Optional Practical Training

• What forms do I need to apply for practical training?
• How much practical training time am I eligible for?
• May I apply for less than 12 months of practical training?
• May I obtain 12 months of practical training after each degree?
• How long does it take for the ISSC to process my OPT application?
• How is my application processed by US Citizenship and Immigration Services?
• How long will the application approval process at USCIS take?
• May I apply in person at a USCIS District Office?
• How much is the USCIS fee?
• What is the deadline for sending in my application to the USCIS?
• What if I apply for practical training and end up not using it? Perhaps I won’t be able to find a job, or perhaps I decide to go back to school. What happens then?
• I have a job offer but my EAD card has not arrived yet. Can I begin work?
• Can I work at any job with OPT authorization?
• Once I receive my EAD card, is there anything else I should do?
• Do I need a job offer to obtain practical training?
• What about change of address or change of name while I am on post-completion OPT?
• I may be moving while my application is pending. Can I give the mailing address for a friend?
• I am planning to travel outside of the United States. The signature on my I-20 is eight months old. Do I need a new signature?
• What if I want to travel outside the United States during practical training?
• What should I do once I find an employer?
• I heard the regulations regarding OPT changed in April 2008, where can i find out about these changes?

Q. What forms do I need to apply for practical training?

A. You will need to have the academic advisor form completed by the Advisement Office indicating that the courses you are registered for are the last courses that you need to complete your degree. There are additional items that must be sent to USCIS and you will be provided with a checklist of those items at the time you pick up your application. You can also view our website www.baruch.cuny.edu/issc/ for additional information.

Q. How much practical training time am I eligible for?

A. If you have not been authorized for any previous practical training,

Optional practical training is limited to a total of 12 months. Students in certain “STEM” (science, technology, engineering, mathematics) fields may be eligible for a one-time extension of 24 months of post completion OPT.  There is a separate application for filing for this extension.  Please speak with an advisor from the ISSC if you feel you may qualify for the extension.

Q. May I apply for less than 12 months of practical training?

A. Yes, but you must be sure that you will not want more than the period that is less than 12 months. It is no longer possible to apply after the completion date deadline.

Q. May I obtain 12 months of practical training after each degree?

A. Yes. US Citizenship and Immigration Services (USCIS) issued new regulations for OPT that took effect on January 1, 2003. A student is now eligible for 12 months of practical training for EACH change to a higher educational level. So a student in F-1 status who enters as a Bachelor’s degree is eligible for up to 12 months practical training upon completion of the Bachelor’s and then ANOTHER 12 months upon completion of the next higher degree (Master’s).

Q. How long does it take for the ISSC to process my OPT application?

A. Presently it is taking 7 business days for the ISSC to process OPT applications.

Q. How is my application processed by U.S. Citizenship and Immigration Services?

A. To apply for your Employment Authorization Document (EAD) card, you must mail your completed application and all required attachments to USCIS.

PLEASE NOTE: DO NOT MAIL YOUR OPT APPLICATION UNTIL YOU RECEIVE YOUR SEVIS I-20 WITH THE OPT INDICATED ON THE 3rd PAGE.

Q. How long will the application approval process at USCIS take?

A. Processing time at the USCIS is highly variable and difficult to predict. It can take up to twelve weeks and sometimes longer. Therefore, you are urged to apply early to allow sufficient time for you to receive your EAD card.

Q. May I apply in person at a USCIS District Office?

A. No. OPT applications are only processed by mail at the USCIS processing center. The EAD Card is then mailed to the applicant after it is processed.

Q. How much is the USCIS fee?

A.

I-765 Application for Employment Authorization (online filing)
Before April 1st, 2024: $410 After April 1st, 2024: $470
I-765 Application for Employment Authorization (paper filing)
Before April 1st, 2024: $410 After April 1st, 2024: $520

Q. What is the deadline for sending in my application to the USCIS?

A. A student in F-1 status may apply up to 90 days before the completion date or semester end date and up to 60 days after their completion date.  Students MUST apply within 30 days of the creation of the OPT I-20 with OPT recommendation.  Program completion refers to the date that you have finished all coursework and any project/thesis/dissertation for your degree. It is not your graduation date.

