Request for Post-Completion Optional Practical Training (OPT) Optional Practical Training (OPT) is an employment benefit contained in the U.S. Citizenship and Immigration Service (USCIS) regulations governing the F-1 visa category. Students who have maintained their status will have an opportunity to obtain work experience in their fields of study in order to enhance their educational experience in the United States. • Pre-Completion OPT: OPT that is done before the student has completed his/her studies; full-time during the summer and/or part-time during the fall and spring semesters; time completed in Pre-completion OPT is subtracted from Post-completion OPT. English Language Institute students and Part-time Border commuters are not eligible. Filing deadline 90 days before you desire to start working (see Pre-completion Optional Practical Training application packet) • Standard Post-completion OPT: Full-time OPT that is done after the completion of studies or for graduate students during thesis/dissertation. Language Institute students are not eligible; Filing deadline 90 days before completion of all work and 60 days after completion. Canadian and Mexican citizens admitted as part-time F-1 "border commuter students" are eligible only for curricular practical training and post-completion optional practical training. They are not eligible for pre-completion OPT or for on- or off-campus employment. Once the application is submitted to the IASS, it will take 5-7 working days for the paperwork to be completed for submission. • 24-Month STEM extension OPT: There is an additional 24 month extension for certain STEM majors in the area of Science, Technology, Engineering and Math. Student must already be approved for and be employed under Standard Post-completion OPT in order to apply. Employer must be registered in E-Verify System. Filing deadline, before expiration of standard OPT. Once the application is submitted to USCIS it will take 2-3 months for approval Application for Standard Post-completion Optional Practical Training Post-completion Standard OPT is normally valid for 12 months and all students who have completed a degree are eligible to apply. All F-1 students are allowed one year of OPT for completion of each level of study (i.e., BA, MA, Ph.D. Completion). A second degree in the same level of study does not qualify for another year of OPT. To be eligible for Standard Optional Practical Training Status: The student must be in valid F-1 status at the time of application. Enrollment: Student must have been lawfully enrolled on a consecutive, full-time basis at a DHS-approved school for one full academic year before being eligible for OPT. Full-time OPT: Only full-time OPT is approved. Whether employed part-time or unemployed OPT time is counted as full-time. 1 Frequently Asked Questions What is the purpose of OPT? The purpose is to allow students the opportunity to engage in off-campus employment, which is related to their major field of study, but is neither required nor earning course credit for their degree program. Do I have to have a job offer to apply for Standard Post-Completion OPT? It is not necessary to have an offer of employment to apply for OPT. However, while on OPT, you have to be working or be actively looking for a job. In the future, if you want to apply for other benefits, USCIS may require verification of employment while on OPT. Once approved, you may not be unemployed for more than a total of 90 days or your OPT will terminate. When am I eligible to use Standard Post-Completion OPT? Students may be authorized for Standard Optional Practical Training after the completion of a course of study (i.e., after graduation). Employment should be full-time. What is the difference between “completion of study” and “graduation”? Completion of program refers to the date when you finish everything that you need to do to finish your program, defend thesis/dissertation, take final exam, etc. Your graduation ceremony date is the day that you walk down the aisle and receive your diploma. The graduation ceremony date does not concern the USCIS – the important date is your degree completion date. All students meet their degree requirements at some point. Many students never attend their graduation ceremony, or they may choose to attend a graduation ceremony that is months after they meet degree requirements. How soon should I apply? You can only apply 90 days before you meet degree requirements (post completion OPT) or within 60 days after you complete your program. Am I legally present in the U.S. if I meet degree requirements May 14th but request a start date of July 12th? Yes, you are legally present during that time and you are in F1 status. What status will I hold when I’m on OPT? You will still be in F-1 student status and be subject to the same entry requirements. If you travel outside the U.S. during the validity period of your EAD card, you have to have a valid F-1 entry visa, I-20 signed within the last six months, valid passport and EAD card, and employment letter. You are still required to report a change of name and address within 10 days of the change. You will have to email the IASS at international@utrgv.edu to update your address or employer information. Can I leave the US after my degree completion but before I apply for OPT? NO! If you leave the U. S. after you complete your studies and have not applied for OPT, you are no longer eligible to apply. You must apply before you leave the United States and before you meet degree requirements. When must I stop on-campus employment? Students must stop working as a “student-worker” on the program completion date. If you have been offered a full-time position at the University, you may begin such employment after you receive the EAD card and the validity dates are in effect. (See below) Can I study while on OPT? Study while on OPT is possible as long as the study is incidental to your status and is parttime. When can I begin working on OPT? You can begin employment when the application is approved, you have your EAD card AND the start date you requested has been reached. If you ask for a later date and the card comes early, you can’t start working until you reach the start date on the EAD card. Can OPT be extended? Yes, under the new rule, a student currently on OPT who is the beneficiary of a timely-filed H-1B petition that requests an employment start date of October 1 of the following fiscal year will have his or her duration of 2 status and OPT employment authorization extended to that date. Should the pending H-1B petition ultimately be denied, the student will have a 60 day grace period from the notification date of the denial to depart the United States, obtain admission to a new F-1 SEVIS-approved school, or file an application for a change of status. If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on Standard post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition. Additionally, students in the STEM (Science, Technology, Engineering, Math) fields are eligible for a 24 month extension if their employer is enrolled in the E-verify program. The IASS does not know who is or is not enrolled. You would have to ask your employer. To request a 24 month STEM extension you have to complete a STEM application package and present all OPT required documentation and proof that you received a degree in a STEM field and the E-verify number of your employer. What happens if USCIS has approved my OPT but I have not found a job? Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student's employer, to verify that he or she worked at least 20 hours per week during the period of employment." Student will need to turn in the letter of employment as “volunteer” to the international student advisor so the OPT can be activate on SEVIS. What if I can’t find a job or lose my employment? During Standard Post-completion OPT, F-1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial Standard Post-completion OPT authorization. Students granted a 24-month OPT extension may not accrue an aggregate of more than 150 days of unemployment during the total OPT period comprising any post-completion OPT carried out under the initial post-completion OPT authorization and the subsequent 24-month extension period. Do I need to report to the IA & SS while I am on Standard Post-completion OPT? Yes. While on OPT you must update the IASS on any changes that may occur in the following areas: o o o o Employer name, address, Termination of employment Change of employment Change of personal address Can I travel outside the U.S. after I have received my EAD? Yes, but not until you have found a job. In order to travel outside the United States after you have received your Employment Authorization you will need the following documents in order to re-enter: o o o o o o Valid passport with at least 6 months validity left on it I-20 with shortened completion date, OPT recommendation and signed by immigration advisor within the last 6 months I-94 Valid F-1 visa Letter from current employer stating that you are employed Valid Employment Authorization Document (this EAD will say “not valid for travel”). This means that you cannot travel using this card by itself. You must have all the other required documents. 3 Application Instructions Form I-765 The I-765 must be completed on-line at the following USCIS website. Once completed, you may print it out and bring it to our office. The USCIS website will also give you an option to submit it electronically but we do not recommend that you choose this option since it is relatively new and would require you to go to USCIS in McAllen to have fingerprints, and photos taken. 1. 2. 3. 4. 5. To access Form I-765 Application for Employment Authorization Go to http://www.uscis.gov/portal/site/uscis Click on the green tab titled “Forms” Scroll down until you find Form I-765 Apply for Employment Authorization Click on the “Form I-765” link at the beginning of the text Complete Application and print out A note about the photos: You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8” to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt number on the back of the photo. Detailed Instructions for Completing Forms I-765 In USCIS website select and complete Form I-765 Fill in the I-765 according to the following; mistakes or omissions can cause delays. I am applying for: check Permission to Accept Employment 1. 2. 3. Name Type in name exactly as it appears on I-20 Other names: If there are no other names on I-20 leave blank Address in the U.S. We highly recommend that you use one of the UTRGV addresses. 1201 West. University Dr, STAC 3.128 Edinburg, TX 78539 “or” One West University Blvd., MAIN 1.308 Brownsville, TX 78520 Country of Citizenship Type in your country of citizenship as listed on the I-20 Place of birth Type in the city and country of your birth Date of birth Type in your date of birth: use format of: month/day/year Gender Select your sex Marital Status Select your marital status Social Security Number Type in your Social security Number (if you do not have one, leave blank) Alien registration Number or I-94 number Type in the number on the top of your I-94 card in your passport i.e. 123456789 10 Have you ever applied for employment authorization from USCIS before? This will in most cases be “no” unless you have filled out an I-765 application before; if you have filed an application for employment with immigration before, you will need to put that information in these spaces and supply documentation. 12. Date of last Entry into the U.S. This is the date stamped on your I-94 card 13. Place of last Entry into the U.S. This is the city abbreviation stamped on your I-94 card; this will be the city where you entered the U.S. when you received the I-94 (Chi-Chicago, Hous-Houston, Hid-Hidalgo, Mia-Miami, etc.) 14. Status of last entry F-1 student (unless you have changed your status to that of a student inside the U.S.) 15. Current Immigration status: Type in: Student 16. Go to Part 2 of the Instructions, Eligibility Categories: Type in (c) (3) ( B ) 17. Leave this section blank Certification: You will then need to sign, date and put the telephone number where you can be reached by immigration if they need to contact you. 4. 5. 6. 7. 8. 9. 10. 11. 