opt update and cap gap · 2020. 9. 16. · o pre-completion and post- completion opt o opt is...
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12 month OPT, Cap
Gap & STEM OPT
INTERNATIONAL STUDENTS AND SCHOLARS
309 Wes Watkins
405-744-5459
9/16/2020
What is Optional Practical Training?
O Defined as “Temporary employment for practical training directly related to the student’s major field of study”
O Pre-Completion and post- completion OPT
O OPT is available after the completion of each level – BS, MS, PhD
O Eligibility – Must have been lawfully enrolled on a full-time basis at an SEVP approved school for one academic year.
O Post completion OPT is after the completion of the degree.
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In preparation for 12 month OPT
Is this semester your final semester?
O Confirm with academic advisor
O File the ISS final semester form with the OPT application
Final Semester enrollmentO Undergraduate = Number of hours to graduate
O Graduate = No assistantship (minimum hours is 2 or what is needed to graduate
O Assistantship = 6 hours for both 25% or 50%. Check with Graduate College of graduation requirements
O Doctoral Candidates = continues enrollment of 2 hours
O Caution: under enrollment and failure to graduate can result in loss of OPT
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12 month filing deadlines
O File up to 90 days before the end date of the degree program
O No more than 60 days after the end of the degree program
O Students who have a GPA requirement in order to graduate may choose to apply during the 60 day grace period (grades are reported by Wednesday after classes end)
O Students who are missing the thesis deadline during the semester may choose to wait and apply during the 60 day grace period
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12 month mailing deadline
O OPT application must be mailed and
receipted from the USCIS Lockbox within
30 days of the date the DSO enters the
recommendation for OPT in the SEVIS
system
O Be ready to mail your application
O Verify that you have $410 – Fee might increase.
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12 month OPT requested dates
O Requested start date cannot be more than 60
days after the program end date
O Requested end date cannot be more than 12
months after start date
O EAD start date will be the requested date or
the date of approval, whichever comes later
O If approved after the requested start date- the
end date will be extended to reflect the year
O 14 month limit – 60 day grace period + 12
months of OPT
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Employment Authorization Document (EAD)
O The DSO recommends the OPT
O USCIS authorizes employment with the approval of the EAD ( 90 to 120 days)
O The EAD card authorizes employment
O Official dates of employment are verified on the EAD
O I-765 receipt does NOT authorize employment
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Employment Authorization Document (EAD)
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What do you need to travel? 1) valid F-1 visa, 2)recently endorsed I20, 3)
job offer is available, 4) limit your time out of the U.S. 8
IS THIS
YOUR
PHOTO?
Periods of UnemploymentO The unemployment days are 90
consecutive days. It is important that you note the volunteering or employment within the 90 days in your SEVP portal. The SEVIS system will terminate the record for failure to report employment within the 90 days.
O Students must work/volunteer in the current field of study at least 20 hours per week to be considered employed.
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Periods of Unemployment
O Consequences of exceeding the period of unemployment
O Terminate your SEVIS record
O Prior to reaching the limit of authorized unemployment prepare to transfer, change educational level, change of status, or depart the U.S.
O Keep records of employment/volunteering
O Record employment accurately in the SEVP Portal
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Types of Employment
O Regular paid employment (multiple employers)
O Multiple short term employers (gigs)
O Work of hire – 1099 employment (contractual relationship)
O Self-Employed – prove proper licenses
O Agency or consulting firm – must work at least 20 hrs a week – Caution: employee and employer relationship.
O Volunteers or unpaid internships in your field of study - (12 month OPT only – not available for OPT STEM)– must not violate any labor laws, 20 hrs of a week
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12 month OPT types of employment
O Volunteering & Unpaid Internships O Student may work as a volunteer or unpaid
intern in your field of study, where this practice does not violate labor laws
O 20 hours per week
O Be able to provide evidence acquired from the employer to confirm 20 hours a week of employment
O ISS does not need verification of the volunteering – enter the information in SEVP portal
O Dept of Labor (Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act)
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Reporting Requirements
O SEVP Portal – allows F-1 students to report information directly to SEVP to fulfill legal reporting requirements.
O SEVP Portal will allow you to :O View your Post Completion OPT
O Report changes – address, phone, & employer information
O View & update your employers
O All updates go directly to SEVP
O Locked due to password difficulties – As of February 13 upgrade allows you to request a reset of the portal password
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Reporting Requirements
O SEVP PORTAL
O SEVP will send an email to you once your OPT is approved and the start date of the EAD is current.
O Email will come from SEVIS – [email protected]
O Be sure ISS has the correct email address at the time of OPT application
O More information go to:
O https://studyinthestates.dhs.gov/assets/sevp_portal_student_user_guide.pdf
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Reporting Requirements
O Studyinthestates.gov - SEVP Portal Help
O https://studyinthestates.dhs.gov/sevp-portal-help
O STEM OPT students are unable to add a new employer or change the start date of their new employer due to the need to upload the Form I983 – Training plan
O STEM OPT students must continue to upload the I-983 on the ISS website.
