OPT Workshop RIT International Student Services www.rit.edu/iss Spring Semester, 2015.

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Presentation transcript:

OPT Workshop RIT International Student Services Spring Semester, 2015

What is OPT? “temporary employment for practical training directly related to the student's major area of study. ” 8 C.F.R. § 214.2(f)(10)(ii) Full time, paid work experience in your field of study!

CPT vs. OPT Optional Practical Training  $380  8 – 12 week processing, on average  Coursework must be complete  No job offer required  Authorized for one year  Authorized by USCIS Curricular Practical Training  No charge  Quick processing  Must be registered for co-op/CPT  Must have a job offer letter  Authorized one semester at a time  Authorized by ISS

Three types of OPT: 1) Pre-completion OPT 2) Post-completion OPT 3) 17-month STEM* extensions of post-completion OPT for some degree holders *STEM fields: Science, Technology, Engineering & Math

OPT Eligibility  Maintain full time student status for at least one academic year (two consecutive academic semesters) prior to selected start date.  All required coursework for degree must be completed by OPT start date (except for thesis, dissertation, or equivalent requirement – like a capstone project)*  Apply up to 90 days before graduation or completion of course requirements or within 60 days after graduation  Work in field of study (current degree program)  A job is not necessary to apply for OPT * Associates (2 year degree) must complete all degree requirements.

General OPT Information No more than 90 days of unemployment are allowed. Students on OPT may not remain unemployed for more than a total of 90 days out of a 12 month OPT period, or 120 days out of a 29 month OPT period. Short-term multiple employers (photographers/artists). Students working as artists may work for multiple short term employers, but they should maintain a list of all employers, and the dates and duration of employment. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.

General OPT Information  Self-employed business owner. Students on OPT may start a business and be self-employed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.  Unpaid employment. Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.

Application Materials  I-765 form (please use ISS mailing address)  G1145 form  Application fee of $380  Copies of all previous I-20s  Copies of front and back of I-94 card (if you entered the U.S. by land), or a copy of your admission stamp and electronic Form I-94 print-out if you entered by air or sea. You can access and print your electronic Form I-94 at  Copy of passport picture page  Copy of passport visa page  Two passport photos taken within the last six months

When to apply for OPT Step 1: Determine when you would like to start working  When will your coursework be complete? This should be the date listed on your I-20 in item #5. (If this date is not correct, please speak with an ISS Advisor)  OPT must start within 60 days of your program end date.

This is also the first possible date for our office to print the I-20. There is no guarantee of how long USCIS will take to process the application, but it can take up to 3 months or more. When to apply for OPT Step 2: USCIS will accept applications for OPT up to 90 days before the completion date on your I-20 (Item #5)

Calculate Your OPT Dates – 4 Steps #1 When are you going to graduate, or when will your coursework be completed? ____________ (x) #2What is the date 60 days after this date? ____________ (x+ 60 days) #3When can you start OPT? ____________ (choose date between questions answered in #1 and #2) #4When should you start applying for OPT? ____________ (90 days prior to answer in question #1)

#1 When are you going to graduate, or when will your coursework be completed? December 22, 2015 (x) #2What is the date 60 days after this date? February 20, 2016 (x+ 60 days) #3When can you start OPT? December 23, 2015 – February 20, 2016 (date between May 24 and July 22, 2015) #4When should you start applying for OPT? September 23, 2015 (90 days prior to answer in question #1) Calculate Your OPT Dates – 4 Steps

When can I start working?  You must have received your OPT card in hand, and the date on your card must be current.  If you request a start date of January 15, 2016 and actually receive your card on January 1, 2016 you still cannot work until January 15, 2016.

OPT Reporting:

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Travel while on OPT  ISS does not recommend travel while your OPT application is pending  While traveling, you must carry :  OPT card (aka EAD card)  Approval notice, Receipt notice  Employment letter (in order to return!)  Valid F-1 visa  Valid passport  All I-20s, and the OPT I-20 must have been signed within the past 6 months  Exception: Traveling before graduation (before I-20 expires)  Carry Enrollment Verification from the Registrar’s Office

OPT – STEM Extension (1 of 2)  Degree completed in “STEM” field (science, technology, engineering, or mathematics)  Apply for a one time 17-month extension of your regular 12 month OPT period  Each major at RIT has a particular CIP Code (Classification of Instructional Programs)  Begins immediately after the expiration of your 12 -month OPT authorization. There is no option to delay the start date of the extension.

STEM Extension (2 of 2) Eligibility Requirements  Maintaining valid F-1 status and pursuing authorized OPT employment in their field of study  Completed a Bachelor, and required course-work in a Master, or Doctorate degree in a USCIS-designated STEM field  Link to STEM Field CIP Codes ment/2014/stem-list.pdf  Employed by an eligible employer which is enrolled in the DHS E-Verify database  Not previously authorized for a 17-month STEM Extension, at any degree level

E-Verify  E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services(USCIS) in partnership with the Social Security Administration (SSA).  E-Verify is currently free to employers and is available in all 50 states. program/e-verify-employers-search-tool  E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.

STEM OPT and Travel  Show an unexpired EAD card when traveling.  Travel using the current EAD card while STEM application is pending  Once that card expires, do not travel until the new STEM Extension EAD card is received  Travel with following documents:  Valid passport  Valid F-1 visa stamp  Current I-20, signed for travel by an ISS advisor within the past six months  Unexpired EAD card (+ other OPT documents)  Letter from employer verifying employment.

What is an H1B? H1Bs are work permits requiring Labor Certification. (On OPT, you are still in F1 student status). H1Bs become available at the earliest on October 1 and can be applied for as early as April 1. Academic Institutions are cap-exempt A company must file on your behalf. There are USCIS and attorney fees. H1Bs are geographic and employer specific Cap-Gap extensions: If you had an H-1B receipt or approval notice, ISS could request an extension of your OPT until October 1

More OPT information is available at

Please help us improve our OPT workshops by completing an evaluation form. Thank you!