** This article about OPT Guide is part of series of articles about F1 Visa. Refer to Table of Contents at end of this article**
Today lets look at basic OPT rules for international students.
What is OPT?
Optional Practical Training (OPT) is work authorization available to international students in USA.
To be eligible for OPT students should have been in valid F-1 status for at least two consecutive semesters.
OPT Application Deadline
The earliest you can apply for OPT is 90 days before your course completion date.
The latest date the USCIS will accept your application is 60 days after your course completion date.
Example
- Your I-20 currently expires on – Dec/9/2011
- You can choose an OPT start date as early as – 12/10/2011
- you can choose an OPT start date as late as – 2/7/2012
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 17-month STEM extension must be filed before the current OPT expires.
OPT Rules
- 12 months of OPT is available after completing each higher level degree program.
- Bachelors – 12 months
- Masters – 12 months (MS, MBA, etc)
- PhD – 12 months
- If you complete MS and MBA, you can get only 12 months of OPT.
- A job offer is not required to apply for OPT.
- After you find a job, you must inform your university international office about you new job.
- After OPT start date, you cannot stay unemployed for no more than 90 days (total and even between jobs).
- There are no limits on job location within USA (Hawaii and Alaska counts)
- If you change jobs during OPT, inform your univeristy international office about new job.
- During OPT, you will be in F1visa (OPT is considered to be part of the program of study).
- Check OPT processing and approval time by USCIS in the processing center where your application will be submitted.
- No premium processing for OPT is available.
- OPT Card or Employment Authorization Document (EAD) that allows you to begin working on OPT.
- After graduation, you cannot work until you have the EAD in your hand and start date of OPT.
STEM – 17 Months OPT Extension
- OPT can only be extended beyond 12 months (for up to 17 additional months), if you meet the following three conditions:
- Your OPT is based on a US Bachelor’s, Master’s, or Doctoral in a STEM major (Science, Technology, Engineering or Mathematics.
- Your employer subscribes to E-Verify.
- You are currently authorized for OPT and working in a job related to your field of study
- Only one 17-month STEM extension is granted ONCE, regardless of additional degrees awarded or level of degrees.
- New STEM extension EAD card begins the day after the expiration of the 12 month EAD card and ends 17 months later, no matter the date of adjudication.
- 17-month extension will be granted in one EAD card period and cannot be split into smaller periods.
- It is possible to change employers during the 17 months. The new employment must meet the STEM extension requirements.
- Students whose applications are received before the EAD card expires will be able to continue employment while the extension application is pending until they receive the final decision from USCIS on the application or for 180 days, whichever comes first. It is possible to change employment while application is pending, as long as the new employment meets STEM extension requirements.
- If extension application is denied, student will still have the 60-day grace period after expiration of the 12-month EAD card.
More information at SEVIS Policy Guidance
STEM Extension Requirements
- You must currently be on post completion 12-month OPT.
- Verified completion of a degree on the STEM Designated Degree Programs List.
- The CIP code is found on top of page 3 of the I-20, next to “Primary Major.”
- Employment Requirements:
- Paid or Unpaid
- At least 20 hours per week
- Directly related to field of study and appropriate to degree level obtained
- Employer Requirements:
- Registered with the U.S. Government E-Verify employment verification system
- Agrees to report any termination of employment within 48 hours to OIS.
- An additional 30 days of unemployment time will be available during the extension, combined with the 90 days granted during initial 12-month. The aggregate total allowed is 120 days during the possible 29 months.
Travel while on OPT
Required documents to re-enter the U.S. while on OPT and STEM OPT
- STEM extension OPT I-20 with page 3 endorsed for travel; travel endorsement cannot be more than 6 months old
- Valid F-1 visa stamp
- Valid passport
- STEM Extension EAD card
- Job offer letter or statement of employment from company
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).
Questions?
Post your questions about OPT, OPT STEM Extension and other related issue below.
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Series – F1 Visa Rules
Following other related posted from F1 Visa Rules series.
- F1 Visa – Curricular Practical Training Guide
- F1 Visa – On Campus Employment Guide
- F1 Visa – Cap-Gap Rules – OPT and H1B
Source of the contents for this article – USCIS, ICE.