O February 13 update – OPT STEM students can now see reporting and self-evaluation requirements when you login.
O OPT STEM – When the employer end date changes you will receive an email reminder to complete an evaluation.
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SEVIS PORTAL - Add Employer
Relation to Field of Study : Explain how the employment is related to student’s course of study
O Need to explain how the student’s employment with this specific employer is related to your course work
O Example: I studied Management Information Systems and now work for a Software company using data mining, analytics, big data skills, and programming languages (hadoop, R, SAS) which is knowledge gained during my MS/PHD study.
O Watch out of character limits
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Grace Period after OPT
O The 60 day period is given to F-1 student after
the completion of a course of study, or an
authorized period of post completion OPT.
O It allows the student time to prepare for
departure from the U.S, apply for a transfer to
another institution, request a change of level
at the current school, or take steps to change
status to a legal status.
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Click on forms at the top of the page. Go to TAX & EMPLOYMENT at the middle of the page. You only need to use the ISS link, if you have a problem with the SEVP Portal.
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ISS Web Pageiss.okstate.edu
OPT Packet – Mailing EAD
O $410.00 –$550 Fee increase on October 3. The application must be receipted prior to Saturday, October 3. It is suggested that your application be receipted by USCIS no September 30
O Check or Money order - Payable to DHS
O Two Photos
O Completed I-765 – Item #27 C 3 B O See instructions for part 6
O Form G-1145
O I-20 copy with OPT Notation
O I-20 copies of all previous OPT and CPT I-20s
O Copy of previous EAD, if applicable
O I-94 copy
O Valid visa page (Colored copy of visa)
O Mail packet: USCIS, PO Box 660867, Dallas, TX 75266 (see instructions for courier address)
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Previous OPT,CPT &Previous SEVIS ID#
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EAD Delivery Procedure
O ISS will notify you by email upon receipt of the EAD card.
O You are personally welcome to pick up your EAD in the ISS office
O The ISS will mail your EAD though eShipGlobal if requested
O E-Ship: https://study.eshipglobal.com
O Create an account, enter your name, CWID, request packet from the ISS office as the sender
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USCIS My Case StatusO Tracking your OPT Application
O USCIS.gov
O USCIS Case Status Service Online
O Check processing times – 90 days plus
O 1-800-375-5283 National Customer Service
Center
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To Apply for OPTO The ISS will provide a link to apply for OPT. Check listserv for
application link or contact [email protected] and request the OPT link.
O Take the Quiz from the link in the email.
O Powerpoint presentation is available for your reference
O You must pass the quiz within three attempts in order to apply for OPT. Once quiz is submitted you will receive the results in an email along with further instructions.
O If you pass, you will complete the OPT packet.
O If you are in Stillwater, please bring the completed and required documents to ISS for review and OPT I20 issuance.
O If you are not in Stillwater you will need to submit an eshiprequest to receive your OPT I-20.
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Questions!
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STEM (Science, Technology, Engineering, Mathematics)O OPT STEM Extension
O 24 months
O Amended regulations for OPT STEM
extension begins May 10, 2016
O https://www.uscis.gov/working-united-
states/students-and-exchange-
visitors/students-and-employment/stem-opt
O https://studyinthestates.dhs.gov/stem-opt-
hub
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STEM (Science, Technology, Engineering, Mathematics)
O STEM Designated Degree Program List –updated May 10, 2016
O Actuarial Science O Animal ScienceO Computer Science Applications O Food ScienceO Engineering O Engineering Technologies O Biological and Biomedical Sciences O Mathematics and Statistics O Military Technologies O Physical Sciences O Science Technologies O Medical Scientist (MS, PhD)
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STEM OPTO Must be engaging in an unexpired post-
completion OPT that was granted (successfully completed) a BS, MS, or PhD degree listed on the DHS STEM Designated Degree Program List
O Each degree has an assigned CIP code –check to see if your degree is noted as a STEM degree
O STEM OPT employer must be registered in E-Verify – receive a valid E-Verify client company identification number
O OPT STEM is available for two-per lifetime
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STEM OPT Employer-Employee Relationship
O Must have a bona-fide employer-
employee experience
O No volunteer positions
O Start up businesses do not qualify for the
OPT STEM option. The new training
requirements and the training form has
ruled out this option.
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STEM OPTO Must file STEM OPT in a timely manner, it
is suggested to file 90 days before OPT expires but not required.
O Must submit OPT STEM I20 to USCIS within 60 days from the ISS DSO issuance.
O A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first.
