Post-Completion Optional
Practical Training
International Students & Scholars
Office
Tess Casler, Director
AGENDA
 What is OPT?
 Unemployment on OPT
 STEM extension
 Cap-Gap Provision
 How/when to apply
 Visual Timelines
 Travel while on OPT
What is Optional Practical
Training?
Optional Practical Training is
defined as…
“temporary employment for practical
training directly related to the student’s
major area of study.”
8 C.F.R. – 214.2(f) (10) (ii)
Three kinds of OPT can be
identified as…
1) Pre-completion OPT
•
Participation in OPT employment prior to
completion of a course of study
2) Post-completion OPT
•
Participation in OPT employment after
completion of a course of study
3) 17-month extensions of post-completion
OPT for certain STEM degree holders
•
Extension to a current 12 month post completion
OPT period for a total of 29 months
Pre Completion OPT can be
authorized…
1) “During the student’s annual vacation
and at other times when school is not
in session
As long as the student is
•
•
•
Currently enrolled
Eligible for registration, and
Intends to register for the next term or
session”
8 C.F.R. - [214.2(f)(10)(ii)(A)(1)]
Pre Completion OPT can be
authorized…
2) “While school is in session, provided
that practical training does not exceed
20 hours a week while school is in
session”
8 C.F.R. - [214.2(f)(10)(ii)(A)(2)]
Post Completion OPT can be
authorized…
3) “After completion of the course of
study, or, for a student in a bachelor's,
master’s or doctoral degree program,
after completion of all course
requirements for the degree (excluding
thesis or equivalent)…”
8 C.F.R. – [214.2(f)(10)(ii)(A)(3)]
What does all that mean?
• Your program end date on your I-20
becomes very important in what type of
optional practical training you are
eligible to apply for
Please note – Your ‘I-20 program end date’
can be very different from ‘Clarkson’
program end date.
What are the ‘new’ OPT
rules?
Interim Final Rule of April 2008
• On April 8, 2008, The Department of
Homeland Security published the Interim
Final Rule that makes significant changes to
Post-Completion Optional Practical
Training for F-1 students.
• This ‘interim-final rule’ became effective on
4/8/08
• Until the final rule is published – we are
required by law to follow regulations
under the interim final rule
6 highlights of the ‘Interim-Final
Rule’
 Changes to OPT filing periods
 Duration of employment authorization has been
clarified
 New reporting requirements for the student and the
employer
 Certain STEM degree holders can extend their
current OPT period by 17 months
 Students with pending or approved H1B visa
applications will have ‘automatic employment
extensions’ – known as the ‘Cap-Gap Extension’
 Post-Completion OPT now dependent on
employment
Highlights – broken down
Changes to filing deadlines
• You are now eligible to file your
application up to 90 days prior to the
program end date noted on your I-20
and up to 60 days after completion of
your program end.
– Note – the 60 days after your program end
date is known as your ‘grace period’
Duration of employment –
clarified…
• Your employment authorization will begin on
the date requested or the date the
employment authorization is adjudicated –
whichever is later
o Note – the OPT end date will not exceed 14
months from your program end date (this time
period includes your 60 days of grace period and
12 months of OPT)
o Exception: The 17-month extension period will
begin the day after your current 12-month OPT
period and end 17 months later – regardless of
when the extension is approved
New reporting requirements
• All students on OPT are
required to report to the ISSO
changes in…
– Legal name
– Residential or mailing address
– Employer name
– Employer address and/or
– Loss of employment
In addition…
• SEVP has also mandated that STEM
OPT recipients process a ‘validation’
report every six months with the
International Students & Scholars
Office beginning when your STEM
extension began and ending when
your F-1 status ends, you change
levels, transfer or your 17-month
extension ends – whichever comes
first.
– Note – I will supply STEM reporting dates
reports with requested STEM I-20’s
STEM Extensions
17 month STEM extensions are only possible once
per lifetime – regardless of your degree level.
