Optional Practical Training (OPT) is permission for off-campus employment granted by the U.S. Citizenship and Immigration Service (USCIS). OPT enables F-1 status international students to gain work experience directly related to their field of study. 12 months of OPT is available per degree level for students of any major as long as the subsequent degree is at a higher educational level. OPT may be used before or after completion of a program. OPT done during your degree program is limited to part-time only (up to 20 hours/week during the semester or full-time during vacations and holidays). Post-completion OPT must be full-time.
What are the eligibility requirements for OPT?
What are the eligibility requirements for OPT?
- Valid F-1 visa status
- Full-time enrollment in an accredited school for at least one academic year (time spent on academic leaves abroad also counts)
- Passport must be valid for at least another six months
- Employment must be related to the student’s major field of study and commensurate with his or her level of study
- Have not used 12 months or more of full-time CPT
- No offer of employment is required at the time of application, but the student is expected towork or be seeking employment
- Must apply to the US Citizenship and Immigration Services (USCIS) for a work permit and receive an Employment Authorization Document (EAD) before beginning employment
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How long can I work under OPT?
- A cumulative maximum limit of 12 months of full-time OPT is allowed following completion of your program of study. Any previously approved part-time OPT will be deducted from the 12-month limit at half the full-time rate (e.g., 4 months of part-time OPT will be counted as 2 months). Note: The 12-month clock starts ticking down from the first day listed on your EAD, whether you are working or not.
- Students who engage in 12 months or more of full-time Curricular Practical Training become ineligible for Optional Practical Training. Part-time CPT does not affect eligibility for OPT. Note: Students are advised to use CPT during their studies and OPT after graduation so that they can take full advantage of the paid 12- month opportunity.
- OPT done while school is in session is limited to part-time employment only (20 hours per week during the semester/full-time during vacations and holidays). Students engaged in pre-completion OPT must maintain a full course of study during the period of employment
- No more than 90 days of unemployment are allowed during OPT in order to maintain F-1 status.
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When should I apply for OPT and a work permit (EAD)?
With the assistance of the Primary Designated School Official, international students who wish to engage in full-time OPT employment must apply for and receive an Employment Authorization Document (EAD) from the USCIS before they begin working. Your DSO has to recommend you for OPT in SEVIS and provide you with an updated Form I-20 showing the recommendation. You must submit that Form I-20 with your application for employment authorization (Form I-765).
You do not need to leave a job offer to apply for post-completion OPT (after completion of your course requirements). However, you should not apply for pre-completion OPT (prior to completion of your degree) unless you have a job offer.
Application Deadlines
1.) For pre-completion OPT applications:
There is no deadline for applying for pre-completion OPT, but you must have an Employment Authorization Document (EAD) for the OPT before beginning work.
2.) For post-completion OPT applications:
No earlier than 90 days before your program end date
No later than 60 days after your program end date
NOTE: Since processing can take 90 days, we recommend applying 3 months in advance of the requested start date of employment. No specific job offer is required at the time of application. Your employment start date on your I-20 must fall within 60 days after you have graduated. The USCIS Office must receive the application within 30 days of the date your DSO made the OPT recommendation in SEVIS and issued you a new I-20. It is advisable to speak with your DSO about the timing of your application and the date you list as the beginning date of the proposed employment. You should choose the latest start date possible (the 60th day after graduation) if you think it is unlikely that you will receive a job offer before then.
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What do I need to apply for OPT?
- Complete Form I-765 (Application for Employment Authorization). Make sure you sign this form clearly and within the lines because your signature will be scanned for your EAD. The Employment Start Date for F-1 student OPT requests may be no more than 61 days beyond the Program End Date.
- A new Form I-20, with DSO’s signature. You must also bring in all previously issued I-20 forms and have them copied at the time you submit your application for review.
- 2 passport-size photographs. The photo requirements are the same as for passport photos (full frontal face photographs in color with plain background; the same size and image specifications as for passport photos.) The two photographs must be identical and no more than 30 days old when the application is filed. Head and face coverings are not acceptable except for limited religious or medical reasons.
- Lightly print your first and last name and A# on the back of each photograph with a pencil.
- Make copies of both sides of the I-94 (it's usually stapled to your passport) as well as the ID page and U.S. visa page of your passport.
- Make copies of any previous EAD cards (if applicable.)
- Complete the Student Intent Form. Make sure you meet with a relevant faculty member to sign the Academic Department Certification, which certifies that the OPT work is related to your field of studies.
