Optional Practical Training SEMINAR

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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?
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