– This extension is granted in one 17 month period and
cannot be split
– To qualify –
• You must be on an approved Post-Completion OPT period
• You must have a degree in a STEM major as noted on the
Department of Homeland Security STEM program list
• You must be working at an employer registered with the Everify employee verification program
– You can view application procedures on the ISSO
website at
http://www.clarkson.edu/isso/Immigration_visa/f_opt.html
Cap-Gap Extensions
• For any student on post-completion
OPT and who is the beneficiary of a
timely-filed H-1B petition requesting
employment for the following fiscal year
– will have an automatic extension to
their ‘duration of status’ and work
authorization
– This applies to all students on postcompletion OPT – regardless of major.
Cap-Gap continued…
• The extension begins the date the H1B application is
filed – not the receipt date
• The ‘automatic extension’ terminates when USCIS
rejects – denies – or revokes the H1B petition.
– In this case – as long as you have not otherwise violated
status – you still have any remaining ‘60 day grace
period’ after the termination to depart the US – change
degree level – transfer – change to another visa status.
• Student under the ‘cap-gap’ extension must submit to
the ISSO a copy of their filed/approved H1B petition to
have their I-20 ‘updated’ with ‘cap-gap’ employment
authorization
• Students under the ‘cap-gap’ extension still need to
follow mandatory reporting of US residence and
employer information until their status officially moves
to H1B or other status.
Unemployment
Post-completion OPT is now dependent upon
employment – in order to maintain status while
on OPT – students are now limited in the amount
of time they can be unemployed.
• Student on the initial 12 month OPT
period cannot accrue more than a
total of 90 days of unemployment
• Students granted the 17-month STEM
extension cannot accrue more than a
total of 120 days of unemployment
Unemployment continued…
• Unemployment accruals begin the first day of
approved Post-completion OPT
– Note – unemployment does not accrue for those on precompletion OPT
• Future benefits ‘may’ be affected should you accrue
more than 90/120 days of unemployment
– Therefore – it is strongly recommended that you thoroughly
document any period of unemployment and employment
– It is not detailed in the regulations what is a day of
unemployment – therefore – it is suggested you count each
day from approval as a day of unemployment.
– It is suggested that you exclude major holidays.
– Very important that you update ISSO with
unemployment/employment information to avoid situations
where DHS officials may consider you out of status…
What is considered Employment
Per SEVP policy guidance – the following
activities are considered allowable
‘employment’ for those on pre and post
completion optional practical training.
However – all
employment must still
be within your field of
study.
Types of ‘Employment’
• Regular paid employment for at least 20
hours/week in a field directly related to your
field of study
• Work for hire – this is commonly referred
to as ‘1099 employment where an individual
performs a service based on a contractual
relationship rather than an employment
relationship’
– You should be prepared to provide evidence of the
contract periods and contracting employer
Types of Employment…
• Self-employed business owner - you
may start a business and be self-employed.
You must work full-time and also prove that
you have the proper business licenses and
engaged in activity related to your field of
study.
• Employment through an agency – you
must provide evidence you worked at least
20/hours a week in a field related to your
program
Types of employment…
• Volunteers or unpaid interns - you may
work as volunteers or interns as long as it
does not violate any labor laws and it must
be at least 20 hours/week
– For the 17- month STEM extension – this option will
not work. All employment must be paid. While this
activity is still permitted – it will not count towards the
‘employment’ requirement
Final note –
unemployment/employment
In my role as Designated School Official
(DSO) –I am not responsible for
terminating or reporting any limits on
unemployment.
This will be determined by the Department of
Homeland Security and at this time – if you
exceed the limit on unemployment “you may
be denied future immigration benefits that rely
on valid F-1 status”
How/When to apply
What to do first…
• Review OPT application procedures on
the ISSO website –
www.clarkson.edu/isso (found under
current F1 students – employment)
• Discuss your completion plans
with your advisor
– Note – new F-1 OPT guidelines
and forms on the web. Advisor
will now sign a form…
Basic application materials…
Once you discuss your plans with your advisor and have
reviewed the information on the ISSO website – gather the
following materials before you make an appointment with my
office.




