Post-completion OPT

 Four categories of OPT authorization:  Standard  Pre-completion OPT  Post-completion OPT  OPT Extensions  Cap-gap OPT extension  STEM degree OPT extension Types of OPT Authorization

 OPT that begins AFTER a student’s program end date  Student must be employed for an average of at least 20 hours of work per week  Post-completion vs. pre-completion OPT: category is determined by the timing of the student’s requested employment start date in relation to the student’s program completion date, which is based on institutional policies Post-Completion OPT

Program Completion Date

 Automatically extends duration of status and, under certain circumstances, employment authorization for eligible F-1 students; designed to eliminate “gap” between F-1 and H-1B statuses  To qualify for the H-1B cap-gap extensions:  The student must be the beneficiary of an H-1B petition that:  has been timely filed;  requests an employment start date of October 1 of the following fiscal year; and  requests a change of status; and  The student must not have violated the terms or conditions of his or her F-1 status.  Cap-gap extensions are terminated if the H-1B petition is rejected, denied, or revoked Cap-Gap OPT Extension

 Allows eligible students who have completed a designated Science, Technology, Engineering or Math degree program in the U.S. to apply for a 17-month extension of their OPT authorization  Eligible degree programs are determined by CIP (Classification of Instructional Programs) code; a list of eligible degree programs can be found at (last updated 09/25/08)  Student’s employer must be enrolled in the Department of Homeland Security’s (DHS) E-Verify program STEM Degree OPT Extension

 Student must apply to the U.S. Citizenship and Immigration Services (USCIS) for an Employment Authorization Document (EAD)  Form I-765 (Application for Employment Authorization)---current filing fee is $380  The student cannot begin employment until the start date noted on the EAD How is OPT authorized?

An application for OPT consists of four steps:  The student makes a request for OPT to the DSO  After determining eligibility, the DSO updates SEVIS with an OPT recommendation  The DSO prepares a Form I-20 with the OPT recommendation and requisite signatures  The student files a Form I-765 (with fee) and the Form I-20 with a USCIS Service Center Applying for OPT

Deadline for Applying for OPT Pre-CompletionPost- Completion STEM Extension Up to 90 days before completion of a full academic year Up to 90 days before program end date Up to 120 days prior to the end of his/her post- completion OPT If the student has already completed a full academic year, up to 90 days before requested employment start date Up to 60 days after program end date

 Requested start date cannot be more than 60 days past the program end date  Late application filing will result in lost days Post-Completion OPT Start Date

 Requested end date cannot be more than 12 months after the requested start date  Authorization to engage in OPT employment is automatically terminated when the student transfers to another school or begins study at another educational level Post-Completion OPT End Date

 Students may accrue up to 90 days of unemployment for each new period of post-completion OPT  Students who have OPT extended due to the cap-gap provisions are subject to the 90-day limit on unemployment  Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire Post-completion OPT period.  There is no limit on unemployment during periods of authorized pre-completion OPT Limit on Periods of Unemployment During a Period of Authorized OPT

 Each day (including weekends) during the period when OPT authorization begins and ends that the student does not have qualifying employment  Time spent outside the United States during an approved period of post-completion OPT counts as unemployment unless the student is either:  Employed during a period of leave authorized by an employer; or  Traveling as part of his or her employment What counts as time unemployed?

 All OPT employment is required to be in a job that is related to the student’s degree program (but DSO is not responsible for making this determination)  This employment may include:  Paid employment  Multiple employers  Multiple short term employers (gigs)  Work for hire (independent contractor)  Self-employed business owner  Employment through an agency or firm  Unpaid employment (volunteers or unpaid interns) * : (student should be able to provide evidence from the employer to verify that he/she worked at least 20 hours per week during the period of employment) Employment Allowed While On OPT

Student must report to the DSO within 10 days:  Legal name change  Change in residential or mailing address  Change in employer, providing the employer name and employer address  Loss of employment Reporting Requirements: Post-Completion OPT Students

 Employer must report the termination or departure of an OPT employee to the DSO within 48 hours of the event Additional Reporting Requirements: STEM Degree OPT Extension Students

 Before the program end date--”usual” travel documents required:  Valid passport  Valid F-1 visa stamp (exception: Canadians)  Form I-20 with a valid travel endorsement signature from DSO  After the program end date:  While Post-completion OPT application is pending: “usual” travel documents* + Form I-797 receipt notice  After Post-completion OPT application has been approved: “usual” travel documents* + unexpired EAD + evidence of employment *Form I–20 must be signed for re-entry by the DSO within the last 6 months. Travel & Re-Entry During OPT

 Potentially higher risk of visa denial if applying for a new visa during a period of Post-completion OPT authorization  Travel is not advised for students during Cap-Gap OPT Extension period due to pending change of status (F1  H1B) request and “last action” rules Travel While on OPT (continued)

Questions? Heather Loughrey at or stop by room 2302