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 VISA & IMMIGRATION SERVICES 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 VISA & IMMIGRATION SERVICES Pre-Completion OPT • • • 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 VISA & IMMIGRATION SERVICES • 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. • Student MUST work FULL-TIME (> 20 hours/week) to avoid limits on unemployment. • 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 VISA & IMMIGRATION SERVICES OPT Eligibility & Requirements In order to be eligible for OPT you must have: • Maintained valid F-1 status • Completed ALL required coursework to graduate. • • • • • 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 • • • 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 VISA & IMMIGRATION SERVICES 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. • • • • • • • • • 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 • • • • 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? • • • • • 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 VISA & IMMIGRATION SERVICES 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: • Start a new degree program • Change or end your status • • • • 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: • • • • • 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 • H-1B is an employment based status. • 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. • • • 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 VISA & IMMIGRATION SERVICES 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