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Optional Practical Training Updated 08/02/2016 SEMINAR Office for International Students and Scholars The Home for International Advising, Activities, and Assistance

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Optional Practical Training

Updated 08/02/2016

SEMINAROffice for International Students and Scholars

The Home for International Advising, Activities, and Assistance

Optional Practical Training (OPT) Overview

What is OPT? Practical work experience In your field of study Commensurate with your education level

Who is Eligible Initial OPT (12 months)

F-1 students legally “in-status” Enrolled full-time for at least 8 months Completing a new course of study in a degree program – 1 OPT per educational level and must

be an advanced level

STEM Extension (24 months) Currently on Initial OPT No more than 90 days of unemployment during Initial OPT period Degree conferred in an approved major in either Science, Technology, Engineering or Math Employer part of the E-Verify program

Presenter
Presentation Notes
When to Apply – no more than 120 days prior before program end date

What types of Employment are allowed?

All OPT employment must be in a job that is related to the student's degree program; no exceptions! When you have a job you must write a description on how your job is related to your degree program. You do not need a job at the time of filing, however.

Employment allowed during OPT: Must be greater than 20 hours to count Paid Employment

Multiple Employers Short-term Multiple Employers (performing artists)Work for Hire Self-employed Business Owner Employment through an Agency

Unpaid Employment (volunteers, unpaid interns)Must not violate labor laws

Presenter
Presentation Notes
Paid Employment - Students may work part time (at least 20 hours per week) or full time Multiple Employers - Students may work for more than one employer, but all employment must be related to the student's degree program Short-term Multiple Employers (performing artists) - Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs. Work for Hire - commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. Self-employed Business Owner - you may start a business and be self-employed. In this situation you must work full time and be able to prove you have the proper business licenses and are actively engaged in business related to your degree program Employment through an Agency - students must be able to provide evidence they worked an average of at lea 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 and students must be able to provide evidence they worked an average of at least 20 hours per week during the period of employment. st 20 hours per week while employed by the agency

Volunteer Work during OPT

We recommend you obtain a letter detailing your job and responsibilities. This letter should include:

• A detailed listing of employment activities and projects, specifically the number of weekly hours engaged in each activity or project

• Copies of the company's daily time and attendance records for the duration of your volunteer work

• Evidence of your physical presence in the location of your employment, such as rental agreements or receipts.

• If you are engaged in unpaid training prior to beginning paid employment, you should also obtain copies of training certificates or certifications received.

The information above is required for students applying for the OPT STEM extension, and is recommended for all other students to keep in their records in case of a future audit.

When should you apply for OPT?The Earlier, the Better!

No more than 90 days before your program end date, 60 days afterwards. Program end date is when you have taken all the credit for your program of study; INCOMPLETES do not count!

If you send the application too early (more than 90 days) or too late (after 60 days), USCIS will reject your application. Very risky to wait until last minute.

You cannot leave the U.S. (even to Canada!) after your program end date and return to apply for OPT

You must have Employment Authorization Document (EAD) card in hand and can only work during dates on the card

90 Days of Unemployment

What time counts? Each day (including weekends) during OPT authorization in which student does not

have qualifying employment Exceptions:

Time outside U.S. counts unless 1.) Employed during period of leave and travel is authorized by employer 2.) Traveling is part of student’s employment

How will DHS enforce? Student may be denied future immigration benefits, especially STEM SEVP monitors number of days of unemployment; SEVIS records are being

automatically terminated if student is unemployed for more than 90 days.

What should YOU do? Keep log of your employment (contacts, interview, offers) and unemployment Volunteer in relevant field

OPT Application Procedure

1. Read OPT packet 2. Attend OPT Workshop3. Assemble documents

Reference checklist in packet OISS OPT Request Form OISS OPT I-20 Request Form I-765 (instructions in OPT packet) 2 passport photos & check for $380 Academic Advisor Letter Copy of Initial I-20 Copy of Transfer Pending I-20s (if applicable) I-94 Copy of Visa Copy of Passport Copy of other photo ID Copy of job offer letter & description (3-5 sentences) on how it is related

to your degree program Previous EAD cards with I-20s requesting OPT

Presenter
Presentation Notes
Use Pen, not Pencil Print clearly!!!

OPT Request Form

Submit with your OPT request packet

Choose your begin & end dates carefully

Need Workshop Attendance Verification

Selecting your OPT Start Date

• Not earlier than day after program end date

• Not more than 60 days after program end date

• * Please check your I-20 end date as the dates may differ. Your exact dates of filing are

determined by the specific I-20 end date.

