Optional Practical Training (OPT) is a period during which undergraduate and graduate students in F-1 status who have completed or have been pursuing their degrees for more than 9 months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for at most one year on a student visa without needing to acquire a work H-1B visa towards getting a practical training to complement their field of studies. F-1 students are permitted total of 12 months towards practical training, on being certified by the advisor of the usefulness of the work towards goals of the degree, which can be distributed between Curricular Practical Training (CPT) and OPT. M-1 students are also permitted to engage in post-completion OPT. They are entitled to one month of training for every four months of study, with a maximum length of six months.
The OPT permit card (employment authorization document) can be obtained from USCIS before completion of a degree program through the university’s International Student Office or equivalent upon filing of the relevant form (I-765), payment of fee ($340), and sending copies of I-20, passport, visa and other required documentation. The process can take up to 4 months to complete. M-1 students must also file the form I-539 to extend their status. This carries a $300 fee and requires additional processing time.
No Social Security or Medicare taxes, except federal and state income taxes, are applicable on income earned during OPT.
Pre-completion OPT:
An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.
Post-completion OPT:
An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study.
What is the application process to participate in pre- or post-completion OPT?
Students must initiate the process by requesting the Designated School Official (DSO) at their academic institution to recommend the OPT. The DSO makes such recommendation by endorsing the student’s Form I-20 and by making appropriate notation in SEVIS, the system used to track F-1 students.
Students then file Form I-765, Application for Employment Authorization Document (EAD), with U.S. Citizenship and Immigration Services (USCIS). If approved, USCIS will issue an EAD to the student.
The student may begin engaging in pre- or post-completion OPT only after an application has been approved and an EAD has been issued.
How many students stand to benefit from this interim final rule?
ICE records indicate that there are approximately 70,000 students currently in OPT and, of those, about 23,000 are studying in Science, Technology, Engineering, or Mathematics (STEM) fields. Some of these students will be selected for an H-1B to start in October 2008. Others may choose to continue their education, while some will depart the United States. ICE and USCIS estimate that approximately 12,000 will take advantage of the STEM extension.
Are there fees associated with filing for extended OPT?
Yes. USCIS charges $340 when an applicant files a Form I-765 for optional practical training.
When must a student apply for an OPT extension?
Under the prior regulations, F-1 students had to apply for post-completion OPT prior to graduation.
This rule allows F-1 students seeking initial post-completion OPT to apply during their 60-day departure preparation periods in the same way that they are allowed to apply for a change to H-1B status during their departure preparation periods.
Students may apply for an OPT extension at any time prior to the expiration date of their current OPT period.
What are the eligibility requirements for the 17-month extension of post-completion OPT?
The student must have a bachelor’s, master’s, or doctorate degree included in the STEM Designated Degree Program List.
The student must currently be in an approved post-completion OPT period based on a designated STEM degree.
The student’s employer must be enrolled in E-Verify.
The student must apply on time (i.e., before the current post-completion OPT expires).
What is the E-Verify program?
The E-Verify program is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA).
The E-Verify program currently is the best means available for employers to determine employment eligibility of new hires and the validity of their Social Security Numbers.
E-Verify electronically compares information contained on the Employment Eligibility Verification Form I-9 with records contained in SSA and DHS databases to help employers verify identity and employment eligibility of newly-hired employees.
Is there a cost associated with employers participating in the E-Verify program?
No. E-Verify is a free, easy-to-use web-based system available to employers and in all 50 states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
What is the application process for the 17-month STEM extension?
The student files Form I-765 with USCIS, Form I-20 endorsed by the DSO, a copy of the STEM degree, and the required application fee.
Form I-765 is being amended to require the student to indicate the degree and provide the employer’s E-Verify information.
If their post-completion OPT expires while the 17-month extension application is pending, students who timely filed their STEM extension applications with USCIS will receive an extension of employment authorization after their current employment authorization expires, but for no more than 180 days.
What must a student do after being granted the 17-month STEM extension?
The student must report to his or her DSO (within 10 days) any change in:
Legal name;
o Residential or mailing address;
o E-mail address;
o Employer name;
o Employer address;
The student must also report to his or her DSO every six months, confirming the information listed above; even if there have been no changes.
The requirement to report continues if the student’s 17-month STEM extension is extended further by the automatic cap-gap extension.