OPT Optional Practical Training Lindsey W. Hill

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Presentation transcript:

OPT Optional Practical Training Lindsey W. Hill Asst. Director, Intl. Center

Verification of Completion of Online OPT Workshop During your final semester, all international students applying for OPT must either attend an “in-person” OPT session or complete this Online OPT Workshop to be issued an I-20 endorsed for OPT. Once you have fully reviewed this online presentation, you must complete the questionnaire found at https://wuinternational.wufoo.com/forms/qujx5r2176erkt/ to alert the International Center that you are prepared to apply for OPT.

What is OPT? Optional Practical Training is a work benefit in the F-1 visa regulations allowing students to work in their field of study for 12 months within the 14 months following completion of a degree program. A student is only eligible to apply for OPT after completing two semesters of study. Please remember that OPT is a benefit awarded by USCIS and not guaranteed.

Two Types of OPT Pre-Completion OPT is part-time employment in a field of study used prior to completing a degree program. Ex. most often used when an internship is not required in a certain major. Post-Completion OPT is full-time employment in a field of study used after completing a degree program.

OPT Application To Apply for OPT… Applications for OPT can be found on Blackboard’s International Student Services Organization link under Optional Practical Training. You must provide - Academic Advisor’s verification form indicating your date of graduation; 2 passport style photographs (CVS or Walgreens); A money order or personal check for $410; Form I-765 completed and signed; Clear photocopies of your passport (name page and visa page), current I-20. For paper I-94’s, a copy of the front and back of the card. For electronic I-94’s, just the copy from the CBP website; Copy of any previous EAD cards (if applicable); Signed original of new I-20 with OPT endorsement.

Choosing an OPT Start Date You choose the date you want your EAD card to become active. The start date of your OPT must be within 60 days of the end of your program of study. Remember that you cannot work until the card becomes active so give some serious thought to your start date.

Employment Authorization Document (EAD) Card Upon approval of the OPT application, you will receive an Employment Authorization Document (EAD). This card has your picture on it and resembles a driver’s license. Employers should require you to show this card and an OPT approved I-20 for employment. The EAD/OPT card has the dates during which you can work. You MAY NOT work before or after the dates on the EAD.

Application Timeline Applications are accepted no earlier than 90 days before the program end date. They will not be accepted any later than 60 days after the program end date. USCIS reserves the right to have 90 days to process an OPT application. They typically take a full 90 days to approve an OPT request. Since employment cannot begin until the EAD start date, applying in a timely manner is important to avoid any delays in beginning employment.

Travel before receiving OPT Card You can travel outside of the U.S. after you graduate. The International Center does not recommend travelling outside the U.S., if you have not received your OPT card. Once your OPT card is active, you must have an employment verification letter from your employer to re-enter the U.S. If you do not have an OPT card or an employment verification letter and attempt to return to the U.S. you could be denied entry. If you travel outside the U.S. on OPT and your F1 visa is expired, you must renew your F1 visa to re-enter the U.S. Remember, your OPT card is not your F1 visa.

Travel after receiving your OPT card If you do not have a job, you must return to the U.S. BEFORE the start date of your OPT. The International Center does not recommend travelling outside the U.S. during the dates of your OPT if you do not have full-time employment in your field of study. Once your OPT card is active, you must have an employment verification letter from your employer to request re-entry into the U.S. This letter should be from your employer stating that you are an employee with their company and they are expecting you to return to the U.S. to “resume” employment with them. If you travel outside the U.S. on OPT and your F1 visa is expired, you must renew your F1 visa to re-enter the U.S. Remember, your OPT card is not an F-1 visa.

What are my options after my OPT expires? You are allowed 60 days after your OPT expires before you must depart the U.S. You may not work during those 60 days. This 60 day grace period is designed only to allow you to travel, prepare for your departure, or to apply to another academic program. You can apply for a 24-month OPT extension if you majored in a STEM degree and have a job that utilizes E-Verify. STEM is Science, Technology, Engineering and Math.

