). NOTE: Passports must be
valid for at least 6 months beyond end date of OPT.
□ Copy of I-94 card (front and back page) or I-797 receipt showing F-1 status approval
□ Copy of F-1 visa page (if entered U.S. with other visa, copy of that visa)
□ Copy of all I-20s (page 1-3) issued by all schools you attended in the USA
□ Photocopy of complete Academic History showing courses taken each quarter (not degree
audit) from TritonLink (http://tritonlink.ucsd.edu)
NOTE for graduate students: If you are not enrolled for the quarter of your completion,
please submit a copy of the Graduate Student General petition verifying payment of filing
fee in lieu of registration.
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
Guidelines for Completing Form I-765
Make sure you complete the most recent version of Form I-765 available at www.uscis.gov
USCIS periodically updates this form so they will not accept outdated versions.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
At “I am applying for:” For first-time applicants, select “Permission to accept employment”.
NOTE: If you already have OPT authorization, but lost your EAD card, select
“Replacement”.
Number 1: Use your name as it appears on your I-20. First, write your family name in
capital letters. Then, write your first name and middle name.
Number 2: List other names you might use or have used on official documents such as an
American name or a maiden name.
Number 3: Use your mailing address in the USA. This is where your receipt and EAD card
will be sent. It can be a friend’s or relative’s address in the USA. Make sure this is a valid
address for the next 3-5 months. The US Postal Service cannot forward your mail. Invalid
addresses may delay receipt of your EAD card.
Number 4: Write your country of citizenship.
Number 5: Write your city and country of birth.
Number 6: Write month, day, and year of your birthdate.
Number 7: Select “Male” or “Female”.
Number 8: Select marital status at the time of completing this form.
Number 9: Write your Social Security number, not your UC San Diego Campus ID number.
Leave it blank if you do not have a Social Security number.
Number 10: Write the 11-digit number found on the top of your I-94 card--the small white
card stapled in your passport.
Number 11: Write “Yes” or “No” if you received prior employment authorization from
USCIS. If your answer is “Yes” and the EAD was granted, write “Granted”, the name of the
USCIS office (probably CA Service Center), the date it was issued, and attach a copy of
your EAD card. If denied, write “Denied”.
NOTE: Select “No” if your application was withdrawn prior to approval or if you received
Curricular Practical Training (CPT) because this type of employment authorization was
issued by the UCSD International Center.
Number 12: Write the last day you entered the USA. This is written on the red and/or blue
stamp on your I-94 card.
Number 13: Write where you entered the USA. This is written on the red/or and blue stamp
on your I-94 card.
Number 14 & 15: This is the I-94 status you had when you last entered the USA. It is only
different from #15 if you changed your status after entering the USA.
Number 16: For post-completion OPT, write (c)(3)(B)
Number 17: Leave blank if applying for pre-completion OPT or post-completion OPT.
Certification: Sign the form. Keep your signature within the space provided. Your signature
will be scanned by USCIS and placed on your EAD card. WHEN SIGNING FORM I-765,
DO NOT MARK ABOVE OR BELOW THE TWO BLACK LINES (the thin and black line).
Otherwise, your application will be returned to you.
MAILING YOUR EAD APPLICATION
USCIS must receive your package no more than 90 days before or 60 days after your
program end date listed on the I-20 and within 30 days of the OPT recommendation date
listed on the I-20. Applications received more than 90 days before or 60 days after your program
completion date, or more than 30 days after the OPT recommendation date will be denied by
USCIS.
Mailing Form I-765 Directly to USCIS
Mail the following items to the appropriate USCIS Lockbox Facility:
□
Cover Letter (issued by
International Center)
□ Application fee
□ Two U.S.-style passport photos
□ Original Form I-765
□ Copy of updated I-20 with OPT
recommendation on page 3
□ Copy of passport information page
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
□ Copy of F -1 visa or I-797 approval notice
□ Copy of I-94 card (front and back)
□ Copy of all I-20s issued
If your mailing address is in California
Mail your entire package via certified mail to:
USCIS
PO Box 21281
Phoenix, AZ 85036
NOTE: Do not use the PO Box address listed above if you are sending your package via FEDEX.
Express mailings require a physical street address. Send your package via FEDEX to:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
If your mailing address is outside of California
If your mailing address is outside of California, please send your package to the appropriate USCIS
Lockbox Facility (i.e. Texas) in your area. Addresses are listed on the I-765 application instruction
form at www.uscis.gov
PENDING EAD APPROVAL
I-797 Receipt Notice
USCIS will send a receipt (Form I-797) within 30 business days confirming they received your
application. Your receipt will have a case number (beginning with “WAC” followed by 10 numbers).
When you receive the receipt, please provide a copy of your receipt to the International Center for
your records. The receipt can be faxed to 858-534-0909 or emailed to istudents@ucsd.edu
Keep the original receipt in a safe place. This is the only way you can track your application at the
USCIS Service Centers. You can check the status of your application at www.uscis.gov
Go to the Customer Tools menu of the website, select “Check Case Status”, and enter your case
number.
