post-completion opt. four categories of opt authorization: standard pre-completion opt ...
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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 http://www.ice.gov/sevis/stemlist.htm (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-Completion Post-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 (F1H1B) request and “last action” rules
Travel While on OPT (continued)