H1B and Cap Gap Extension Employers may wish to apply for an H1B visa on your behalf during the time of your OPT training. H1B’s are employment visas and allow you to work for 3 years, with a possible 3 year extension (total of 6 year maximum on the H1B visa). The U.S. govt. limits the number of available H1B’s each year. H1B applications are accepted by USCIS beginning on April 1 of each year. All H1B visa’s begin annually on October 1. H1B visa’s are applied for by a specific company for a specific employee. The employee is the beneficiary of the H1B visa. However, the H1B “belongs” to the company not the person. If you have an H1B visa and you quit your job, the H1B is no longer valid.

Cap Gap Extension Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the cap-gap period. This is referred to as the "cap-gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status (Oct. 1). Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period (beginning April 1) while the student's authorized F-1 status was still in effect.

Cap Gap Extension (cont.) Please note: F-1 students who have entered the 60-day grace period are not employment-authorized.  If an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended). This means, you can remain in the U.S. and are not required to return home but you cannot be employed until Oct. 1. For December graduates: If an employer files an H1B application for you and you are approved, the Cap-Gap Extension will only allow you to remain in the U.S. until you begin employment on Oct. 1. You will be within your 60 day grace period after your OPT has expired and you will not be eligible to work before Oct. 1.

December Graduates Cap Gap Example You have two opportunities for the H1B lottery but only one opportunity for the cap-gap extension. For example, you apply for OPT and choose an employment start date 60 days from end of program. Ex. Feb. 17, 2017. OPT is Feb. 17, 2017 until Feb. 18, 2018. An employer could apply for an H1B for you on April 1, 2017. If approved your H1B would begin on October 1, 2017. If you were not sponsored in 2017, an employer could file again for you on April 1, 2018. If your application is approved in the H1B lottery from April 1, 2018, your H1B will begin on October 1, 2018. Since your OPT expired on February 18, 2018 your OPT is no longer valid and you are not subject to the Cap-Gap Extension. However, if you are in the 60-day grace period after your OPT has ended when your H1B is approved – you are allowed to remain in the U.S. until September 30, 2018 but you cannot work.

Reminders for OPT During OPT remember you must - Notify the International Center within 10 days of establishing a new US address so your SEVIS record can be updated. Once you find employment, notify the International Student Advisor so you can supply the required information about your employment to update your SEVIS record. Not be unemployed more than 90 days during the 12-months of OPT or your OPT is cancelled by DHS.

Important Reminders (cont.) While you have OPT authorization, you are still an international student on an F1 student visa. Apply Early/Plan Ahead. Work ONLY in your field of study. USCIS must receive your OPT application within 60 days for your program end date or your application will be denied. Only work within the dates that are specified on your OPT card. Don’t begin working before the start date or after the expiration date on your card.

Important Reminders… If you transfer schools while “on” OPT, your OPT will no longer be valid. If you change degree programs while “on” OPT, your OPT will no longer be valid. You must obtain a travel signature on your I-20 prior to travelling outside the US while on OPT. If you travel outside the US with an expired F-1 visa, you will have to renew the visa in order to return to the USA. Your OPT card is not your F1 student visa. Maintain a valid passport while in the US on OPT. H1B applications are accepted beginning April 1 each year.

Verification of Completion of Online OPT Workshop Remember: During your final semester, all international students applying for OPT must either attend an “in-person” OPT session or complete the Online OPT Workshop to be issued an I-20 endorsed for OPT. Once you have fully reviewed this online presentation, you must complete the questionnaire found at https://wuinternational.wufoo.com/forms/qujx5r2176erkt/ to alert the International Center that you are prepared to apply for OPT.

Questions/Concerns Please contact Lindsey Hill at hilll@winthrop.edu. Review information on Blackboard’s International Student Services Organization. https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf Thank you!