Q. What if I apply for practical training and end up not using it? Perhaps I won’t be able to find a job, or perhaps I decide to go back to school. What happens then?

A. Applying for practical training is a two-step process. You must first obtain your certified OPT I-20 from ISSC, and then mail your application along with all the required documents to USCIS to obtain an Employment Authorization Document (EAD) card. Once USCIS approves your OPT application, it is not possible to cancel the practical training authorization. Therefore, any unused time will be lost.

Q. I have a job offer but my EAD card has not arrived yet. Can I begin work?

A. No.

Q. Can I work at any job with OPT authorization?

A. No! OPT authorization is only for employment related to your field of study. Working in an unrelated job is a serious violation of your F-1 status. Do not put your legal status at risk.

Q. Once I receive my EAD card, is there anything else I should do?

A. Yes, please bring in your EAD card to the ISSC so that a photocopy can be made for your file. Please Note: Employment cannot begin until the date authorized for practical training on the EAD and you have your EAD card “in hand”.

Q. Do I need a job offer to obtain practical training?

A. No. Proof of employment is not required to obtain practical training.

Q. What about change of address or change of name while I am on post-completion OPT?

A. While on OPT post graduation, students must continue to report any name or address changes to the ISSC, because the school continues to maintain the F-1 record until OPT ends. You can obtain a “changes of address” form from the ISSC.

Q. I may be moving while my application is pending. Can I give the mailing address for a friend?

A. Yes. If you will be moving before you receive your EAD card then you will want to have the card sent to you at a friend or relative’s address. To use a friend or relative’s address, complete form I-765, by showing your mailing address like this:

Your Name

c/o (the name of your relative or friend)

Street Address

City, State Zip Code

Q. I am planning to travel outside of the United States. The signature on my I-20 is eight months old. Do I need a new signature?

A. Yes, while you are on OPT you need a travel signature on page 3 of your I-20 that is less than 6 months old on the day of your re-entry.

Q. What if I want to travel outside the United States during practical training?

A. The best general advice is that an F-1 student on OPT who has received the EAD card, and has to travel abroad should make sure that there is documentation from his or her employer confirming the employment or the job offer. Otherwise the student assumes a risk that he/she may not be allowed to re-enter the United States.

Please note: If you will need to obtain a new F-1 visa, such travel may be risky. There have been cases where students who had completed their degree program, have an approved EAD card and gainful employment, were denied a new visa and not permitted to reenter the United States. Even if your visa is still valid, USCIS regulations state that re-entry is permitted only to “resume authorized employment.” Therefore, students who do not yet have jobs take a risk if they travel outside the U.S. Students are strongly encouraged to discuss their travel plans with the staff of the International Student Service Center before they travel.

Traveling during the “Cap Gap”

According to SEVP, a student on OPT who has his/her OPT automatically extended by USCIS because of an approved H1B application, would not qualify for an F-1 visa unless the student has a valid Employment Authorization Document (EAD). If a student in this “Cap Gap”, whose EAD card is no longer valid, chooses for whatever reason to leave the U.S., he/she would have to apply for the H1B and would not be allowed to re-enter the US until after September 1st.

Q. What Should I do once I find an employer?

A. Due to a recent policy change within SEVP/ICE international students on OPT are now required to report to their international student office the name and address of their employer while the student is participating in OPT.  [214.2(f)(5)(i)]

Upon beginning employment you MUST complete the OPT Employment Reporting Form.

Q I heard the regulations regarding OPT changed in April 2008, where can I find out about these changes?

A. For information regarding these changes please visit our below ribbon on the new OPT.

A student in F-1 status may apply for Pre-OPT and begin employment prior to the completion of their program.  Students engaged in Pre-OPT can work a maximum of 20 hours per week while school is in session.  During annual vacations and while school is not in session, students may do Pre-OPT full or part-time.