I have a question. I will be graduating on May 11 2013. i want to attend my sis wedding on may 29th in India and comeback to US. My OPT date starts on july3. I am planning to stay for 3 weeks in India. What options do i have regarding this.? and what are my chances in coming back to US without any problem. Did anyone face this type of situation.Please help.
Thank You
Can I get the OPT extension of 17 months after the 12 month OPT without valid visa at the period of extension?
I am a STEM major.
Hi,
I’m currently doing MBA on H4 visa and planning to graduate in Dec 2013. I was planning to do a COS to F1 starting Fall 2013 so that I can get OPT upon graduation in Dec. But when I spoke to my university, they said, in order to receive OPT on graduating, I should be on F1 visa for at least 2 semesters. How far is this information true? Please advice is there any other way I can get OPT upon completion.
Thanks
Pearl
Hi,
Yes that is true. You need to complete one academic year or two semesters before applying for an OPT.
Not true. AS per USCIS we do not necesarily need to be on F-1 status for two semesters. Most schools don’t know this. All USCIS needs is ful-time registration over the last two semester unless it is the student’s final semester in which case you can just take whatever is left.
I’m not sure how I can post the document here but there is a document by nafsa that outlines this statement very clearly. All you need is full-time enrolment. Some schools are strict that they need you to be on F-1 but you can talk to them about this.
Good Luck
http://www.ufic.ufl.edu/iss/currentF1studentsOPT-FAQ.html
This rule is implemented by your school and their interpretation is that matters.
You can paste the link to the document here in comments.
Please google for
” p in practical training nafsa”
It should be the first link that comes up in the result. I cannot paste the link because the link is actually a document(as opposed to a webpage).
And Yes, it is the school that has final discretion on the USCIS interpretation but I believe she/he can talk to the school based on this document.
Thanks very much. I found the document.
Great, I believe the information that you need is on the second or third page.
This is the exact statement : “An F-1 student need not have been specifically in F-1 status for 9 months, provided he or she was lawfully
enrolled as a full-time student at a service-approved
school in another nonimmigrant status that does not
prohibit full-time study (INS Operations Instructions
214.2(f)(14)(ix))”.
Enjoy, Good Luck.
Do update us on what your DSO says because it will help future students.
Hi,
I spoke to my school DSO regarding my visa situation and OPT eligibility upon completion and also sent them the link to the NAFSA document. After careful consideration they said I’m ELIGIBLE for OPT when I graduate in Dec 2013 since I was enrolled as a full-time student for the past one year although not on f1 visa.
A recap of the rule – “An F-1 student need not have been specifically in F-1 status for one full academic year, provided he or she was lawfully enrolled as a full-time student at a service approved school in another non immigrant status that does not prohibit full-time study (INS Operations Instructions 214.2(f)(14)(ix)) “.
Good luck to all those students who are in a similar situation like mine.
-Pearl
http://proposals.nafsa.org/Abstract_Uploads/1697.61212.gs126.pdf
Here is a better view of the document:
http://www.nafsaregionxi.org/conference/2010Conference/materials/downloads/opt.pdf
Good luck.
Hi,
Can we apply for a F-1 new stamp at home country if we are on F-1 OPT status with a valid EAD card and a job offer/job in progress?
I might have to travel after my graduation and I won’t be able to re-enter because my visa has expired(however, my status is still F-1). So I was thinking of travel after receiving the OPT card and a job offer?
Hi Raghu and every member
Thank you for helping clueless people like me.
My question is reagding OPT.
I’m currently a full time student enrolled for Spring 2013.
I’m on H4 visa. And i’m going to apply for change of status to F1.
So i’ll be on F1 visa for Fall 2013.
How soon am i eligible for OPT?
Should i been on F1 for 2 semesters for getting OPT?
Please let me know.
Thank you for your time and valuable advice.
Bumble.
You can study on H4 status but in order to be eligible for OPT, you should be on F1 status and should have completed an year as a full time student with the University you are enrolled to. I would suggest to get the change of status done soon to have sufficient time spent in this visa status to be eligible to apply for OPT.
Good Luck!
Thank you for the reply. I just 1 more question. Should i be on F1 throughout the full time period? Or can i be on H4 for one semester and then be on F1 for the next and apply for OPT after that?
You can study on H4 visa status. Just make sure that you complete at least 9 months as a full time student which makes on academic year in order to apply for OPT.