OPT - Virginia Tech-Northern Virginia Center

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Transcript OPT - Virginia Tech-Northern Virginia Center

Optional Practical Training
What is OPT?
 Optional Practical Training—work authorization
granted by USCIS for students in F-1 status.
 12 months experience in your field of study
 Still in F-1 status while on OPT
 Open work authorization
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Not tied to a particular job—can be used for multiple
employers
Do not need a job offer to apply for OPT
Can work anywhere in the U.S.
Can be used for full- or part-time (at least 20 hours/week)
employment
Eligibility
 Must have been in valid F-1 status for at least two
semesters (9 months)
 Academic program has not been completed, or was
completed less than 60 days ago
 Students on assistantships may NOT begin OPT
before the end of semester, or end of contract,
whichever is later.
 12 months OPT after each (higher) degree (BS, MS,
PhD)
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Unused OPT time may not be accumulated or used later.
Application Timeline
 No earlier than 90 days before you complete your
degree and received no later than 60 days after.
 It can take up to 3 months for your application to be
approved from the time USCIS receives your
application, so:
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It is best to apply early
Receiving approval early also helps you apply for benefits (e.g.
extending driver’s license, applying for SSN).
OPT Timeline
F-1 Status
Program
start date
Latest OPT
start date
Program
end date
60 day grace
period
No work
60 day grace
period
Last date to
meet with intl
advisor
No work
Depart
Earliest OPT
start date
Transfer
12 months OPT
Unemployment < 90 days
New program
Change status
90 days before program
completion: earliest date
to apply for OPT
60 days after program completion:
last date USCIS must receive
application
Latest OPT
completion date
Application Process
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Attend OPT session (recommended, not
mandatory)
Complete forms, obtain department letter, have
photos taken, make necessary copies
Schedule an OPT appointment with and submit
application to the International Student Advisor
New I-20 is issued, application is finalized
Mail application to USCIS
OPT Application Cover Page
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Name, address,
program
information
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Contract ending
date—applicable
only if on GRA or
GTA
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Anticipated program
completion date
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Requested OPT start
and end dates
G-1145
Option to receive email
and/or text message
confirming receipt of
your application
Official receipt notice
will be delivered via
mail (post). Be sure to
keep the official receipt
notice.
I-765
Instructions
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Use fillable PDF—do not fill out form online—
download and save copy to your computer. If
handwriting, print clearly and use blue ink.
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I am applying for: Permission to accept
employment
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#1: Name as it appears on your passport
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#3: the post office cannot forward immigration
mail, so make sure you list an address you will be
living or can receive mail.
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#11: If yes, answer subsequent questions and
provide copy of previous EAD
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#16: code for post-completion OPT is (c)(3)(B)
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#17: leave blank
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Signature: sign in blue ink and in the middle of
the space provided (between the two lines)—do
not cross the line above or below
Samples
Department Recommendation
• Signed by your advisor, printed on VT letterhead
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is expected to graduate with a degree of
in
month/year. The
Department recommends that
s/he be given an opportunity for the practical
application of her/his academic training. (sample A for
post-completion OPT).
• Completion date must match date given on OPT
application form.
Copies
 I-20s: Pages 1 and 3 of all I-20s ever issued to you
 Virginia Tech
 Previous schools
 I-94: front and back of card or online printout
 (www.cbp.gov/i94)
 Passport ID page and expiration page
 Visa page
 Previous EADs (if applicable)
 Change of status notice (if applicable)
Other Necessary Components
 2 color photos
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Format is important!
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Photos taken within last 6 months
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Do not use photos submitted for visa
Provide the photographer with the photo specification document
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2” x 2”
Color
Identical to each other
Local pharmacies such as CVS or Walgreens
Double check photos before leaving
 Check
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Made out to Department of Homeland Security
$380
Spell out month when dating check, e.g. March 6, 2014
What Happens Next?
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Email and/or text sent to student once application is received (3 -4
days). Official receipt notice mailed in 2 -3 weeks.
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Both will have your case number. Case can be checked online:
www.uscis.gov
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Verify your name and address
If receipt notice is returned to service center, OPT processing stops
Customer Service: 800-375-5283
Application will take 2-3 months to process, cannot request an
expedite.
Once Opt is approved, USCIS will mail your Employment
Authorization Document (EAD)/OPT card
Once you receive your EAD AND reach your employment start date,
you may begin working.
Traveling on OPT
 Before completing program, before receiving EAD (OPT
pending)
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Valid visa and passport, OPT I-20 with travel signature, enrollment
confirmation, possibly letter from department
 After completing program, before receiving EAD (OPT
pending)
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Valid visa and passport, OPT I-20 with travel signature, I-765 receipt
notice, and offer letter from employer
 After completing program, after receiving EAD (OPT
approved)
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Valid visa and passport, OPT I-20 with travel signature less than 6
months old, EAD, and offer letter from employer
If one or more of the above is missing, you assume some risk of
not being able to return to the U.S. If you have an H-1B or green
card pending, talk to your attorney or company.
OPT Extensions
 STEM extension—17 additional months (29 months
total)
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Science, Technology, Engineering, Mathematics majors only
One-time extension
Employer must be registered with E-Verify
File 90 days before current EAD expires. Application extends EAD
up to 180 days while pending
Do not travel if EAD is expired and STEM extension is pending
Must report to international advisor every 6 months, even if no
changes
 OPT extension for pending/approved H-1B
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OPT automatically extended to September 30 unless H-1B is
denied/withdrawn (then expires on denial date).
New I-20 can be issued with revised OPT end date after USCIS’s
CLAIMS updates SEVIS record.
Unemployment
 Unemployment during OPT cannot exceed 90 days
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Total is cumulative
No grace period after 90-day limit
Part-time (20+ hours/week) counts as employment
Volunteering and unpaid internships fulfill the requirement
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Must be 20 hours/week
Must be in your field of study
Keep accurate records of unpaid work
Travel outside the U.S. while unemployed counts toward unemployment limit
 If on STEM extension, unemployment limit is 120 total
 Consequences of unemployment not yet clear—possible: denied
visa, denied reentry to U.S., denied later benefit (e.g. change of
status to H-1B)
Your Responsibilities
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Notify us of any address or employment changes
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Moved
New job
Changed jobs
Notify us of any status changes
Document each position held during OPT
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Job title
Description of the work as related to your degree
Proof of duration of each position
Contact information for supervisor or manager
H-1B
 Visa status for employment in “specialty
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occupation”—requires Bachelor’s or equivalent as
minimum
Granted in 3 year increments, can be extended once
(6 years total)
H-1B cap: 65,000 +20,000
Application April 1, begin employment October 1
Obtained only through employer sponsorship
Questions?