REMEMBER: You cannot work until you have the EAD card. If your program completion date has
passed, you will also need a valid EAD card to continue on-campus or summer employment at UC
San Diego. Please plan accordingly.
Delays in Completing Your Program at UC San Diego
To authorize post-completion Optional Practical Training, your I-20 was shortened to reflect your
new program end date. If you cannot complete your program on time, you must withdraw your OPT
request. Please notify the UCSD International Center so we can withdraw your OPT request. In
addition, you must request a program extension before the program end date listed on your I-20.
Failure to extend your I-20 before your program end date may have a negative impact on your
application and/or I-94 status in the USA.
Canceling Your Application
Students may cancel their application as long as it has not been approved by USCIS. All
cancellations must be in writing and mailed to USCIS. If you need to cancel your application, please
contact the International Center immediately so we can assist you with this process.
If you need to extend your studies at UC San Diego, it is in your best interest to cancel your
application so you can retain the 12-month period of OPT eligibility. Once an EAD card is issued,
the OPT cannot be cancelled so please plan accordingly.
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
SEVIS Reporting Requirements
You will continue to be in F-1 student status so you must continue to report certain information
about your stay in the USA. Please contact the UCSD International Center within 10 business days
if you:
• Change your name
• Change your address in the USA
When you change your name or address, you must complete the Change of Address form
(available at http://istudents.ucsd.edu/students/forms.html)
NOTE: The International Center will update your SEVIS record and notify USCIS of the
change.
• Change your employer or location of employment
• Have interruptions in employment
• Complete your practical training early
• Enroll in a new degree program or transfer to another academic program
• Decide to return home permanently
Processing Delays at USCIS
In some cases, USCIS may request additional documentation from you by sending a Request for
Evidence (blue letter). If you receive a request for additional documentation, please contact the
International Center immediately so we can assist you.
In addition, USCIS takes at least 90 days to approve EAD requests. If you do not receive your EAD
card within 90 days of USCIS receiving your application (noted on the I-797 Receipt Notice), please
contact the International Center so we can follow up with USCIS.
NOTE: As of October 2006, Interim EAD cards are no longer issued by USCIS.
Travel Outside of the USA and Reentry
Please travel with caution when your EAD application is pending. The documents required for
reentry will be determined by whether you plan to return to the USA before or after your program
completion date.
Before Program Completion
To reenter the USA to continue your studies at UCSD and complete your program of study,
you must have:
• Current passport that is valid up to six months after reentry date
• Current F-1 visa
• Current I-20 with valid travel signature on page 3
NOTE: Travel signature is valid for one year.
Although not required by regulation, we also recommend you have the following:
• Verification of enrollment in current quarter (copy of academic history in TritonLink)
• Proof of financial support less than six months old such as a bank statement or
letter of financial support form department
• Copy of transcript or academic enrollment history from TritonLink
• Letter from academic department verifying program start date, good standing,
expected program completion and brief description of the nature of your research
(especially graduate students)
After Program Completion
To return to the USA after program completion date, you must reenter for the purpose of
continuing employment. Leaving the USA without receiving EAD approval and securing
employment is very risky. Please make sure you have the following to reenter the USA:
• Current passport that is valid up to six months beyond expected stay
• Current F-1 visa
• Current I-20 with valid travel signature on page 3
NOTE: For post-completion OPT, travel signatures are valid for only six months—
unlike one year validity for continuing students.
• Original EAD card
• Original job offer letter or verification of employment from employer
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
Leaving the USA after program completion date and having a pending EAD application is
NOT advisable because you may encounter problems when reentering the USA. In
addition, students with expired visas may find it very difficult to renew their F-1 visa for
practical training purposes. Students, especially those who have completed their program
of study, with pending EAD applications are advised to think carefully before leaving the
USA. For more information about travel and reentry, please visit
http://istudents.ucsd.edu/pdfs/travel_reentry.pdf
EAD APPROVAL
Receiving Your EAD Card
When you receive your EAD card, your employer will request a copy for their records to verify your
eligibility to work in the USA. In addition, please provide the International Center with a copy (front
and back). It can be faxed to 858-534-0909 or e-mailed as an attachment to istudents@ucsd.edu
Travel Outside the USA and Reentry
Students on OPT are still in F-1 student status. To reenter the USA, you must have:
•
•
•
•
•
Current passport that is valid up to six months after reentry date
Current F-1 visa
Current I-20 with valid travel signature on page 3
NOTE: For post-completion OPT, travel signatures are valid for only six months—unlike
one year validity for continuing students.
Original EAD card
Original job offer letter or verification of employment from employer
In addition, students with expired visas may find it extremely difficult to renew their F-1 visa for
practical training purposes. Students on OPT are advised to plan carefully before leaving the USA.
Employment Requirements
During post-completion OPT, F-1 status is dependent upon employment. Students may not exceed
an aggregate of 90 days of unemployment during the post-completion OPT period. Exceeding the
period of unemployment may have a negative impact on your status in the USA or immigration
benefits in the future.