- Make an appointment with the International Programs Office and bring all required documentation together with your current, original I-20 and valid, unexpired passport (including the I-94). If your F-1 status is valid and the proposed employment qualifies for OPT, the DSO will update your record in the SEVIS database to include an official recommendation for OPT and give you a new I-20.
- Write a check or money order payable to the US Citizenship and Immigration Services with the amount of the fee required for Form I-765. The fee amount for this form may change at any time; the current fee amount is $380.
You must mail the completed Form I-765, the filing fee check, the two photographs, and copies of all your original documents as listed above to the USCIS Service Center with jurisdiction over your place of residence.
If you apply while you are residing on campus, the relevant Service Center will be the the USCIS Dallas Lockbox Address below.
For U.S. Postal Service (USPS) Deliveries:
U.S. Citizenship and Immigration Services (USCIS)
P.O. Box 660867
Dallas, TX 75266
Attn: I-765
For Express mail and courier deliveries:
USCIS
Attn: AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067
Government processing of applications may take up to 90 days, sometimes longer.
E-Notification: If you want to receive an email and/or text message that your Form I-765 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.
How to check the status of your application:
When the USCIS sends you your receipt notice in a month or so, you will receive a receipt number that begins with the letters “WAC.” You can us this “WAC number” to access information about your application by calling the USCIS phone number 1-800-375-5283. Unfortunately, this line is almost always busy. Go to their website at http://www.uscis.gov/portal/site/uscis to check the status of your application online.
If you are approved for OPT, you will receive and “Employment Authorization Document,” or EAD card. This is commonly know as the OPT work permit, or OPT card. The card will state the dates that you are authorized to work.
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What happens after I apply?
Expect an official USCIS receipt within a month of the mailing. If you do not receive a receipt notice within 4-5 weeks, call USCIS at 800-375-5283 to see if your application was received.
If approved for OPT, you will receive a work permit, known as Employment Authorization Document (EAD) from USCIS, which comes in the form of a photo ID. This document proves that you are allowed to work in the U.S.
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What must I do while on OPT?
You may begin working after you have recieved your EAD or on the start date noted on the EDA (whichever is later). While on OPT you are still considered to be in F-1 student status. You must continue to verify your information in SERVIS every 6 months (i.e., the name of employer, start date of employement, mailing address of employer, change of employer with start and end dates of employment, decision to begin a new degree program or exit the U.S. prior to OPT expiration date). Any changes in address, legal name, visa status, or employment must be reported to the DSO at McDaniel within 10 days of of the change. Failure to submit accurate address and employment information throughout the OPT period may result in loss of you F-1 status (this also applies to students granted STEM OPT extensions).
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Are there any penalties for unemployment while on OPT?
Students approved for OPT after April 8, 2008 and who accumulate more than 90 days of unemployment while on OPT are in violation of status. Students granted a 17-month extension would violate status if they are unemployed for more than 120 days during the initial and extension period of OPT.
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Can I extend my OPT beyond 12 months?
The U.S. Department of Homeland Security (DHS) has made several important changes to the OPT program for F-1 students. The new rule now
- allows students up to 60 days after completion of their academic programs to apply for OPT.
- allows students who are engaged in OPT and who are beneficiaries of properly filed ("selected") H-1B petitions with October 1 start dates to remain in the U.S. and to continue working during the "cap gap" (the period between the end of OPT and the beginning of the fiscal year) if they face one.
- allows students who are engaged in OPT after completing a program of study and who have earned a bachelor's, master's, or doctoral degree in a Science, Technology, Engineering, or Math (STEM) field to apply for a 17-month extension of OPT, giving them a 29-month total period of OPT. The "Stem Designated Degree Program List" is available at www.ice.gov/sevis. The eligible fields are associated with specific "CIP codes" in SEVIS and include Actuarial Science, Computer Science, Engineering, Engineering Technologies, Biological and Biomedical Sciences, Mathematics and Statistics, Military Technologies, Physical Sciences, Science Technologies, and Medical Sciences.
In addition to completing a STEM field bachelor's or graduate degree at a SEVIS-approved college, a student must meet several other conditions. The student must have a job offer from an employer registered in the federal government's E-Verify system (see http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm). Many employers will be reluctant to register since they must agree to inspections of their records by federal agencies and since the system has experienced data accuracy problems. Some states, such as Arizona and Mississippi, require employers to register. The student's job offer must be at least 20 hours per week in a field related to the STEM degree. The student's employer must also agree to notify the DSO when the student's employment is terminated. The process for notifying employers of this requirement and having them agree to it, and the process for managing such notifications remains unclear.