1 2 3 4 5 6 7 8 9 10 11 12 13 14Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb

If application is submitted 3+ months before you want to start working on OPT

Processing time

Submit application

Receive EAD Card

OPT Start date (E.g.: Jan 2, 2015)

OPT End date (E.g.: Jan 2, 2016)

12 months OPT

1 2 3 4 5 6 7 8 9 10 11 12 13 14Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb

If application is submitted less than 3 months before you want to start working on OPT or less than 3 months from the latest start date for your graduating term

Submit application

Processing time

Receive EAD Card

OPT Start date (E.g.: Mar 20, 2015)

12 months OPT

All OPT must be done within 14 months of program end date =

OPT may be less than 12 months

60 days grace period(not allowed

to work)

I-20 Request Form

Read each section and check that you have read it.

Read the “While on OPT, I am still an F-1 Student”

Select your mailing choice

Sign form

G-1145

Receive a text and/or email

informing you that USCIS has

accepted your application

Does NOT grant employment authorization

Gives LIN number to use for status

tracking

I-765 Application for Employment Authorization

Instructions included in the OPT packet!

Please carefully review the instructions!

Advisor Letter

Is REQUIRED for OPT application processing

Must be on EMU Departmental

Letterhead Stationary

2 Passport Photos

WalgreenCVS

WalmartRiteAid

Taken within last 30 days

Glossy finish

Un-retouched

Lightly print name & SEVIS number on back

Passport & Visa

I-94 Print Outor

Paper I-94

I-20s

o Bring your “Initial I-20” used when arriving to the U.S

o Bring all “Transfer I-20s” if attended other U.S. schools previous to EMU

Personal Check~~~~~~~~~

380.00eighty

Photo IDCheck

• Department of Homeland Security

• $380

• SEVIS Number

After the packet is complete

1. Submit OPT forms and documents on the checklist to the OISS front desk. An advisor will review your packet and add documents. Student will receive an email notifying of review completion in 7-10 business days.

2. Mail Application – Get Receipt Notice – Track Status

3. Report to OISS EAD – Submit photocopy

Address – Report any changes

Employer – Report contact information

Unemployment – Report dates

OPT Advisor Review

Bring ALL required documents. REVIEW checklist in packet.

You will receive a New I-20 w/OPT and 2 screenshots

The OISS will prepare petition for mailing Standard Mail or USPS Express Mail

USCIS must receive the application within 30 days of OISS’ I-20 signature

Presenter
Presentation Notes
If you are using a non-Michigan return address on your I-765, you will need to refer to page 7 of the USCIS I-765 instructions for the correct USCS mailing address ---- NOT New York!   If you later decide NOT to mail your OPT application to USCIS, you must notify your OISS advisor immediately so that we can cancel your OPT recommendation in SEVIS. Failure to inform OISS that you are not applying for OPT can cause future problems.

I-797 CNotice of Action

• Receipt Notice

• Receipt Number

Current Case Statushttps://egov.uscis.gov/casestatus/

Enter LIN here

Employment Authorization

Card

• Give OISS copy upon receipt

OPT Reporting Form-IR 12

Use to report any change of address, employer information, unemployment datesFound on OISS website under “forms”. Submit electronically. Must submit within 10 days of change

Social Security Number

You can apply for a Social Security Number (SSN) with the following documents: I-20 with OPT authorization

Employment Authorization Document (EAD)

Passport, visa, and I-94 card/printout

You DO NOT need an offer letter if applying for an SSN with an EAD card

You can only apply for an SSN during the dates on your EAD card.

While you are on OPTYou are still considered an EMU F1 student!!

Copy of EAD Card to OISS Must have EAD Card in-hand BEFORE working. Can only work during dates on

card.

Keep records of your job search

Must advise OISS of name, address or employer within 10 days

Must report all periods of unemployment

Change of Status – Let OISS know

New I-20 – OPT will be terminated

60-Day Grace Period

Presenter
Presentation Notes
Health Insurance – If you were previously on the SNOW Health Insurance Plan for at least 6 months (two terms) you may be eligible for: Continuation policy: up to a max of 6 months renew monthly, or for specific time period higher price than student insurance While on OPT employment may purchase coverage: need employment letter verifying work start & anticipated end date price will be at the current student rate

Health Insurance while on OPT

You are not automatically given EMU health insurance any more

You should obtain adequate coverage- either through EMU or another policy

EMU insurance MUST purchase before end of semester If you have a job offer letter, you can get a continuation of current

plan at same rate. If you do not have a job, you can purchase the plan on a monthly

basis up to 4 months. Contact Snow’s Health Insurance Office for details and renewal.

