Pg. 1 OPTIONAL PRACTICAL TRAINING (OPT) What is optional practical training? OPT is training/employment that is directly related to an F-1 academic student’s major of study. It is intended to provide students with practical experience in their field of study during or upon completion of a degree program. Who is eligible for OPT? An F-1 academic student who has attended an SEVP-certified college, university, conservatory, or seminary on a full-time basis for at least one academic year may be authorized up to 12 months of OPT per program level, excluding language training. However, F-1 students who have one year or more of full-time Curricular Practical Training (CPT) are not eligible for OPT for that degree level. What is the difference between Pre-completion OPT and Post-completion OPT? Pre-completion OPT is authorized before the student’s program end date. Students with approved pre-completion OPT must be enrolled full-time and may work up to 20 hours per week while school is in session. Students who are eligible to register for the next term, and who plan to do so, may have approval to use OPT full time when school is not in session during breaks and vacation periods. Post-completion OPT is authorized after the student has completed all course requirements excluding their thesis/dissertation or after the student’s program end date. The following table illustrates some of the “pros and cons” of pre-completion vs. post-completion OPT and how each type may affect your eligibility for certain immigration benefits. PRE-COMPLETION OPT Days of unemployment are not counted Employment can be full or part time Not eligible for STEM extension Not eligible for “Cap Gap” May extend program, if needed, after the completion of OPT POST-COMPLETION OPT Days of unemployment are counted Employment can be full or part time Potentially eligible for STEM extension Potentially eligible for “Cap Gap” Cannot extend program after the completion of OPT If you have questions regarding which type of OPT is best for your particular situation, please contact ISFS to schedule an appointment with an International Student Advisor. International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 2 What types of employment are allowed for regular pre- and post-completion OPT? All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program and commensurate with the degree level. For students who are not on a STEM extension, this employment may include: Paid employment: Students must work part time (at least 20 hours per week when on postcompletion OPT) or full time. o Multiple employers: Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours. o Short-term multiple employers (performing artists): Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, dates, and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs. o Work for hire: This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. o Self-employed business owner: Students on OPT may start a business and be selfemployed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. o Employment through an agency: Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency. Unpaid employment: Students may work as volunteers or unpaid interns when this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment. When should I apply? F-1 students may apply for post-completion OPT up to 90 days before their program end date and up to 60 days after their program end date, though we recommend applying 2-3 months prior to when you want to being working to allow for processing delays. How long will it take for my application to be processed? The average OPT application takes 2-3 months to process; however, this is not a guarantee of processing time. If you have a job offer and request expedited processing, it typically takes 6-8 weeks. Once your application has been mailed, you will receive a receipt within 2-3 weeks - this receipt will indicate your “LIN” number. Once you have received your receipt, you can use your receipt number to check the status of your application online. Go to http://www.uscis.gov and follow the “Case Status Online” link. When your application has been approved, you will receive a card called an “Employment Authorization Document” (EAD). You must show this to your employer as evidence that you are authorized to work. If you are offered a job prior to approval of your OPT application, you can request “expedited” processing of your application, but cannot begin working until you have the EAD card in hand and within the dates printed on the card. How can I track the progress of my application? If you mail your application to the Phoenix, Chicago, or Lewisville, TX Lockbox, you can have the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition. You must include the following form with your application - http://www.uscis.gov/files/form/g-1145.pdf. International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 3 Will the EAD card be mailed directly to me? Your EAD card will be delivered to the address that you enter on the I-765 application form. It is a good idea to make a copy of the card for your records. When can I begin working? You may not begin working until you have received your EAD. Once you have your EAD you may work during the dates on the card. What if I will change residence after I apply for OPT and before I receive my EAD card? If you plan to move before you receive the EAD card, you should contact USCIS to notify them of your new address. What are the limits on periods of unemployment? Students on post-completion OPT may accrue up to 90 days of unemployment. Students who have OPT extended due to the cap gap provisions continue to accrue unemployment time and are subject to the 90-day limitation on unemployment. Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire 29 month post-completion OPT period. How does travel outside the United States impact the period of unemployment? If the student whose approved period of OPT has started, any travel outside of the United States while unemployed will count as unemployment against the 90/120-day limits. If a student travels while employed either during a period of leave authorized by an employer or as part of their employment, the time spent outside the United States will not count as unemployment. What details should students report to ensure that their status does not expire due to excessive unemployment time? Students are encouraged to report changes in employment to isfs@ohio.edu or the particular International Student Advisor that they have been working with within 10 days. The following table suggests the best way to report employment or a change in employment: If you start a new job: If you change jobs: If you are unemployed for Current address (Make sure to update on-line with the university system too: http://www.ohio.edu/registrar/myaddress.cfm) Current employer Current employer address Start date of employment Previous employer Previous employer address End date of employment Current address (Make sure to update on-line with the university system too: http://www.ohio.edu/registrar/myaddress.cfm) Name of current employer Current employer address Start date of employment Indicate “unemployed” End date of last job more than 10 days: If you decide to depart the U.S. and complete your F-1 status prior to the end date of OPT: Indicate that you will be completing OPT and exiting the United States Date of departure International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 4 What is the effect on a student’s status if the student exceeds the period of unemployment? A student who has exceeded the period of unemployment while on post-completion OPT has violated their immigration status unless they have taken one of the following actions prior to accruing 90 days of unemployment: Applied to continue his or her education by a change of level or transferring to another SEVPcertified school Departed the United States Applies to change their immigration status Taken action to otherwise maintain legal status How will this provision be enforced? Students may be denied future immigration benefits that rely on the student’s valid F-1 status if the Department of Homeland Security determines that the student exceeded the limitations on unemployment. Additionally, Immigration and Customs Enforcement and/or the Student and Exchange Visitor Program may examine SEVIS data for an individual, a selected group, or all students on post-completion OPT and terminate a student’s record if it fails to show the student maintained the proper period of employment. What do I need to know about taxes before I begin working on OPT? All students on F-1 visas who are working while on OPT are “exempt” from paying Social Security & Medicare taxes. Federal, state and local income taxes should be withheld. When you complete your employment and tax forms, you should make sure that your employer understands that Social Security and Medicare taxes should not be withheld from your salary. If your employer is unfamiliar with this exemption, refer to Internal Revenue Service Publication 519, which is available online. If your employer withholds these taxes in error, they must refund the amount withheld to you. What should I do if I am currently working under “Curricular Practical Training” (CPT) and want to continue working with the same employer? It is essential that you apply for your OPT on time. Due to the unpredictable processing times for EAD cards, if you apply for OPT less than 3 months before your CPT ends, it is possible that you may have to interrupt your employment. If you have not received your EAD card at that time, you cannot continue your employment. Once you receive your EAD, show it to your employer and ask to have your personnel file updated to show your work eligibility is based on OPT. How does a transfer or change of level impact the period of OPT? Any OPT authorization ends at the start of the new program for a student who requests a transfer to another SEVP-certified school or a change of level to continue at the same school. If you have any questions, please contact ISFS at 740-593-4330 to schedule an appointment with an International Student Advisor or email the general account for assistance at isfs@ohio.edu. International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 5 OPT APPLICATION INSTRUCTIONS Optional Practical Training provides an opportunity for F-1 students to gain employment authorization from the United States Citizenship and Immigration Service (USCIS) for jobs that are directly related to your field of study and current education degree level. You do not need a job offer in order to apply. If you do have a job offer, you can request expedited processing for your OPT application by providing a copy of your offer letter (on company letterhead and including your name, start date, and position), which may shorten the wait time. To learn more, please discuss expedited processing with an International Student Advisor. Instructions for application: F-1 and ISFS F-1 Student must attend an ISFS OPT Workshop. Visit the front desk of WIEC to sign up for a workshop. Student must submit a completed Academic Advisor OPT Recommendation form to ISFS. ISFS will process a recommendation for OPT in SEVIS. This event creates a new I-20, a copy of which is required for your OPT application. Mail the following items to USCIS to apply for OPT at one of the addresses on the back. You must submit the OPT application to USCIS within 30 days of the creation of the new