Optional Practical Training SEMINAR Office for International Students and Scholars The Home for International Advising, Activities, and Assistance Updated 1/26/2016 Optional Practical Training (OPT) Overview What is OPT? Practical work experience In your field of study Commensurate with your education level Initial OPT - Up to 12 months STEM Extension – Up to 17 months Who is Eligible Initial OPT F-1 students legally “in-status” Enrolled full-time for at least 8 months Completing a new course of study in a degree program – 1 OPT per educational level and must be an advanced level STEM Extension Currently on Initial OPT No more than 90 days of unemployment during Initial OPT period Degree conferred in an approved major in either Science, Technology, Engineering or Math Employer part of the E-Verify program What types of Employment are allowed? All OPT employment must be in a job that is related to the student's degree program; no exceptions! When you have a job you must write a description on how your job is related to your degree program. You do not need a job at the time of filing, however. Employment allowed during OPT: Must be greater than 20 hours to count Paid Employment Multiple Employers Short-term Multiple Employers (performing artists) Work for Hire Self-employed Business Owner Employment through an Agency Unpaid Employment (volunteers, unpaid interns) Must not violate labor laws Volunteer Work during OPT We recommend you obtain a letter detailing your job and responsibilities. This letter should include: • A detailed listing of employment activities and projects, specifically the number of weekly hours engaged in each activity or project • Copies of the company's daily time and attendance records for the duration of your volunteer work • Evidence of your physical presence in the location of your employment, such as rental agreements or receipts. • If you are engaged in unpaid training prior to beginning paid employment, you should also obtain copies of training certificates or certifications received. The information above is required for students applying for the OPT STEM extension, and is recommended for all other students to keep in their records in case of a future audit. When should you apply for OPT? The Earlier, the Better! No more than 90 days before your program end date, 60 days afterwards. Program end date is when you have taken all the credit for your program of study; INCOMPLETES do not count! If you send the application too early (more than 90 days) or too late (after 60 days), USCIS will reject your application. Very risky to wait until last minute. You cannot leave the U.S. (even to Canada!) after your program end date and return to apply for OPT You must have Employment Authorization Document (EAD) card in hand and can only work during dates on the card 90 Days of Unemployment What time counts? Each day (including weekends) during OPT authorization in which student does not have qualifying employment Exceptions Time outside U.S. counts unless 1.) Employed during period of leave and travel is authorized by employer 2.) Traveling is part of student’s employment How will DHS enforce? Student may be denied future immigration benefits, especially STEM ICE may examine SEVIS data on individual/groups during OPT What should YOU do? Keep log of your employment (contacts, interview, offers) and unemployment Volunteer in relevant field OPT Application Procedure 1. Read OPT packet 2. Attend OPT Workshop 3. Assemble documents Reference checklist in packet Obtain Academic Advisor Letter 4. Submit OPT forms and documents on the checklist to the OISS front desk. An advisor will review your packet and add documents. Student will receive an email notifying of review completion in 5-7 business days. 5. Mail Application – Get Receipt Notice – Track Status 6. Report to OISS EAD – Submit photocopy Address – Report any changes Employer – Report contact information Unemployment – Report dates OPT Request Form Submit with your OPT request packet Choose your begin & end dates carefully Need Workshop Attendance Verification Selecting your OPT Start Date o Not earlier than day after program end date o Not more than 60 days after program end date * Please check your I-20 end date as the dates may differ. Your exact dates of filing are determined by the specific I-20 end date. If application is submitted 3+ months before you want to start working on OPT 60 days grace period (not allowed to work) 12 months OPT Processing time Oct Nov Submit application Dec Receive EAD Card 1 Jan 2 Feb 3 Mar 4 Apr 5 May 6 Jun 7 Jul 8 Aug 9 Sep 10 Oct 11 Nov OPT Start date (E.g.: Jan 2, 2015) 12 Dec 13 Jan 14 Feb OPT End date (E.g.: Jan 2, 2016) If application is submitted less than 3 months before you want to start working on OPT or less than 3 months from the latest start date for your graduating term 12 months OPT Processing time Oct Nov Dec 1 Jan Submit application 2 Feb 3 Mar Receive EAD Card 4 Apr 5 May OPT Start date (E.g.: Mar 20, 2015) 6 Jun 7 Jul 8 Aug 9 Sep 10 Oct 11 Nov 12 Dec 13 Jan All OPT must be done within 14 months of program end date = OPT may be less than 12 months 14 Feb I-20 Request Form • Read each section and check that you have read it. • Read the “While on OPT, I am still an F-1 Student” • Select your mailing choice • Sign form Advisor Letter ~~~~~~~~~ Is REQUIRED for OPT application processing Must be on EMU Departmental Letterhead Stationary I-765 Application for Employment Authorization Instructions included in the OPT packet 2 Passport Photos Taken within last 30 days Glossy finish Un-retouched Lightly print name & SEVIS number on back Walgreen CVS Walmart RiteAid Passport & Visa I-94 Print Out or Paper I-94 G-1145 Receive a text and/or email informing you that USCIS has accepted your application Does NOT grant employment authorization Gives LIN number to use for status tracking I-20s Bring your “Initial I-20” used when arriving to the U.S Bring all “Transfer I-20s” if attended other U.S. schools previous to EMU Photo ID Check • Department of Homeland Security • $380 • SEVIS Number eighty 380.00 Personal Check ~~~~~~~~~ OPT Advisor Review Bring ALL required documents. REVIEW checklist in packet. You will receive a New I-20 w/OPT and 2 screenshots The OISS will prepare petition for mailing Standard Mail or USPS Express Mail USCIS must receive the application within 30 days of OISS’ I-20 signature I-797 C Notice of Action • Receipt Notice • Receipt Number Current Case Status https://egov.uscis.gov/casestatus/ Enter LIN here Employment Authorization Card • Give OISS copy upon receipt OPT Reporting Form-IR 12 Use to report any change of address, employer information, unemployment dates Found on OISS website under “forms”. Submit electronically. Must submit within 10 days of change I-9 Employment Eligibility Verification W-4 Form Employees needs to fill: W-4 Form- Federal MI- W4 Form- State W4 is completed so the employer can withhold the correct federal income tax Complete a new form each year- January Complete a new form when your financial situation changes. See IRS details for nonresident aliens at http://www.irs.gov/pub/irs-pdf/n1392.pdf W-4 Employee Withholding Allowance Social Security Number You can apply for a Social Security Number (SSN) with the following documents: I-20 with OPT authorization Employment Authorization Document (EAD) Passport, visa, and I-94 card/printout You DO NOT need an offer letter if applying for an SSN with an EAD card You can only apply for an SSN during the dates on your EAD card. No need to pay Social Security & Medicare Taxes 5 year rule Pay Stub Verify Employer Withholding While you are on OPT You are still considered an EMU F1 student!! Copy of EAD Card to OISS Must have EAD Card in-hand BEFORE working. Can only work during dates on card. Keep records of your job search Must advise OISS of name, address or employer within 10 days Must report all periods of unemployment Change of Status – Let OISS know New I-20 – OPT will be terminated 60-Day Grace Period Health Insurance while on OPT You are not automatically given EMU health insurance any more You should obtain adequate coverage- either through EMU or another policy EMU insurance MUST purchase before end of semester If you have a job offer letter, you can get a continuation of current plan at same rate. If you do not have a job, you can purchase the plan on a monthly basis up to 4 months. Contact Snow’s Health Insurance Office for details and renewal. Travel while OPT Application is Pending Not recommended by OISS If you insist on traveling while OPT application is Pending Students may re-enter the US to search for employment (provided no visa restrictions) Carry I-765 Receipt Notice along with other documents Carry proof of application “pending” status at time of departure Travel after OPT Application is Approved Students on approved OPT may re-enter the USA to resume employment … not look for a job! provided no visa restrictions You’ll need to carry proof of employment (i.e. job offer letter, pay stubs) Travel while on OPT Passport Valid 6 Months into Future I-20 Signed within past 6 Months Valid Visa – Visa Revalidation Caution – may be difficult to get a new F-1 visa to return for OPT employment Carry EAD Card & Proof of Employment Dependents – need to carry their I-20 AND Copy of F1’s I-20 with OPT Recommendation Copy of F1’s EAD Card Copy of F1’s Proof of Employment No re-entry during 60-day grace period after OPT STEM Extension- Eligibility STEM field (Science, Technology, Engineering & Math) Current OPT based upon degree earned in a STEM field DHS designated program list Based upon major CIP code Employer is enrolled in US Government’s E-Verify system DHS & Social Security Administration database Electronic verification of employment eligibility Less than 1% of employers currently participate What types of Employment are allowed? Employment allowed during 17-month STEM Extension Paid Employment Students must work at least 20 hours per week for an E-Verify employer Multiple Employers Unpaid Employment Recent denials of STEM Extensions for unpaid employment STEM Extension When to apply for extension? Can apply 120 days before the OPT end date. USCIS MUST receive your application before your Initial OPT ends. What if OPT ends & extension pending? If application received before the expiration of first OPT, students may continue to work until application processed, or 180 days Periods of Unemployment Maximum of 120 days during 29 month OPT. No more than 90 days during Initial OPT. Travel outside the USA should be avoided while the STEM application is pending and until you’ve received your new EAD STEM Extension Additional reporting requirements Must report to OISS within 10 days of changing: Legal name Residential or mailing address Employer name & address Loss of employment Must submit a validation report to OISS every 6 months Confirm address, employer information and continuation of employment Employer must agree to report within 48 hours the termination or departure of student from their employment 17-month Extension available once! 17 Month OPT Extension Request Form Entire Packet Available on OISS Website Sample Employer Offer Letter Sample E-verify Profile Screen Shot H-1B Cap Gap Extension and Work Authorization OPT will be extended for students on OPT if they have a timely filed H-1B petition for “change of status” (not consular notification) Student MUST present proof of a timely-filed H-1B petition (such as a mail receipt) to the OISS for cap-gap I-20 New I-20 will authorize student status and employment to June 1 If H-1B petition accepted, the student will need to submit Immigration Status Change Form to OISS along with petition approval. OISS will issue continued OPT I-20 from June1 until September 30. Terminated upon rejection, denial or revocation of H-1B petition 60 day grace period still applies Travel during this time should be avoided; proving intent to pursue F-1 activities can be difficult while H1-B pending or approved. May seem you are abandoning H1-B application. 90-limit of unemployment continues during cap-gap QUESTIONS?