OPT - Stony Brook University

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Rules and Regulations for
Optional Practical Training (OPT)
Visa and Immigration Services (VIS)
E5310 Melville Memorial Library
Stony Brook University
(631)632-4685 | www.stonybrook.edu/visa
VISA & IMMIGRATION SERVICES
What is Employment?
Employment is any type of work performed or service
provided in exchange for money, tuition, fees, books,
supplies, room, food, or other benefits.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Optional Practical Training (OPT)
• Optional Practical Training (OPT) is a benefit of F-1 status.
• It is 12 months of employment authorization granted by U.S.
Citizenship and Immigration Service (USCIS) to F-1 students for
the purpose of gaining practical experience directly related to
their program of study.
• VIS issues an I-20 recommending OPT, which is then submitted
to USCIS.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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Types of OPT:
• Pre-Completion OPT: Takes place during your program of study
• Post-Completion OPT: Takes place after your program end date
• STEM Extension: An extension of 24 months (for a total of 36
months) is available to certain STEM degree recipients.
 Program completion date is defined as the end of your program of study (not
necessarily the date of your graduation ceremony).
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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Pre-Completion OPT
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Pre-completion OPT is employment authorization that allows F-1 students to
engage in off-campus employment that is directly related to their program of
study before their program end date.
Employment is limited to 20 hours/week while school is in session and the
student still has coursework to complete.
Full-time employment (>20 hours/week) can be requested for pre-completion
OPT during official school breaks, and for students who have completed all
requirements for their degree except for thesis or dissertation.
 Use of Pre-Completion OPT impacts the duration of time available for Post-Completion
OPT.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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•
Post-Completion OPT
Post-Completion OPT is employment authorization that allows F-1 students
to engage in employment directly related to their program of study after
their program end date.
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Student MUST work FULL-TIME (> 20 hours/week) to avoid limits on
unemployment.
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Students are only permitted one 12-month OPT Authorization per higher
education degree (i.e. Bachelor, Masters, PhD).
 Only Post-Completion OPT can be extended under STEM extension provisions
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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OPT Eligibility & Requirements
In order to be eligible for OPT you must have:
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Maintained valid F-1 status
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Completed ALL required coursework to graduate.
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Studied full-time for at least 1 academic year
Sufficient GPA (i.e. 2.0 for Undergraduates / 3.0 for Graduates)
Resolved all Incomplete (I) or NR grades from prior semesters.
Valid Passport: Valid at least six months into the future
Completed fewer than 365 days of full-time CPT.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Deadlines & Timeframes
OPT requires a recommendation from VIS in the form of an I-20. Authorization is then
granted by USCIS issued in the form of an EAD (Employment Authorization Document)
You may begin applying for Post-Completion OPT:
• 90 days before the program completion date
• 60 days after the program completion date - USCIS must receive the application
within 60 days of the program completion date.
Processing Time:
• Once the OPT request has been submitted in accessVIS, VIS may take up to 10
business days to issue the I-20 recommending OPT
• USCIS authorization takes approximately 2-3 months
• USCIS will not expedite the processing of your request before 90 days of processing
time has elapsed
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
OPT Application Timeline
Begin
Application
Process
Program
Completion Date
90 Days
Last day for USCIS to receive
your OPT application!
Range of Possible OPT
Start Dates (60 Days)
End of 12-Month OPT
60 Day
Grace Period
12 Months of OPT
Employment Authorization
Potential OPT Start Date
End of
F-1 Status
Last authorized OPT work
date (based on EAD Card)
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
OPT Application Process
VISA & IMMIGRATION SERVICES
Part 1: Requesting an I-20 Recommending OPT
1. Login to accessVIS through Full Services, using
your NetID and password.
2. Complete and submit BOTH forms within
the Optional Practical Training.
The following must be uploaded in accessVIS:
• Current Form I-94
• Passport (photo/expiration date)
• F-1 Visa stamp (if applicable)
• Undergrads ONLY: Academic Progress
Review Form completed by their academic
and major advisor(s).