Completed F-1 OPT Information Sheet
Academic Advisor Recommendation For Optional Practical Training
Completed form I-765 (Tips on back)
Copies of




All previously issued I-20’s
Visa/Passport
Front & back of I-94 (small white card next to your visa)
Copy of previous EAD card, if you have one for any previously authorized OPT
 Two passport style photos (photo information can be found at
www.clarkson.edu/isso). (Attach to top of I-765)
 Check or money order made payable to Department of Homeland Security for
$380
–
NOTE – fee increased as of 11/23/2010
F1 OPT Information Sheet
This information
is used for my
discussions with
you…
This does not go
to USCIS
Academic Advisor Recommendation
Here your advisor is giving
me when you are
completing and their
recommendation
I-765 Application
Please be sure you
use a valid mailing
address.
Note – it is strongly
recommended you use
my address!
This is the code for
post-completion
OPT -(c)(3)(B)
STEM Ext – (c)(3)(C)
Pre-completion – (c)(3)(A)
What to expect from our
appointment…
We will review your completion
and OPT plans
 NOTE – you will ultimately determine the
requested start and end dates of your OPT
I will process the International
Advisor recommendation for OPT in
SEVIS
 NOTE – this will produce a new I20 that will be copied and
submitted with your application to USCIS
We will compile your OPT application in
the suggested order for submission to
USCIS
Timing when to apply…
Timing when you apply for OPT can be a difficult challenge considering new
and updated OPT regulations. During our appointment we can get into
various timeline scenarios. However –
 While you can apply after you graduate – please keep in mind that you
cannot begin work until you have card in hand – even if your employer
makes ‘arrangements’ for you to do so. It is a very serious consequence to
engage in ‘unauthorized employment’
 Your ’14-month’ clock begins from the program end date on your I-20. This
means that you have 14 months to complete your 60 day grace period and
12 months of OPT
 CHECK CURRENT PROCESSING TIMES – it is
currently taking 6 - 8 weeks to process.
 Consult my office on procedures if your application
is pending more than 90 days.
Visual Timeline – when to
apply…
90 days priot to
program end date –
can apply for OPT –
2/12/2012
Feb 2012
Example – you apply
to have OPT begin
6/12/2012
May 2012
Graduation and/or
I20 program end
date – 5/12/2012
June 2012
Example – OPT ends
6/11/2013
July 2012
End of ‘60-Day Grace
Period’ – 7/11/2012
June 2013
July 2013
END of 14-month
‘clock’ (60 day grace
period and 12
months OPT)
This example shows completion during May
Commencement using 30 days of grace period.
Visual Timeline –
‘cap-gap’ extension
Cap-Gap Extension – extends your
work authorization and duration of
stay in F1 status. (6/12/13 – 9/30/13)
H1B petition is filed
– must have proof
for ‘cap-gap’
extension
April 2013
June 2013
June 11, 2013 - End
of initial 12-month
OPT period
July 2013
Aug 2013
Sept 2013
Oct. 2013
October 1, 2013 Approved H1B
status begins
OPT Employment Period – 6/12/2012 – 6/11/2013
Assumes – timely filed H1B petition
Visual Timeline –
‘17-month’ extension
90 days priot to
program end date –
can apply for 17month extension –
4/11/2013
April 2013
December 12, 2013 6-Month Validation
Report due
June 2013
June 12, 2013 –
Begin 17-month
STEM extension
Dec 2013
END 17-month STEM
extension
June 2014
November 12, 2014
June 12, 2014 –
12-month Validation
Report due
OPT Employment Period – 6/12/2012 – 6/11/2013
Assumes – eligibility for 17-month extension
Travel while on OPT
Travelling…
I have a detailed FAQ on travel on OPT –
please review.
For all intents and purposes – you are
able to travel while your application is
pending and in some cases when
approved.
You are able to travel when…
You have submitted an OPT application
and your program has not ended
You have a pending OPT application
You have approved OPT and a job
offer
Caution should be exercised
when…
Your OPT application has been
approved and you do not have a job.
– Update – the port of entry officials have
indicated that the main documents they are
reviewing for reentry are:
• Valid passport (dated at least 6 months into the
future
• Valid visa (if required)
• Valid I-20 (page 3 indicating OPT and recent
signature)
Resources
• ISSO website – www.clarkson.edu/isso
• Career Center – you are eligible for career
services. Please remember to review career
services from their website at
http://www.clarkson.edu/career/student_resources.
html
– Specifically –
• information on Knightlink (free to all students)
Questions?