If you are authorized to work on-campus and also choose to engage in Practical Training (CPT or Pre-OPT), per ICE regulations the total number of hours for the Practical training and on-campus employment can not exceed twenty hours while school is in session. You may work full-time during periods when school is not in session or during your annual break.

Pre-OPT employment does not constitute a reason for a student to be enrolled in a reduced course load.

Time granted to a student for Pre-OPT is deducted from the 12 months of Post Completion OPT eligibility.  For each month of Pre-OPT that the student is authorized for full-time employment, a month is deducted from the students Post Completion OPT.  For every two months of Pre-OPT that the student is authorized for part-time employment, one month is deducted from the students Post Completion OPT.

NOTE: Other employment categories, such as Curricular Practical Training or Off-Campus employment based on Economic Hardship may be better choices then Pre-OPT, provided that the student qualifies for the type of employment.  These categories permit the student to work while still enrolled, yet in most cases, the student will still be eligible for the full 12 months of Post Completion OPT.

The U.S. Government’s Federal Register also includes the following rules:

Highlights

• 24 month post-completion OPT extension for certain STEM grads. The new rule makes recipients of bachelor’s, master’s, and doctoral degrees in certain STEM (science, technology, engineering, mathematics) fields eligible for a one-time 24 month extension of post-completion OPT (for a total eligibility of up to 36 months). To be eligible for the extension, the student’s employer must be registered in EVerify, and agree to report to the DSO when the student is terminated or leaves employment. The student must agree to make periodic reports to the DSO.
• OPT filing deadlines. The rule sets new deadlines for filing Form I-765 for post-completion OPT. An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date, provided that it is filed within 30 days of the date the DSO enters the OPT recommendation into SEVIS. Applications for the 24-month STEM extension must be filed before the current EAD expires.
• H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and work authorization will be automatically extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf.
• Effect of periods of unemployment while on OPT. The new rule states that “during post-completion OPT, F-1 status is dependent upon employment. During any initial 12-month period of post-completion OPT, no student (including STEM students) may be unemployed for an aggregate of more than 90 days. If a STEM student receives a 24-month extension, the limit on unemployment is raised to an aggregate of no more than 120 days, applied to the entire 36-month period on which the student is on post-completion OPT.
• Grandfathering. F-1 students currently in the United States, including students currently on OPT, will also be able to take advantage of the rule’s new provisions, and are bound by its limits.

What is STEM?

• S = Science
• T = Technology
• E = Engineering
• M = Mathematics

STEM Fields include

• Actuarial Science
• Computer Science Applications
• Engineering
• Engineering Technologies
• Biological and Biomedical Sciences
• Mathematics and Statistics
• Military Technologies
• Physical Sciences
• Science Technologies
• Medical Scientist (MS, PhD)

Certain fields that many would regard as being part of science or engineering are not included in the STEM list, but the Department of Homeland Security is inviting individuals to submit the titles of additional fields.

Additional Requirements for 24 Month Extension of OPT

In addition to being enrolled in a STEM field of study, there are many additional requirements for the 24-Month Extension of OPT:

• The student must be currently authorized for a 12-month period of OPT and working for a U.S. employer in a job directly related to the student’s field of study
• The student must have successfully completed a bachelor’s, master’s or doctoral degree in a field on the DHS STEM Designated Degree Program list, from a SEVIS-certified US college or university
• At the time of application for the 24-month extension, the student must have a job-offer or be employed by an employer registered with the “E-Verify” federal employment verification system. For more information on “E-Verify,” see the next section
• The student must not have previously received a 24-month OPT extension after earning a STEM degree.
• The student must apply for the 24-month extension through their school’s international student office.  The school’s Designated School official must recommend the extension and issue a new I-20 with the recommendation noted
• The student applies for the extension using form I-765 with fee to the US Citizenship and Immigration Services Processing Center having jurisdiction over the student’s current place of residence
• The student must file the extension application in a timely manner, generally 90 days before the current period of OPT expires
• A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first
• The employer must agree to report the termination or departure of the student to the International Student Office of the student’s former school, or through any other process chosen by the Department of Homeland Security
• The student must agree to report the following information to the International Student Office of his former school:
  • Change of name
  • Change of residential or mailing address
  • Name and address of employer
  • Change in the name or address of employer
  • When employment changes or terminates

Important: The student must also report to the ISSC every six months to verify the above information.