• If employment has been secured, copy of the
Offer of Employment Letter is required.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
BOTH forms must
be submitted!
VISA & IMMIGRATION SERVICES
Choosing your OPT Start Date
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The Request for an I-20 Recommending OPT in accessVIS will require you to indicate your preferred OPT
start and end dates.
Your Post-Completion OPT start date must fall within the 60 day period following of the last day of your
final semester. You may request to begin your OPT right after school ends, or up to 59 days after your
program end date.
If requesting the full 12-month of Post-Completion OPT, the end date you will indicate on your request
should be 365 days from your start date.
 Once you have selected your OPT start date, it is very difficult to change and it is impossible to switch once your
request has been approved by USCIS.
 If USCIS cannot process your request by the start date you have selected, a later start date may be issued.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Choosing your OPT Start Date
Begin
Application
Process
Program
Completion/End
Date
90 Days
Last day for USCIS to receive
your OPT application!
Range of Possible OPT
Start Dates (60 Days)
End of 12-Month OPT
End of
F-1 Status
60 Day
Grace Period
12 Months of OPT
Employment Authorization
Potential OPT Start Date
Last authorized OPT work
date (based on EAD Card)
 Remember, your I-20 Program End Date (or expiration date) will be shortened to the last
day of the semester in which you will graduate.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Part II: Submitting the I-765 to USCIS
If your request for OPT is approved VIS:
• $100 International Student Fee will be charged to your SOLAR account
• You will be contacted via email to sign up for an OPT Part II session in accessVIS.
• You must attend an OPT Part II session within 15-business days of your OPT I-20 being
issued.
• During OPT Part II you will meet with an international student advisor to collect your
new I-20, have your I-765 Application for Employment Authorization reviewed, and
discuss your obligations for maintaining your status while on OPT.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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Part II: Submitting the I-765 to USCIS
Students are required to have all of the following documents prepared and ready for review prior to
attending an OPT Part II session.
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Completed Form I-765, fill-able PDF version recommended.
Form G-1145
Copies of all Forms I-20 every issued to you (pages 1 and 3)
Two passport style photos, no more than 30-days old
Money order or certified check for $380 made out to "U.S. Department of Homeland Security"
Copies of the ID & expiration date pages in your passport and most recent U.S Visa Stamp.
Copy of your most recent admission stamp (in passport)
Copy of your electronic Form I-94
Copies of any previous EAD cards (if applicable)
 These documents AND your I-20 recommending OPT must be submitted to USCIS within 30
days of the issue date listed on your OPT Form I-20.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
OPT Approval & EAD Authorization
• USCIS takes approximately 90 days to process your I-765 Request for OPT.
• Upon approval by USCIS, you will receive an Employment Authorization Document (EAD).
• The approval dates on your EAD card may be different than what you requested.
• You may not work until you receive your EAD card and you may only work within the
dates specified on your EAD (this includes any type of volunteering, training, internship,
orientation etc.).
• Employment during OPT must be directly related to your academic program and full-time
(at least 21 hours per week).
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Limited Periods of Unemployment
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You may not accrue more than 90 days of unemployment during Post-Completion OPT.
The unemployment clock starts ticking as of the start date listed on your EAD card and
does not stop until you have reported your OPT Participation in accessVIS by submitting
the OPT/STEM Reporting form AND your VIS advisor has reported it in SEVIS. Please
note that requests may take up to two weeks for processing.
If you accumulate 90-days of unemployment, your SEVIS record will be terminated.
We recommend keeping proper documentation for each job you hold, which verifies
dates of employment, job description and title, as well as supervisor contact
information (Examples: pay stubs, W-2, tax returns).
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Types of Employment Allowed on OPT
Multiple Employers: You may work for more than one employer, but all employment must be related to your
degree program. If authorized for pre-completion OPT, employment can not exceed the allowed per week
cumulative hours.
