Applying for Optional Practical Training (OPT) Fall 2016 International Graduate Student Services (IGSS) Graduate School Virginia Polytechnic Institute.

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Presentation transcript:

Applying for Optional Practical Training (OPT) Fall 2016 International Graduate Student Services (IGSS) Graduate School Virginia Polytechnic Institute and State University

Discussion Items F-1 employment overview What is Optional Practical Training (OPT) ? Eligibility How To Compile OPT Application? Special Issues:  Travel outside the U.S.  While OPT application is pending  During OPT  Unemployment limitations  Extensions  Reporting requirements

F-1 Employment Overview F-1 EmploymentOn campusOff campus Curricular Practical Training (CPT) Optional Practical Training (OPT) Pre-Completion - Summer (PT or FT) - While in school (FT enrolled, PT OPT) - Thesis/Dissertation Phase Post-Completion After program end date Post-Completion Extension (STEM or Cap-Gap)

What is Optional Practical Training? ● Work authorization granted by USCIS that allows a student to extend F-1 status and gain practical experience in his/her academic field ● Two conditions: work must be related to the major area of study and be at least 20 hours/week ● May be used anywhere in the U.S. ● OPT is not tied to a particular employer and does not require a job offer for application (unlike CPT and H-1B).

Eligibility Valid F-1 status for at least nine months (two semesters)  enrolled full time every semester, or approved for reduced enrollment Application submitted no earlier than 90 days before projected completion date and not later than 60 days after actual completion date – application window Twelve months OPT after each higher degree (BS, MS, PhD)  unused OPT time may not be accumulated Students on assistantships may not begin OPT before the end of semester, or end of contract, whichever is later.

How to Compile OPT Application Packet All of the following information can be found on our website at services/employment/f1/optional-practical-training.html services/employment/f1/optional-practical-training.html Complete OPT application cover pagecover page Complete G-1145 for or text receipt of your application (optional)G-1145 Complete I-765 per USCIS instructionsI-765 Ask your department for a letter (use sample A for post-completion OPT)use sample A for post-completion OPT Have your photos taken (see requirements)see requirements Make single-sided copies (do NOT staple together): Passport ID page, any extensions Visa I-20 forms - pages 1 & 3 of I-20s issued before July 2015, pages 1 & 2 of I-20s issued after Printed I-94 Write a check for $380 addressed to the U. S. Department of Homeland Security

G-1145 You will receive an or text message confirming receipt of your application. The “official” receipt notice will be delivered by mail (post). Be sure to keep this document.

I-765 Print clearly using black ink or complete fillable.pdf online m/i-765.pdfhttp:// m/i-765.pdf Permission to accept employment Name - on mail box ! Applied for employment authorization? If yes, copy of EAD; CPT doesn’t count Last entry (on I-94) (C) (3) (a, b, or c) Sign in the block using blue ink

Departmental Recommendation Signed by your advisor, and printed on VT letterhead ____ is expected to graduate with a degree of ____ in month/year. The ______ Department recommends that s/he be given an opportunity for the practical application of her/his academic training. (sample A for post-completion OPT) Completion month/year must match date given on OPT application form.

New I-20 ● End date may change ! ● Be aware of any gap in your employment eligibility ! You may NOT work between your program end date and the start of your OPT authorization. You may continue with academic work, but not employment. ● DSO signature must be within the previous 30 days

New I-20 Employment authorization, OPT dates requested Signed three times  Page 1 and page 2 - DSO signature must be within the previous 30 days  Automatic travel signature – good for 6 months.

Submit OPT application to IGSS in 120 GLC, no sooner than 90 days before projected program end date, and no later than 60 days after actual program end date New I-20 will be issued. You will receive an when form is ready. You must stop by IGSS in 120 GLC to sign new I-20; copies will be made and original form returned to you Complete OPT application packet will be mailed to USCIS by IGSS How Do I Submit my OPT?

What happens next ? Application is mailed to Texas Lockbox, or other lockbox, based on address on I-765. (Alert us if you use an address outside of Virginia) You will receive an and/or text when the application is received if you completed a G-1145 form Official receipt notice is mailed by USCIS to address on I-765  If using a friend’s address, be sure your name is on the mailbox !  Immigration documents will NOT be forwarded by the post office  If receipt notice is returned to service center, OPT processing stops  Check receipt notice: verify name and address, note case number  Customer Service  Notify USCIS if your address changes while your application is pending:

Things to Remember Application must be entered in SEVIS and received by USCIS no sooner than 90 days before program end date, and no later than 60 days after. Submission outside of these dates will result in denial. Application must be received by USCIS within 30 days of DSO recommendation in SEVIS and signature on the I-20. DO NOT E-file because photos (biometrics) must be taken at support centers (Alexandria, Norfolk, Charleston). Case status can be checked: You cannot start working until you receive the EAD card – OPT begins on start date printed on the card.

