Optional Practical Training for F1 Students

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Optional Practical Training for F-1 Students

• University of Oklahoma International Student
  Services
• 640 Parrington Oval, 224
• iss_at_ou.edu
• 405-325-3337
• http//www.ou.edu/iss/

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Important Terms

• DSO Designated School Official OU
  International Student Advisor
• USCIS US Citizenship and Immigration Services
• OPT optional practical training
• CPT curricular practical training
• EAD employment authorization document (card)

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Practical Training Two Types

• An F-1 student may wish to find an internship or
  short-term employment to gain practical
  experience in the field of study.
• To obtain permission for this type of employment
  authorization, the USCIS permits an F-1 student
  to seek authorization for practical training.

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Type 1 Curricular Practical Training (CPT)

• Internship offered by sponsoring employers
  through agreements with the university that is
  required as an integral part of an established
  curriculum, or will count toward degree
  requirements. CPT is recommended by the academic
  advisor and authorized by the DSO.

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Type 2Optional Practical Training (OPT)

• Temporary employment authorization granted by
  USCIS for practical training that is directly
  related to the students major area of study.
• OPT can be taken during annual summer vacation,
  part-time during regular school session, after
  completion of course requirements or after
  completion of course of study.

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Optional Practical Training
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OPT can be authorized in the following ways

• After completion of the degree program
  (undergraduates last day of semester graduate
  students defense date, or last day of semester
  in which defense took place)
• After completion of all course requirements for
  the degree, excluding thesis or dissertation
  (I-20 CANNOT be extended after graduation)
• Full-time (20 hours per week) as pre-completion
  OPT during summer break
• Part-time while school is in session (20 hours or
  less per week). Minimum enrollment requirements
  apply!

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Important!

• USCIS grants post-completion OPT on full-time
  basis only.
• Post-completion OPT apply to USCIS 90 days
  before degree completion date or 60 days after
  (NEW).
• Latest date that post-completion OPT can begin is
  60 days after degree completion date.
• NEW OPT application eligibility window has
  reverted to 90 days prior to completion date.
• Applying for OPT after graduation may cause you
  to lose weeks or months of work authorization.

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OPT application procedures

• Submit to OU ISS (no appointment necessary to
  submit)
• 340 check or money order processing fee
• 2 passport-size photos
• Completed I-765
• 2 copies of all immigration documents (passport
  bio page, visa, I-94, current and all prior I-20s
  for current degree level, former EADs) DO NOT
  STAPLE
• Academic Advisor recommendation form and
  personal contact information form
• Transcript unofficial copy ok
• Make OPT processing appointment with OU DSO
• Meet with OU DSO to finalize OPT application
  prior to submission to USCIS

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Notes on OPT application procedure

• USCIS receipt notice
• Receipt number - track application status on
  www.uscis.gov
• DO NOT begin employment until you have the EAD
  and the start date is current (pre-completion and
  post-completion OPT)
• If your degree does not require that you complete
  an internship, consider pre-completion OPT and
  plan ahead!

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Note! Mailing address for EAD

• OU ISS office address - pre-filled in 3 on Form
  I-765 address where EAD will be sent
• OU ISS office will notify you via email when we
  receive your receipt notice and EAD
• designated friend can pick up documents for you
  send an email to iss_at_ou.edu
• OU ISS will verify photo ID prior to releasing
  your documents to a friend

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Post-completion OPT? Determine your start date!

• Apply for post-completion OPT either before you
  graduate beginning 90 days prior to degree
  completion or NEW in the 60-day grace period
  after graduation
• Post-completion OPT begins after you graduate
  (60-day window following graduation)
• Applying for OPT after graduation may cause you
  to lose weeks of work authorization
• You must choose your preferred OPT start date
  when you submit your application to OU ISS
• Last possible date to start OPT 60 days after
  end of semester

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IMPORTANT INFORMATION FOR GRADUATE ASSISTANTS

• If you choose a completion date that is NOT the
  end of the regular semester, BE ADVISED THAT
• All on-campus employment must end on your
  completion date
• Your graduate assistant appointment will end on
  your completion date.
• You must not continue any employment, paid or
  unpaid, on campus after your completion date.
• You will no longer be eligible for your tuition
  waiver as of your completion date. You may be
  required to pay back your tuition waiver.

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GRADUATE STUDENTS AND COMPLETION DATE cont.

• If your degree completion date is mid-semester,
  you are
• Not eligible for on-campus employment after that
  date
• Not eligible to continue graduate assistant
  appointments after that date
• Not eligible for a tuition waiver after that date
• The only way to avoid these complications is to
  SELECT THE PROGRAM COMPLETION DATE THAT IS THE
  END OF THE SEMESTER.

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IMPORTANT REGULATION!

• OPT employment authorization is strictly
  regulated under US federal immigration law.
  Working before the OPT start date on your EAD IS
  A SERIOUS VISA VIOLATION AND CAN RESULT IN A LOSS
  OF YOUR F-1 VISA STATUS.

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NEW OPT Application Deadlines

• Submit your OPT application via US mail to USCIS
  no less than seven days prior to your degree
  completion date.
• NEW You may now submit the OPT application 60
  days after you graduate, but you will lose the
  days of work authorization. This will count
  against your grace period.
• Graduates cannot apply for OPT more than 60 days
  after the end of the semester!

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New Optional Practical Training (OPT) Rules for
F-1 Students

• Current 12-month limit on OPT extended by 17
  months, for a total of 29 months for certain
  students who have completed STEM degrees in the
  US ONLY
• The H-1B cap gap is eliminated by extending OPT
  employment and status for those who are
  beneficiaries of an H-1B petition with an October
  1 start date applies to ALL OPT participants
• The filing deadline for initial OPT applications
  is changed - applies to all OPT participants
• There are new reporting requirements for students
  and employers applies to all OPT participants
• Post-completion OPT is now dependent on
  employment.  Only limited periods of unemployment
  will be permitted - applies to all OPT
  participants

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What is the cap gap?