What Is E-Verify?

E-Verify was formerly known as the Basic Pilot/Employment Eligibility Verification Program.  E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration.

E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees.  E-Verify is free and voluntary. .

Remember that a F-1 student seeking to extend his or her OPT by 24 months can only do so if at the time of filing, the student is employed by, or has a job offer with, an E-Verify participating employer.

For more information on E-Verify, visit:

http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

Cap gap extension

Duration of status and work authorization will be automatically extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf.

F-1 students currently in the US, including students on OPT are able to take advantage of this new provision.

Applying for the Extension

If you feel you are eligible for the Cap Gap extension you will need to speak with an advisor in the ISSC. If you are eligible the advisor will ask you to submit documentation from USCIS to extend your OPT. Depending on which stage of the process you are at, will determine what date your OPT can be extended to. The chart below describes the dates your OPT can be extended to and the document required for the extension:

Please note that if you have filed for the extension and your application is rejected, denied or revoked during the extension period, your OPT authorization will end 10 days from the date of the denial. Your F-1 status will end 60 days from the denial date.

New Filing Deadlines for Initial OPT Applications

A student in F-1 status may apply up to 90 days before the completion date or semester end date and up to 60 days after their completion date.  Students MUST apply within 30 days of the creation of the OPT I-20 with OPT recommendation.  Program completion refers to the date that you have finished all coursework and any project/thesis/dissertation for your degree. It is not your graduation date. There is no grace period for applying for OPT.

Reporting Requirements for Students and Employers While on OPT

Students are required to report to the ISSC within 10 days:

• The beginning of employment, with the name and address of the employer
• The termination of employment
• Any change in your personal address
• Any change in your employers address

Students can update ISSC by using our OPT Employment Reporting Form. OPT employment reporting.

Students with an approved 24 month extension must also make a validation report to the international student office at their former school every six months starting on the date the extension begins and ending when the OPT ends.  The validation is a confirmation that the student’s name and address, employer name and address, and /or loss of employment is current and accurate.

The employer of a student with an approved 24-month OPT extension must agree to report the termination or departure of the student to the International Student Office of the student’s former school or through “any other means or process identified by the Department of Homeland Security.”

Unemployment

An offer of employment is not required to obtain approval for OPT. OPT is recommended by the International Student Service Center (ISSC), and authorized by the USCIS.  During OPT NO student may be unemployed for an aggregate of more than 90 days* or their status will be put in jeopardy.  *For STEM students approved for the 24 month extension the limit on unemployment is raised to an aggregate of no more then 120 days.

Options for Students Unable to Find Employment

Students who are unable to find full-time employment may look to the alternative options listed below to avoid reaching the aggregate 90 day unemployment limit (120 for STEM extension):

Student’s may:

• Volunteer for a Company
• Complete an Unpaid Internship
• Work Part-Time

For these options the student must work a minimum of 20 hours per week.  Please note that students must still report to the ISSC the beginning of these employment options, and also the termination.  Also please remember that the employment MUST be related to your field of study.

NOTE:  Students should keep records of their entire employment history

Resources

Department of Homeland Security Announcement

http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

US Citizenship and Immigration Services Q and A

http://www.uscis.gov/files/article/OPT_FAQ_4apr08.pdf

NAFSA: Association of International Educators Resource on the Interim Final Rule

Text of Interim Final Rule

http://edocket.access.gpo.gov/2008/E8-7427.htm (text format, 27 pages)

http://edocket.access.gpo.gov/2008/pdf/E8-7427.pdf (pdf file, 13 pages)

Thanks to NAFSA: Association of International Educators for providing information.