Can I cancel my OPT application ? Yes, if the application has not yet been filed (still held by the Graduate School). Very unlikely if the application has been filed, but not yet adjudicated. Student should contact the USCIS in writing. Strongly discouraged; consult with IGSS before taking action. No, if the application has been approved by USCIS.

OPT and Duration of Status Academic Program 60 day grace period 12 months OPT Unemployment < 90 days 60 day grace period Begin program End program Latest OPT completion date Depart Transfer Start new program Change status Apply for OPT 90 days before end of program Latest OPT start date No work F-1 Status 14 months

Can I travel while on OPT? Domestic travel is allowed: Passport I-20 EAD card International travel: Passport Valid F-1 visa OPT I-20 endorsed for travel within previous 6 months OPT card (EAD=Employment Authorization Document) Offer letter from employer or other proof of current employment If you need to renew your F-1 visa, remember that funding information is required

What if I don’t have a job? Unemployment ● Unemployment during post-completion OPT -- may not exceed 90 days  No grace period after the 90-day limit ● STEM extension -- unemployment increased to 150 days total ● Travel outside U.S. while unemployed -- counts in 90/150 day limit ● Part-time work (20+ hours ) -- counts as employment ● Unpaid work (20+ hours ) -- for ex. an unpaid internship, may count as employment; keep accurate records. Avoid violation of labor laws.

OPT 24-month STEM Extension (Science, Technology, Engineering, Math) Submit STEM extension application to IGSS Current OPT must be post-completion and based on STEM degree (per eligible CIP code) Two lifetime STEM ext. possible, (2 nd STEM must be at higher educational level and after another 12 months of standard post-completion OPT) Employer (any and all) must be registered in E-verify program; File before the expiration of the current EAD, but no sooner than 90 days before the expiration date; and no later than 60 days after a DSO signs the I-20 Application extends current EAD up to 180 days while pending Don’t travel if EAD is expired and STEM extension is pending Work must be at least 20 hours/week for STEM employer, limited to total of 150 days unemployment for 36-month period Student MUST report to IGSS every 6 months, even if there is no change

OPT and Cap Gap extension If you are on post-completion OPT and an H petition is filed on your behalf: ● your F-1 status and OPT work authorization will be extended if the H-1 petition requests change of status with an October 1 start date If you are in the 60-day grace period (post-completion OPT is expired) and an H petition is filed on your behalf: ● your F-1 status will be extended if H-1 petition requests change of status with an October 1 start date Cap Gap eligibility date is date USCIS receives I-129 petition and fee

OPT and Cap Gap Extension ● H-1B petition is filed by an employer on behalf of employee ● H-1 cap: 65, ,000 available, application April 1, start work on October 1 ● H-1 cap gap: break between end of F-1 status and beginning of H-1status OPT: May 2016 to May 2017 H-1 begins: October 1, 2017 Gap: May 2017 to October 1, 2017

How to Request OPT Cap Gap Extension Provide IGSS with proof of H1-B petition filed, received, or approved. New I-20 can be issued with revised OPT end date after USCIS’s CLAIMS updates SEVIS record. No fee for the new I-20. Avoid travel during Cap Gap – EAD is expired; if you travel, apply for H-1 consular processing, October 1 start date. Cap gap extensions are terminated if the H petition is rejected, denied, or revoked. The 60-day grace period would still apply. OPT Extension application

Reporting Requirements  All F-1 students on OPT are required by the Department of Homeland Security to report to their schools all periods of employment and unemployment for the duration of their OPT within 10 days of any change.  While on OPT you MUST report to IGSS: Current U.S. address (also update on Hokie SPA) Any changes in your official name (due to marriage or other reasons) Change of your employer’s address Change of your employer’s name  Students on OPT STEM extension must also report:  Employment status 6 months after extension start date, even if info hasn’t changed  Employment status 12 months after extension start date, even if info hasn’t changed  Use the “Report OPT Employment/Change of Address” form  Submit to IGSS in person, or by to or by fax to

Document each position held during OPT Job title Description of the work as related to your degree Proof of duration of each position Contact information for supervisor or manager

What do I need to remember ? You may not enroll full time or be on an assistantship during OPT. You may NOT work during any gap between your program completion, as noted on your I-20, and the beginning of your OPT. You must comply with all reporting requirements during your OPT and any extensions. Your OPT will be terminated if you transfer to another school, or if you begin another degree program at VT, or if you change your visa status. Termination occurs on transfer release date in SEVIS, or on COS approval date.

Questions ? Please contact us if you have any questions about your immigration status while you are on OPT.  Tina Lapel  Matt Grice  Jenn Million  International Graduate Student Services (IGSS) Graduate Life Center at Donaldson Brown or