Travel while OPT Application is Pending

Not recommended by OISS after your program end date You may travel and return before your program is completed.

If you insist on traveling while OPT application is Pending

Students may re-enter the US to search for employment (provided no visa restrictions) Carry I-765 Receipt Notice along with other documents

Carry proof of application “pending” status at time of departure

Travel after OPT Application is Approved

Students on approved OPT may re-enter the USA to resume employment … not look for a job!

provided no visa restrictions

You’ll need to carry proof of employment (i.e. job offer letter, pay stubs)

Travel while on OPT

Passport Valid 6 Months into Future

I-20 Signed within past 6 Months

Valid Visa – Visa Revalidation

Caution – may be difficult to get a new F-1 visa to return for OPT employment

Carry EAD Card & Proof of Employment

Dependents – need to carry their I-20 AND

Copy of F1’s I-20 with OPT Recommendation

Copy of F1’s EAD Card

Copy of F1’s Proof of Employment

No re-entry during 60-day grace period after OPT

H-1B Cap Gap

Extension and Work Authorization OPT will be extended for students on OPT if they have a timely filed H-1B petition for

“change of status” (not consular notification) Student MUST present proof of a timely-filed H-1B petition (such as a mail receipt)

to the OISS for cap-gap I-20 New I-20 will authorize student status and employment to June 1 If H-1B petition accepted, the student will need to submit Immigration Status

Change Form to OISS along with petition approval. OISS will issue continued OPT I-20 from June1 until September 30.

Terminated upon rejection, denial or revocation of H-1B petition 60 day grace period still applies

Travel during this time should be avoided; proving intent to pursue F-1 activities can be difficult while H1-B pending or approved. May seem you are abandoning H1-B application.

90-limit of unemployment continues during cap-gap

Take the OPT Quiz!

Time is up!

Detailed information about the STEM extension will be discussed after the quiz.

Quiz Answers

1. True2. False3. False4. False5. 90 days6. 60 days7. EAD8. 90 days9. Yes10. OISS11. 1012. Yes!13. No14. No15. 120 days before OPT ends

QUESTIONS?

STEM Extension- Eligibility

STEM field (Science, Technology, Engineering & Math)Based on a STEM degree (current or past)

earned in the U.S. DHS designated program list Based upon major CIP code If degree is from the past, you must provide proof of accreditation from the

previous school

Employer is enrolled in US Government’s E-Verify system

DHS & Social Security Administration database Electronic verification of employment eligibility Less than 1% of employers currently participate

Volunteer Work during OPT

We recommend you obtain a letter detailing your job and responsibilities. This letter should include:

• A detailed listing of employment activities and projects, specifically the number of weekly hours engaged in each activity or project

• Copies of the company's daily time and attendance records for the duration of your volunteer work

• Evidence of your physical presence in the location of your employment, such as rental agreements or receipts.

• If you are engaged in unpaid training prior to beginning paid employment, you should also obtain copies of training certificates or certifications received.

The information above is required for students applying for the OPT STEM extension, and is recommended for all other students to keep in their records in case of a future audit.

What types of Employment are allowed?

Employment allowed during 24-month STEM Extension

Paid Employment Students must work at least 20 hours per week for an E-Verify

employer

Multiple Employers

Unpaid Employment Recent denials of STEM Extensions for unpaid employment

Presenter
Presentation Notes
Paid Employment - Students must work at least 20 hours per week or full time for an E-Verify employer Multiple Employers - Students may work for more than one employer, but all employment must be related to the student's degree program Unpaid Employment - Students are allowed to volunteer, incidental to their status. This means that volunteer work is allowed by doesn’t not count as employment for the purpose of maintaining F-1 status.

STEM Extension

When to apply for extension? Can apply 90 days before the OPT end date. USCIS MUST receive your

application before your Initial OPT ends.

What if OPT ends & extension pending? If application received before the expiration of first OPT, students may

continue to work until application processed, or 180 days

Periods of Unemployment Maximum of 150 days during 36 month OPT. No more than 90 days during

Initial OPT.

Travel outside the USA should be avoided while the STEM application is pending and until you’ve received your new EAD

STEM Extension

Additional reporting requirements Must report to OISS within 10 days of changing:

Legal name

Residential or mailing address

Employer name & address

Loss of employment

Must submit a validation report to OISS every 6 months Confirm address, employer information and continuation of employment

Must submit an annual review (part of the I-983)

Employer must agrees to report within 48 hours the termination or departure of student from their employment on I-983

24-month Extension available twice!

QUESTIONS?