• H-1B visa most common employment-based visa in
  the US
• 65,000 H-1B visas available each year (the cap)
  limited by US Congress
• For-profit companies may submit H-1B visa
  applications on April 1 each year
• H-1B visas begin on October 1 (for-profit
  companies)
• Non-profit companies not subject to the H-1B cap
  (hospitals, universities, etc.)
• OPT frequently ends before October 1, creating a
  gap in the work authorization and visa status

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F-1 to H-1B status Key Concepts
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Transition from F-1 student to H-1B employee
typical timeline
H-1B receipt notice issued 3 Jun 2010
Cap gap extension of OPT 9 July 2010 to 30 Sep
2010
F-1 student graduates! 15 May 2009
H-1B status
F-1 status
OPT starts 10 Jul 2009
Initial OPT ends 9 July 2010
H-1B petition submitted 1 Apr 2010
10 Jun 2010 student contacts OU ISS for cap
gap extension
H-1B starts 1 Oct 2010
Student wows employer with performance!
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What are STEM degrees?

• STEM Fields include
• Actuarial Science
• Computer Science Applications
• Engineering, including Chemical Engineering
• Engineering Technologies
• Biological and Biomedical Sciences
• Mathematics and Statistics
• Military Technologies
• Physical Sciences
• Science Technologies
• Medical Scientist (MS, PhD)
• Many fields are not included in the STEM list,
  including Business, Architecture, Human
  Relations, and Fine Arts.

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Complete information on the new OPT rules is
posted on our website!

• Go to http//www.ou.edu/iss for complete
  information
• 5-page document
• Links to additional web resources
• Keep checking your email for regular updates from
  OU ISS!

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Frequently Asked Questions

• Can I get more OPT at a later date?
• Can my OPT be cancelled?
• Can I study while on OPT?
• Can I change employers during OPT?
• Can I travel out of the US while on OPT?
• Do I get a grace period after OPT?

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FAQ 1 Can I get more OPT at a later date?

• Yes, in some cases.
• 12 full months of full-time OPT per degree
  subsequent degrees must be at higher degree level
• STEM-qualifying graduates working for employers
  enrolled in E-Verify 17 additional months of
  OPT
• F-1 students with H-1B cap gap may apply for an
  extension to October 1 to bridge the cap gap

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FAQ 2 Can I withdraw or change my OPT
application?

• difficult to change start date of the OPT
  application after submission
• difficult to cancel all or part of a period of
  OPT once EAD card is issued
• If you choose to withdraw your OPT application,
  your I-20 must be extended to a new program
  completion date.
• Months to resolve on-campus employment and status
  issues
• Must pay OPT application fee again if you reapply
  later
• Due to F-1 status issues and cost to student, we
  urge students to choose a firm degree completion
  date and OPT start date.

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FAQ 3 Can I study while on OPT?

• YES, if
• Remaining requirements, such as a thesis or
  dissertation, for a current degree program
• A required course that you were unable to take in
  your final semester of your degree program
• Post-degree certification/licensure programs
  (examples Human Relations, Accounting)
• NO, if
• You begin a new degree program (start date of new
  I-20 ENDS OPT)
• You earn credit that COULD COUNT toward a new
  degree later

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FAQ 4Can I change employers during OPT?

• Yes
• ALL employment must be directly related to the
  field of study on the I-20
• You must routinely report your US employer and
  work address to OU ISS. Failure to report could
  result in a loss of F-1 status.

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FAQ 5 Can I travel out of the US while on OPT?

• OPT F-1 status.
• Travel abroad with
• I-20 signed for travel by OU DSO
• EAD card
• Valid passport and valid F-1 visa
• employment confirmation letter.
• Departure from the US without the EAD is fine.
  You must have the above documents to reenter the
  US.
• It may be more difficult to renew an F-1 visa
  while on OPT.
• These recommendations may change due to new OPT
  regulations.

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FAQ 6Do I get a grace period after I complete
OPT?

• Yes.
• 60-day grace period following the completion date
  of OPT if you applied for OPT BEFORE graduating.
• The time the OPT application was pending does NOT
  count against the grace period if you applied for
  OPT BEFORE graduating.
• You may change immigration status during the
  grace period, obtain an I-20 for a new degree
  program, or depart the US.
• You are NOT work-authorized during the grace
  period.

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What are the new OPT reporting requirements?

• Student must routinely report your US employer
  and work address
• Student must routinely report your personal
  address
• Information is reported in SEVIS by OU ISS
• US employer must report departure of F-1 student
  within 48 hours
• Student must report start and end dates of any
  period of unemployment
• 90 days of unemployment loss of F-1 status
• 120 days of unemployment during STEM extension
  period loss of F-1 status

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QUIZ!

• Can you apply for OPT after you graduate?

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QUIZ

• How long is the F-1 grace period? When does it
  occur?

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QUIZ

• What is the latest start date you can request for
  your EAD?

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QUIZ

• How long is the USCIS taking to process OPT
  applications?

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QUIZ

• What is the recommended OPT submission deadline
  to OU ISS for May 2008 grads?

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APPOINTMENTS
You MUST submit your OPT application packet prior
to your processing appointment with a DSO. Submit
packets in person or mail to OU ISS 640
Parrington Oval, 224 Norman, OK 73019 You will
receive an OPT processing appointment at that
time. Email iss_at_ou.edu if you have any questions.