O Training Plan Form I-983 is required – upload the I-983 to the ISS request form. https://studyinthestates.dhs.gov/form-i-983-overview
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STEM OPT Periods of Unemployment
O 24 month OPT STEM Extension are given an additional 60 days of unemployment after the 12 month initial OPT
O Total of 150 days = 90 days during 12 month OPT plus 60 days during the OPT STEM Extension
O Must report the termination of employment within 10 days of the event
O Unemployment is counted in consecutive days
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Reporting Requirements
O Studyinthestates.gov - SEVP Portal Help
O https://studyinthestates.dhs.gov/sevp-portal-help
O STEM OPT students are unable to add a new employer or change the start date of their new employer due to the Form I983 – Training plan
O STEM OPT students must continue to upload the I-983 on the ISS website.
O OPT STEM – When an employer end date changes you will receive an email reminder to complete an evaluation.
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STEM OPT Reporting SEVP PORTAL
O Limited reporting information
O Can not add employers – must complete Form I-983 with DSO in ISS
O SEVIS will push the updates into the portal
O Will not be able to change read-only portions
O You can not edit employer information to work for another employer.
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STEM OPT Reporting –4 Reporting RequirementsO 6-month - will be completed in the
SEVP Portal
O Student is responsible for reporting the
following: Legal name, current address
information, name and address of
current employer, job title, supervisor
information, and end date of
employment
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STEM OPT Reporting –4 Reporting RequirementsO Annual Self – Evaluations - 12 months from
the OPT STEM start date must complete Form I-983. https://www.ice.gov/sites/default/files/documents/Document/2016/I-983.pdf
O Evaluation of Student Progress – see page 5
O Collect the required signatures from employer and upload the I-983 to your update request on the ISS website.
O The ISS will upload the I983 in your SEVIS record. It is suggested that you keep a copy for your records.
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STEM OPT Reporting –4 Reporting RequirementsO Changes in Employment Status
O Termination
O Departure
O Submit a Form I-983 to the ISS (DSO) within10 days of the start date of the new OPT STEM employment
O Complete the OPT STEM update on the ISS webpage and upload the I-983
O Form I-983 will be uploaded in your SEVIS record.
O New I20 will be issued, for mailing request an eship.
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STEM OPT Reporting –4 Reporting RequirementsO Material Changes to Form I-983
O Submit I-983 to ISS (DSO) with material changes
O Change in employer’s EIN
O Compensation and reduction of work hours
O Significant decrease in hours per week
O Changes in learning objectives or employer’s commitment
Form I-983 will be uploaded in your SEVIS record.
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Previously Obtained STEM Degrees
O F-1 student participating in 12 month OPT
based on a Non-STEM degree can use
prior STEM degree for OPT STEM
Extension.
O Employment must be related to the
previous STEM degree
O Degree must be received within 10 years
O ISS (DSO) must verify the prior degree
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Grace Period after OPT
O The 60 day period is given to F-1 student after
the completion of a course of study, or an
authorized period of post completion OPT.
O It allows the student time to prepare for
departure from the U.S, apply for a transfer to
another institution, request a change of level
at the current school, or take steps to change
status to a legal status.
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OPT STEM Reporting for Employers
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Form I-983
OPT STEM Reporting for Employers
O Form I-983 – Employer must implement
formal training programs for the students
to enhance the learning experience
O Evaluation on Student Progress – Annual
Self Evaluation, 12 months from the OPT
STEM start date. Complete Form I-983 –
submit to ISS (DSO) through the ISS
website.
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OPT STEM Reporting for Employers
O Material Changes to Form I-983O Submit I-983 to ISS (DSO) with material
changes
O Changes in employment status O Termination/resignation
O Employer Site Visits
O Employer Attestations – The Form I-983 attests there will be sufficient resources for training, will not replace a full or part time US worker, and the compensation is similar to a US worker
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USCIS My Case StatusO Tracking your OPT Application
O USCIS.gov
O USCIS Case Status Service Online
O Check processing times – 90 days plus
O 1-800-375-5283 National Customer Service
Center
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ISS Web Pageiss.okstate.edu
ISS Web Pageiss.okstate.edu
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OPT STEM EAD Delivery Procedure
O Do not move after you have mailed your
OPT STEM request to USCIS
O USCIS mailing is not forwarded to another
address – EAD will be returned
O If you must change your address contact
the National Customer Service number
1 (800) 375-5283
O There is some risk involved in changing
your address
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OPT Packet – Mailing EAD
O $410.00 –$550 Fee increase on October 3. The application must be receipted prior to Saturday, October 3. It is suggested that your application be receipted by USCIS no September 30
O Check or Money order - Payable to DHS
O Two Photos
O Completed I-765 – Item #27 C 3 C O See instructions for part 6
O Form G-1145
O I-20 copy with OPT Notation
O I-20 copies of all previous OPT and CPT I-20s
O Copy of EADs
O I-94 copy
O Valid visa page (Colored copy of visa)
O Transcript or Diploma showing the completion of your degree
O Mail packet: USCIS, PO Box 660867, Dallas, TX 75266 (See instructions for courier address)
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Previous OPT,CPT &Previous SEVIS ID#
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Questions!
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