Short-term Multiple Employers (performing artists): You may work for multiple short term employers (gigs).
Maintaining a list of all gigs, the dates and duration is strongly recommended. Typically used by musician and
other performing artists.
Work for Hire: Commonly referred to as 1099 employment, you may perform a service based on a
contractual relationship rather than an employment relationship. If requested by DHS, you must be prepared
to provide evidence showing the duration of the contract period and the name and address of the contracting
company.
Self-Employed Business Owner: You may start a business and be self-employed as long as you are able to
prove that you have proper business licenses and are actively engaged in a business related to your degree
program.
Employment Through an Agency or Consulting Firm: If employed through an agency or consulting firm you
must be able to provide evidence showing you’ve worked an average of at least 20 hours per week.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Can I Volunteer on OPT?
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Volunteerism is any job/internship whose original purpose was to be a non-paid position.
If the job normally has a stipend, but the employer agrees not to pay you for the work, this is not
considered volunteer and therefore is a violation of labor laws and NOT acceptable employment.
You may work as a volunteer or unpaid intern, where this practice does not violate labor laws.
Volunteer work must be at least 20 hours per week for those on post-completion OPT and
directly related your degree program.
You should be able to provide evidence, in the form of a letter from you employer, verifying the
dates you worked and the number of hours per week.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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Reporting Requirements
Students on OPT are required to report in accessVIS the following changes
within 10 days:
• Approval of your I-765, Request for OPT by USCIS
• Change of address
• Change of name
• Additions/Changes in employment
• Terminations or interruption in employment
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Invalidating Your OPT
Your OPT authorization may be cancelled or invalidated if you:
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Start a new degree program
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Change or end your status
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Transfer to another institution
Enter the U.S. using any visa other than F-1
Violate your F-1 non-immigrant status
Are unemployed for more than 90 days
 Contact your VIS Advisor for instructions on how to proceed.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Failure to Complete Academic Program
It is important to speak to your VIS Advisor before your program end date if you think you
there is any possibility that you may not graduate.
• If you fail to complete your academic program requirements AFTER your I-20 program
end date, you MUST contact your VIS Advisor immediately.
• If your OPT request has NOT been approved by USCIS, and you contact us immediately
there may be a chance to withdraw your request with USCIS.
• If your OPT request HAS been approved by USCIS, it is unlikely USCIS will cancel your
request and you may lose eligibility time for Post-Completion OPT.
• Termination and Reinstatement to F-1 Status will likely be necessary. Your VIS advisor
will provide appropriate guidance.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Travel and Re-Entry on OPT
Travel outside of the U.S. while your I-765 Request for OPT is pending with USCIS is a risk and could
jeopardize the approval of your application.
If you decide to travel, upon reentry to the U.S. be prepared to show the following documents:
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Valid passport with an expiration date that is at least 6-months into the future
Valid, unexpired F-1 visa
Valid Travel Signature on OPT I-20 (OPT travel signatures are only valid for 6-months)
Employment Authorization Document (EAD card)
Proof of employment (e.g. initial offer letter, pay stubs, employment verification letter)
If you wish to renew your F-1 visa while traveling outside of the U.S., in addition to your immigration
documents, it is recommended that you have your EAD and proof of employment readily available.
 Students who have received their EAD cards, but have not found employment could encounter
difficulties when re-entering the US.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
OPT STEM Extension
An extension of 24 months (for a total of 36 months) is available to certain STEM degree recipients.
Requirements for the 24-Month Extension
• Completion of a Bachelor’s, Master’s or Doctoral STEM degree.
• Currently participating in post-completion OPT, working a minimum of 20 hours/week, for a U.S.
employer who is e-verified, in a job directly related to your major area of study.
• Employer completes the government required formal training and learning objectives plan.
When to apply for STEM OPT
• 120 days before your authorized Post-Completion OPT end date.
• STEM students who timely file an application for 24 month OPT extension will be able to continue
employment while the extension application is pending, until a final decision is made or for 180
days, whichever comes first.