The following types of employment allowed are:
• Paid employment: Students may work part-time (at least 20 hours per week) or full-time.
Students may work in paid positions such as multiple employers, short-term multiple
employers (performing artists), work for hire, self-employed business owner, or
employment through an agency. However, all employment must be related to the degree
program.
• Unpaid employment: Students may work as volunteers or unpaid interns, where this does
not violate US labor laws. The work must be at least 20 hours per week for students on
post-completion OPT.
If requested by the US Department of Homeland Security, students must be prepared to provide
evidence of employment. Therefore, it is in the best interest of the student to maintain evidence, for
each job, of the position held, proof of the duration of that employment, the job title, contact
information for the student’s supervisor or manager, and a description of the work.
SEVIS Reporting Requirement
While on OPT, you are in F-1 student status and must continue to report certain information about
your stay. Please contact the UC San Diego International Center within 10 business days if you:
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
•
•
•
•
•
•
•
Change your name
Change your address in the USA
When you change your name or address, you must complete the Change of Address form
(available at http://istudents.ucsd.edu/students/forms.html)
NOTE: The International Center will update your SEVIS record and notify USCIS of the
change.
Change your employer or location of employment
Have interruptions in employment
Complete your practical training early
Enroll in a new degree program or transfer to another academic program
Decide to return home permanently
60-Day Grace Period
After completing your OPT period, you have a 60-day grace period to remain in the USA and:
• Prepare to depart the USA
• Change your I-94 status
NOTE: Notify the International Center by providing a copy of your I-797 Receipt Notice.
• Transfer to another school in the USA
NOTE: Notify the International Center and request a transfer of your SEVIS record to the
new school.
During your 60-day grace period, you can remain in the USA, but you cannot work in the USA
unless you obtain additional employment authorization under another I-94 status. Once you depart
the USA, your grace period ends—even if you had time remaining. To reenter the USA, you must
have a valid visa and corresponding I-94 status that corresponds with your primary purpose in the
country.
Extending OPT Authorization
Under certain circumstances, duration of F-1 status and work authorization can be extended
through Cap-Gap OPT or F-1 STEM Extension OPT.
•
Cap-Gap OPT --Effective April 8, 2008, duration of F-1 status and work authorization is
automatically extended for students on OPT, who are the beneficiaries of a timely-filed H1B petition requesting change of status and an employment start date of October 1 of the
following fiscal year. This extension is called Cap-Gap OPT. The extension of duration of
status and work authorization will automatically terminate upon rejection, denial, or
revocation of the H-1B petition filed on the student’s behalf. If you are eligible for Cap-Gap
OPT, please submit a copy of your I-797 receipt or approval notice to the International
Center so the International Center can extend your authorization.
•
F-1 STEM Extension OPT --Effective April 8, 2008, students receiving bachelor’s,
master’s, and doctoral degrees in certain science, technology, engineering, and
mathematics (STEM) fields may be eligible for a one-time 17 month extension of postcompletion OPT. For more information about the F-1 STEM Extension OPT, please visit
http://istudents.ucsd.edu/students/forms.html
Enrolling in Classes
Students on post-completion OPT are not allowed to pursue a full course of study with a degree or
certificate objective. Gaining admission to another school in the USA or enrolling full-time will end
the OPT period because your SEVIS record will be transferred to the new school. However,
students can enroll in classes that are incidental (i.e. one or two classes) as long as their primary
purpose in the USA continues to be full-time employment.
MISCELLANEOUS
Health Insurance
After completing your studies at UCSD, you are no longer eligible for UCSD student health
insurance. We recommend that you have adequate health insurance during your stay in the USA.
Please contact your employer or a health insurance provider directly for information regarding their
policies and rates.
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
Social Security
All persons must have a Social Security number to be employed in the USA. This is not the
Campus ID number assigned by UC San Diego. To apply for a Social Security number, you will
need to present a valid passport, I-94, I-20, EAD card, and a verification letter from the International
Center to any local Social Security office. The nearest offices to UC San Diego are located in
Kearny Mesa or downtown San Diego. Visit www.ssa.gov to find the nearest Social Security office
to you.
Taxes
Students in F-1 status are exempt from Social Security tax (FICA), however they are generally
subject to federal and state income taxes. Tax forms are available from February through April of
each year. Check the Internal Revenue Service website at www.irs.gov for federal tax information
and the CA Franchise Tax Board at www.ftb.ca.gov for California tax information.
The International Center also provides tax support information from February through April of each
year. For more information, please visit http://istudents.ucsd.edu/taxcenter/taxinfo.html
QUESTIONS
If you have any questions or need any assistance, please contact the UC San Diego International
Center at istudents@ucsd.edu or 858-534-3730.
(IC201209)
International Center | University of California San Diego | La Jolla, CA 92093-0018 USA | Tel: 858-534-3730 | Fax: 858-534-0909 | istudents@ucsd.edu | http://istudents.ucsd.edu
Download