Optional Practical Training

1
Optional Practical Training

• Tutorial
• Yale University
• Office of International Students and Scholars
• 421 Temple Street

2
Outline

• What is OPT
• Who is Eligible
• How to Apply
• When to Apply
• Forms
• Mailing your Application
• USCIS Notifications and Approval
• Travel
• After OPT

3
Definition

• Optional Practical Training (OPT) is temporary
  employment authorization that gives F-1 students
  an opportunity to apply knowledge gained in the
  classroom to a practical work experience off
  campus.
• 12 months available at each degree level for use
  either during or following program completion
• Full-time during periods of recess
• Part-time when school is in session, deducted at
  half the rate
• Full-time after degree completion

4
OPT Eligibility

• Must be maintaining full time student status for
  at least one full academic year preceding the
  submission of your OPT application
• Student is eligible for 12 months of practical
  training for each change to a higher educational
  level
• Previously approved OPT periods within the same
  degree level will be deducted from the 12 months
  total
• A student who uses a year or more of full-time
  Curricular Practical Training (CPT), is not
  eligible for OPT

5
Type of Employment

• Job must be directly related to your academic
  field of study
• Undergraduates need to be able to make logical
  connection between studies and employment
• For example, a professional position that
  requires a minimum educational level of a BA,
  regardless of major
• Not employer specific you can change employers
  and/or have multiple employers
• You do not need a job offer to apply for OPT

6
How to Apply

• Schedule an OPT appointment with OISS, contact
  sarah.henderson_at_yale.edu or stop by the office
• Complete all required forms, take photographs,
  complete check list (see next slides for details)
• Bring all documents to OPT appointment to submit
  to OISS adviser for recommendation (new I-20 will
  be issued within 3 business days).
• Upon receipt of new I-20 with OISS OPT
  recommendation, send application to immigration,
  USCIS.

7
When to Apply

• At the earliest possible date! Immigration can
  take 90 days or longer to process your
  application
• Pre Completion OPT
• Students completing first year of study, may
  apply 90 days prior to requested start date
• Students beyond first year may apply as early as
  120 days before desired employment start date
• Post Completion OPT
• Apply as early as 120 days before degree
  completion date
• Students in one year programs, 90 days before
  degree completion
• Immigration must receive your OPT application
  prior to the completion date noted in section 5
  of your I-20

8
Application Timeline for Graduating Students
USCIS Must Receive Application By May 26, 2008
Apply from January 26, 2008
Any Date From May 26 July 26
120 days
1 year (12 months)
Degree Completion May 26, 2008
May Request Start Date
End Date Last Day Of Work
9
Application Materials

• OPT Request Form, signed by academic adviser or
  Dean OPT Request Form (download here)
• I-765 Form I-765 form (download here)
• 2 Photos per passport photo specifications
• Photocopy of OPT I-20
• Copies of all previous I-20s, front and back,
  including those from any previous schools
• Copy of I-94 (front and back)
• Copy of passport ID page and F-1 visa
• 340 Check made payable to US Department of
  Homeland Security

10
OPT Request Form
Part I Things to consider in date selection 1)
Cannot begin employment prior to start date
requested 2) Employable only during USCIS
approved period 3) Once application submitted to
USCIS, cannot change dates requested
Bring this form to OPT Appointment
6/15/2008
6/14/2009
MA
Part II Make sure to have academic adviser
complete and sign
Professor T.Jones
11
I-765 Form
12
I-765 Form
a
13
I-765 Form
Stamos Dimitrios
T. 420
Troy Square 1 New Haven
CT
06510 Greece Athens
Greece
1/1/1980
Address on I-765 must be valid for up to 90
days into the future Mail you receive from USCIS
will not be forwarded Can use care of address
for example c/o OISS, 421 Temple Street
a
a
987-65-4321 123456789 01 (number along the top
of I-94 card)
14
I-765 Form
11 is NO unless you have had a previously
approved OPT period
a
01/10/2007 New York/JFK Student F-1 Student
16 has been pre-filled with the correct code
for F-1 OPT (c) (3) (i)
c 3 i
15
I-765 Form
sign in blue ink
Dimitrios T. Stamos
[phone] 2/15/2008
16
Photograph Information
CORRECT STYLE PHOTOGRAPH

• REMEMBER
• On the back of each photo, write
• Your Name
• Your I-94
• Be careful about ink smears on photos.
• Do not press too hard when writing.

INCORRECT STYLE PHOTOGRAPH
Go to passport photo specifications for full
information on photo requirements
17
Photo Shops Near Campus
Fed Ex Kinko 30 Whitney Avenue 203-495-9741
Fed Ex Kinko 55 Church Street 203-777-7-5725
Print out and bring the photo
specification sheet from the Department of State
at passport photo specifications
18
340 Check

• Dimitrios Stamos Check
  
• 421Temple Street Apt 1
• New Haven, CT 06510 Date
  
• Pay to the order of
• The sum of Dollars
• Memo

Month / Day / 2008
340.00
Department of Homeland Security
Three hundred and forty dollars --------------
00/100
Dimitrios Stamos
SEVIS ID N0012345678

• Make a 340 check payable to Department of
  Homeland Security
• Print your SEVIS ID on the front of the check

19
Checks converted to Electronic Fund Transfers

• The Department of Homeland Security (DHS) is now
  converting funds from checks into electronic
  funds transfers for the Application for
  Employment Authorization (Form I-765).
• DHS notes in the instructions to the form that
• you will not receive your original check back.
  We will destroy your original check, but we will
  keep a copy of it. If the EFT electronic funds
  transfer cannot be processed for technical
  reasons, you authorize us to process the copy in
  place of your original check. If the EFT cannot
  be completed because of insufficient funds, we
  may try to make the transfer up to two times."