I-20. Form I-765 - Application for Employment Authorization Download the form - http://www.uscis.gov/files/form/i-765.pdf Complete and sign the form Be sure to make the correct designation at item 16: (c)(3)(A) for pre-completion OPT (very rare; please speak with an International Student Advisor prior to submitting application) (c)(3)(B) for standard post-completion OPT I-765 filing fee – currently $380 – by personal check or money order made out to U.S. Department of Homeland Security Copies of ALL Forms I-20 issued to you, including a copy of the new I-20 just issued to you by ISFS. (Keep the originals. USCIS will not return them.) Copy of your passport bio page (should include the photo page, page with passport validity dates, including renewal page if original has expired, and pages showing amendments such as name changes, corrections, etc.) Copy of F-1 visa Copy of both sides of your I-94 card (the small white card in your passport) or a copy of the electronic I-94 (click here) Two color photographs; see instructions on reverse Copy of job offer letter, if applicable International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 6 Instructions for photographs Photographs for this application must have a white background and must be no more than 30 days old. They should be glossy and not mounted or retouched. The photos should show a full face, front view, with eyes open and a natural expression. Your head should be bare unless you are wearing a headdress as required by a religious order to which you belong. The photo should not be larger the 2 X 2 inches, with the distance from the top of the head to just below the chin about 1 to 1 3/8 inches. Lightly print your name and SEVIS ID number on the back of each photo with a pencil. Photographs may be taken at the FedEx Office on Court St., or CVS in Athens. Mail your completed OPT application to USCIS at the appropriate address below. We strongly encourage you to use a delivery option that can be tracked. If you live in: Mail application to: USCIS Phoenix Lockbox Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands. For U.S. Postal Service (USPS) deliveries: USCIS PO Box 21281 Phoenix, AZ 85036 For Express mail and courier deliveries (UPS or FedEx – recommended): USCIS Attn: AOS 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 USCIS Dallas Lockbox Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia For U.S. Postal Service (USPS) Deliveries: USCIS PO Box 660867 Dallas, TX 75266 For Express mail and courier deliveries (UPS or FedEx – recommended): USCIS Attn: AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067 International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 7 ACADEMIC ADVISOR’S RECOMMENDATION OPTIONAL PRACTICAL TRAINING (OPT) Student’s Section Family/Last Name: __________________________________ Given/First Name:______________________________ PID: ________________________________________ Requested OPT Start Date:____________________________ *Please be aware it can take USCIS up to 90 days to issue the OPT card* 1. I am requesting the following (check-one): Pre-completion OPT (OPT will take place prior to completion of all my degree requirements) Please indicate (c)(3)(A) in #16 of form I-765. Post-completion OPT (OPT will take place after the completion of all my degree requirements) Please indicate (c)(3)(B) in #16 of form I-765. 2. Have you had any previous pre-completion or post-completion OPT authorizations?: No Yes (select one or more below): While enrolled as a student at Ohio University While enrolled as a student at another U.S. school Attach copy of previous I-20 with OPT authorization(s) as well as a copy of your previous EAD card(s). Program Completion Date vs. Graduation Date Program Completion Date: This is the date by which you will complete your degree requirements. For undergraduate students, this is the date by which you will complete your degree and graduate. For graduate students, this is the date by which you will have completed all of your coursework requirements excluding thesis/dissertation OR the date by which you have completed all of your requirements including thesis/dissertation International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs Pg. 8 Academic Advisor’s Section The student referenced above is applying for permission to engage in Optional Practical Training (OPT), an employment authorization provided by the regulations of the United States Citizenship and Immigration Services (USCIS). Before this authorization can be granted, ISFS must have a statement from the student’s Academic Advisor indicating the date of completion of the student’s degree requirements. GRADUATE STUDENTS: Please note that the program completion date is not necessarily the graduation date, but is the date on which all requirements for the degree have been fulfilled excluding thesis/dissertation. 1. The above-named student (select one): has completed all course requirements has completed all course requirements excluding thesis/dissertation or equivalent will complete all course requirements this semester 2. Please list all current majors/degrees that student is pursuing or just recently completed: ___________________________________________________________________________ 3. The above-named student’s program completion date is: May 2, 2015 (spring semester) August 15, 2015 (summer semester) December 12, 2015 (fall semester) April 30, 2016 (spring semester) Academic Advisor’s Signature: ___________________________________ Date: ___________________ ISFS USE ONLY Initial OPT on STEM degree – Y N Revised June 2015 International Student and Faculty Services • Walter International Education Center 15 Park Place • Athens, OH 45701 • 740.593.4330 • 740.593.4328 (fax) • www.ohio.edu/isfs