 $200 International Student Fee will be charged to your SOLAR account upon approval of your request.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
H-1B Cap Gap Extension
VISA & IMMIGRATION SERVICES
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H-1B is an employment based status.
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Your duration of status and work authorization will be automatically extended if you are the
beneficiary of a timely-filed cap subject H-1B petition.
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Cap Gap Extension is a government generated extension of your OPT work authorization or status
of stay. It bridges the gap between the end date of your OPT and start of your H-1B status (October
1st)
If applicable, a Cap-Gap I-20 may be requested from VIS you must submit the H-1B: Cap Gap
Extension Request form in accessVIS.
If you are in your OPT grace period when the H-1B petition is filed (usually April 1), only your
duration of status will be extended, not your work authorization.
 Travel abroad is not recommend during a H-1B cap gap extension
 The Cap Gap extension of your status/work authorization will automatically terminate upon the
rejection, denial, withdrawal or revocation of your H-1B petition.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Income Tax Filing Requirement
You are required to file both federal and state taxes every year whether or not you
have earned income in the US
• File Form 8843 if you have not earned an incoming in the U.S.
• File Form 1040NR if you have earned an incoming in the U.S.
We recommend using a tax accountant for assistance in filing taxes.
Basic information and useful links can be found at www.stonybrook.edu/visa
 Some F-1 students and scholars qualify for a tax treaty exception but must file to
claim the tax treaty exemption
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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Health Insurance
• While under Stony Brook’s program for OPT
you are required to have health insurance
after graduation.
• You may enroll in SUNY’s Health Insurance
plan or your employer’s insurance plan.
• We recommend that you enroll in MEDEX in
addition to the standard health insurance
plan.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Recap: OPT Application Process
Request
•Request your I-20
recommending OPT in
accessVIS.
•Allow 10-business days for
processing.
Meet
•Register and attend an OPT
Part II session.
•During OPT Part II you will
collect your new I-20,
have your I-765 reviewed
and discuss your obligations
for maintaining your status
while on OPT.
Mail
•Mail your I-20 and the
required supplemental
documents to USCIS within
30 days of the I-20 issue
date.
Report
•Once USCIS has approved
your request, submit the
OPT/STEM Reporting form
in accessVIS.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Reminders:
• You may request Post-Completion OPT 90 days before the program end date and up to 60 days
after the program end date (printed on the Program of Study section for your Form I-20).
• If your request for Post-Completion OPT is approved VIS, your I-20 Program End Date (or
expiration date) will be shortened to the last day of the semester in which you will graduate.
• The I-765, OPT application must be receipted by USCIS within 30 days of your OPT Form I-20 being
issued AND no more than 60 days following your program end date.
• Your employment while on OPT must be directly related to your field of study and appropriate to
your degree level.
• You may not work until you receive your EAD card and you may only work within the dates
specified on your EAD.
• You may not accrue more than 90 days of unemployment during Post-Completion OPT.
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
Contact Us:
Visa and Immigration Services
E5310 Melville Library
631.632.4685
www.stonybrook.edu/visa
accessVIS: https://vis.stonybrook.edu
Lindsi Walker
Assistant Dean
Lindsi.Walker@stonybrook.edu
Michelle Schenke
Office Manager
Michelle.Schenke@stonybrook.edu
A-D
Tricia Simons Figuero
tricia.simonsfiguero@stonybrook.edu
E-J
Meghan Behan
meghan.behan@stonybrook.edu
K-M
Christos Kalesis
christos.kalesis@stonybrook.edu
N-V
Jasmina Gradistanac
jasmina.gradistanac@stonybrook.edu
W-Z
Jessica Raphael
jessica.raphael@stonybrook.edu
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
VISA & IMMIGRATION SERVICES
QUESTIONS
E5310 Melville Library Stony Brook, NY 11794 | T: 631-632-4685 | vis@stonybrook.edu
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