20
Submit OPT Application To OISS

• OISS will accept your application at your OPT
  appointment. Upon review OISS will submit a
  recommendation for OPT by updating your record in
  SEVIS. The SEVIS system will produce a new I-20,
  and you will submit a copy (after you have signed
  the I-20) along with your other OPT application
  materials. You will keep the original I-20 with
  your passport.
• OISS will email you when the new I-20 is ready
  for pick up at OISS (usually within 3 business
  days). At the time of pick up you will also
  receive an application check list with mailing
  instructions to USCIS.

21
New I-20 With OPT Recommendation
YALE
Ellie
N0000000000
Sample
22
Mailing Your OPT Application To USCIS

• Copy all documents for your records
• Sign OPT I-20 before making a copy to include
  with all OPT materials you will send to USCIS.
  Keep your original OPT I-20 for travel purposes.
• Send via return receipt mail use either (1) US
  Postal Service with return receipt request or (2)
  Fed Ex with signature tracking
• If your return (mailing) address is in
  Connecticut, Delaware, Maine, Maryland,
  Massachusetts, New Hampshire, New Jersey, New
  York, Pennsylvania, Puerto Rico, Rhode Island,
  Vermont, Virginia, U.S. Virgin Islands, West
  Virginia, and the District of Columbia, your
  application should be sent to USCIS Service
  Center, 75 Lower Welden Street, St. Albans, VT
  05479-0001. If your return address is in another
  state, consult with OISS to learn where to send
  your application.

23
After Application Submission

• RECEIPT NOTICE FROM USCIS
• You will get a receipt notice from USCIS within
  2-4 weeks. Contact OISS if you do not receive
  within 4 weeks.
• Check for errors. If your name is spelled
  incorrectly, contact OISS.
• Follow the progress of your case online at Case
  Status Report using the EAC number assigned on
  your receipt notice. You can sign up for email
  notifications about your application when you
  check the status of your case online.
• You may get a request for further evidence once
  your case is reviewed by a USCIS officer. If you
  receive such a request, respond immediately.
  Keep a copy of what you return to USCIS.
• USCIS processing can take up to 90 days!!!

EAC0712345678
24
OPT Approval EAD Card

• When your OPT is approved, you will receive both
  an Employment Authorization Document (EAD card)
  and a USCIS Notice of Approval that looks like
  your receipt notice. The notice generally
  arrives before the card. At the discretion of
  your employer, if the notice so indicates, it may
  be used in lieu of your EAD card to begin
  employment (and to complete an I-9 form), but
  only for 30 days.
• If your card does not arrive within 10 days of
  receipt of the approval notice, contact OISS.

YALE, Ellie
012-345-678
EAC0712345678
SAMPLE
25
Travel Issues for Graduates

• After graduation, an OPT applicant cannot travel
  outside the US and return without the EAD card.
  This EAD card is required both for re-entry and
  for a visa application if you require a new F-1
  visa to return to the U.S.
• Documents required for travel
• Valid Passport
• Unexpired F-1 Visa Stamp in passport
• Original OPT I-20 (endorsed by OISS within the
  last 6 months)
• EAD card
• Letter of current temporary employment
• WARNING It may be difficult to obtain a new F-1
  visa stamp while on OPT.
• If your employer is filing for a change of status
  on your behalf, you must consult with them before
  making travel arrangements.

26
Working in the US After OPT

• H-1B Category
• First step is to consult with employer as soon as
  employment is confirmed
• H-1B status
• Specialty Occupations, Degree matches job
  requirements
• Employer Specific
• Six years total
• Current Challenges
• Cap on the number in private industry and because
  of the cap the filing of an H-1B requires
  immediate attention. Note that there is no cap on
  H-1Bs sponsored by universities or no-profit or
  government research organizations.
• 65,000 available plus 20,000 for those with
  higher degrees
• H-1B petitioner may file up to 6 months prior to
  start date as early as April 1, 2008 (at the
  same time your OPT application is pending)

27
H-1B Continued

• The total 65,000 H-1B numbers for October 2007
  were exhausted on April 1, the first day
  applications were accepted. The additional
  20,000 for Masters level and above were exhausted
  by April 30, 2007 (Fiscal year runs October 1 to
  September 30)
• Lottery system implemented due to excess of
  applications.
• Once you have the job, youll want to explore the
  employers willingness and ability to sponsor you
  this spring for an October 1, 2008 start.
• If not, there will likely be a gap in your
  eligibility for employment from end date on EAD
  card, no later than August 2008. The next H-1B
  not available until October 2009.
• Go to Klasko, Rulon, Stock Seltzer, LLP,
  Immigration Law website for full description of
  the H-1 B category.
• H-1B Non-immigrant Status for Professionals

28
Other Work Visa Categories

• There are a variety of visa categories besides
  H-1B which may be appropriate depending on the
  particular employment or your qualifications.
• Go to Twenty-five (or more) Strategies for the
  Capped out H-1B, Klasko, Rulon, Stock Seltzer,
  LLP, Immigration Law

29

• Good Luck with your Application!
• Thanks to UCLA and Cornell whose Power Point
  presentations served as models