4 Example of Form I-765 5 REQUEST FOR STANDARD POST-COMPLETION OPTIONAL PRACTICAL TRAINING APPLICATION Personal Information • Name: ________ • Date of birth: MM / DD UTRGV ID#: Current type of visa: / YYYY F-1 other • Telephone where you can always be reached: • Mail: Personal: UTRGV: • Date studies began at UTRGV: Semester___ • Date that you will complete your program: • I am applying for: Graduate Undergraduate Year: ______________ Month Day Year Standard Post-completion Optional Practical Training • Major field of study: (Does it match I-20? Yes No) • I am a graduate student (masters/doctoral) who has finished all coursework and I am currently working on my thesis/dissertation. Yes No • Expected date of completion of studies: December of 20 _____ July of 20 _____ May of 20 ______ August of 20_____ Student must submit this page to IA & SS • Current Status (mark two boxes): Full-time Part-time • Exact date that you desire to begin Optional Practical Training: (Must be within 60 days after graduation) Month: Day: Year:__________ • Exact date that you desire to end Optional Practical Training: (One year (minus 1 day) later than start date) Month: Day: Year:__________ Item Checklist for submission to IA&SS Application will not be processed until all items below are submitted to the IA & SS This form I-765 Application Form (complete on-line at USCIS website http://www.uscis.gov, print and submit it to our office) Check for $380 (payable to: U.S. Department of Homeland Security) we do not recommend a money order Two Photos Passport style (please write your name lightly on the back of each photo with a pencil; must have white background) Signed Restrictions Notification (attached) Official transcript Intent to Graduate Form (attached to this form; must be completed by Academic Advisor (from your department) affirming that it is possible for you to graduate by the date indicated by the student Once the DSO recommends a student for OPT, the student has 30-days from the day of recommendation to submit and confirmed that the application and any supporting documentation has arrived to USCIS. It is the responsibility of the student to make sure his/her application has arrived on a timely manner to USCIS. If you will be using our University address on Form I-765, please initial here ______ to give us authorization to open correspondence from USCIS. 6 Please understand that once you have submitted everything, it will take at least 10 working days for our office to have all documents ready to be signed by you for submission to USCIS. We will notify you when they are ready. USCIS approval or denial is taking around 40-90 days once they receive the application. There is no way to expedite the procedure. Restriction Notification There are several restrictions that govern your Standard Post-completion Optional Practical Training Authorization. If you have filed for OPT but have not finished your coursework, you can leave and re-enter the U.S. as long as your I-20 program completion date is still in the future. If you have finished all your coursework and have filed for OPT you it is optional to leave the U.S. before you have received your Employment Authorization Document (EAD) and you have or have been offered a job. It is not recommended in the case that you receive a request for additional evidence and you must respond to them on a certain deadline. In the case that you travel outside the U.S. before being approved, you will be required to have your EAD on hand to be able to re-enter the U.S. You cannot begin work until you have received your Employment Authorization Document (EAD) from the U.S. You cannot be unemployed for a cumulative total of more than 90 days during the year of OPT. Once you have reached 90 days of unemployment your OPT will be terminated. You can work in a verifiable (documented) volunteer position and it will count as OPT employment. Student must submit this page to OIAS You cannot work before or after the dates listed on your EAD. You cannot accept employment that is not directly related to your major area and commensurate with your educational level. Once you have applied for Optional Practical Training and it is very difficult to cancel the application and once it has been approved you cannot cancel it. Once you apply, we are required by regulations to shorten your completion date on your I-20. If you do not graduate, you need to tell us at least two weeks before the end date on your I-20 or it will be a violation of status and you will lose Optional Practical Training. While on OPT you must update the IASS on any changes that may occur in the following areas: o Employer name, address, o Termination of employment o Change of employment o Change of personal address In order to travel outside the United States after you have received your Employment Authorization you will need the following documents in order to re-enter: o Valid passport with at least 6 months validity left on it o I-20, with shortened completion date, OPT recommendation and signed by immigration advisor within the last 6 months o I-94 o Valid F-1 visa o Letter from current employer stating that you are employed o Valid Employment Authorization Document (this EAD will say “not valid for travel”). This means that you cannot travel using this card by itself. You must have all the other required documents. I have read and understand the restrictions that apply to my practical training status. My signature affirms that I agree to and accept said conditions. Name (please print): ______________________________Signature: __________________________ Date:__________________ 7 Please make sure that you obtain a copy of this page for your records. Intent to Graduate Verification Form for OPT This section to be completed by student Student UTRGV ID Number: Degree/Major: Date: Student must submit this page to IASS Printed Name: This section to be completed by professor/academic advisor This international student is applying with the Department of Homeland Security for Optional Practical Training (one year of employment in the U.S. which is related to their major field of study). • • • • This application is based upon the completion, or soon to be completion of all coursework related to his/her degree. Your signature does not mean that the student is assured of graduation. It just indicates that if everything proceeds normally, the student should be able to complete his/her studies by the date indicated. We understand that you cannot guarantee completion of all coursework needed for graduation but we need to know that it is probable. If a student applies for OPT and fails to complete his/her coursework it is very likely that they will forfeit that immigration benefit of their F-1 status. Please check which one applies: This student completed all of his/her coursework on (date): This student should complete all necessary coursework needed for graduation by: Month ________________ Year ________________ This student is a graduate student who has completed all the necessary coursework for this degree and is now working on his/her thesis or dissertation. If you have questions, please contact an International Student Advisor at 665-2299 or 882-7092. _________________________________________ _________________________________ _________________________________________________ Telephone ________________________________ Printed Name of Academic Advisor/Major Professor Updated 4/25/16 Signature of Academic Advisor/Major Professor E-mail Address 8