To apply for the 17-month extension, the student files Form I-765 (as for the initial period of OPT) prior to completing the initial period of OPT. The application can be filed up to 90 days prior to expiration of the initial period of OPT. If the application is timely and properly filed, the student will be allowed to continue employment--even if the prior period of OPT expires--for up to 180 days, while waiting for the application to be approved. A student is eligible for only one 17-month extension of OPT.
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What is the “Cap Gap” Relief Provision?
Each year many students on OPT face a gap in status, know as the "cap gap," between the end of their OPT plus grace period, and the start date of their H-1B (usually October 1, the beginning of the fiscal year). As a consequence, they must stop working when their OPT expires and they cannot start working again until October 1. If their 60-day grace period can't carry them to October 1, many have to leave the U.S., reenroll in school, or change status until they can begin employment as H-1Bs. This new rule takes care of this problem, by extending "duration of status," as well as OPT work authorization until October 1, for any student engaged in OPT who is the beneficiary of a properly filed ("accepted") H-1B petition requesting change of status to H-1B on October 1. In other words, a student whose OPT expires during the summer and faces a cap gap until the H-1B status starts on October 1 would be considered to continue in F-1 status, remain employed on OPT, remain in the U.S. to begin H-1B status. F-2 dependents of F-1 students are granted the same extension of "duration of status" as the F-1 principal.
See Cap Gap for more information.
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Can I travel outside the US while my OPT application is pending?
Please note that you should NOT leave the US while you await your Employment Authorization Card. After graduation, travel outside the US before receiving OPT approval from USCIS is not recommended. Once on OPT, do NOT leave the country unless you have found a job and can travel with a letter from your employer, and a signed I-20.
If you must travel outside the U.S. before graduation (for example over Spring Recess) and prior to USCIS approval of your application, you must return to the US prior to graduation. If you must travel outside the U.S. after graduation, but before you have been approved for your practical training employment, you must carry evidence of a pending OPT application. The receipt notice from USCIS will serve as proof that you have applied. It is advisable to speak with your DSO about the timing of your application and the date you list as the beginning date of the proposed
The risk increases for individuals on OPT if the F-1 visa has expired. A new visa is required in order to reenter the US! Risk also increases if the F-1 student has been unemployed for more than 90 days or if the student has not yet received the EAD after program completion..
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What about traveling abroad after I have completed my studies and while I hold OPT status?
If you have completed your course of study and have received your USCIS authorization for practical training (your EAD card), you may travel abroad and reenter the U.S. in F-1 status to resume employment that has already commenced or to return to begin a job that has already been offered. This means that you must carry a letter from the employer, in addition to the EAD.
Once the approved period of OPT has begun, time spent outside the U.S. will count as unemployment against the 90/120-day limits. If your OPT has been approved and you depart before you get a job, your OPT ends and you cannot reenter.
You will need the following documents for your reentry:
- a valid passport
- a valid F-1 visa stamp in your passport
- a current I-20 recommending optional practical training, with DSO signature within five months of reentry (A signed I-20 is not valid for travel for 12 months. Your I-20 should be endorsed every 6 months.)
- your unexpired Employment Authorization Document (EAD) issued by the USCIS
- a letter from your employer indicating that you have a practical training job in the U.S. in your field of study and that you are returning to the U.S. to resume or start this employment.
If you do not have all of these documents, you should NOT travel abroad without first consulting the DSO at McDaniel. Note: An expired F-1 visa can pose a problem; it may be difficult to renew your F-1 visa while you are on OPT. Should you leave the U.S. during OPT and require a new F-1 visa, please note that Consular Officers may reject F-1 visa applications made by students on OPT because employment in the U.S. may be viewed as a step towards Permanent Residency. Students on OPT remain in F-1 status and thus must continue to prove non-immigrant intent.
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Will I have to pay U.S. taxes for income earned while on practical training?
In general, F-1 students who have been in the U.S. for fewer than six calendar years are exempt from social security (FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer, as many employers are not familiar with this provision of the tax law. You will be subject to all other taxes that may apply: federal, state and local. You should check to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation.
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What is my relationship with the International Programs Office (IPO) while I am holding post-completion OPT permission?
Even though you may be working full-time away from McDaniel, possibly in another state, you must still keep in contact with the college. Please make sure to inform us of an e-mail address which will stay active throughout your year of OPT. you must sumit any address changes to the TPO within 10 days of your move. We will then forward this information to the USCIS. You must also inform the IPO if you decide to stop working and leave the U.S. prior to completion of your OPT permission period.
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