Transcript Optional Practical Training (OPT)

Duke Visa Services
Presenters

Princess Solomon
Wake Technical Community College
[email protected]

Claudia De La Cruz
Duke Visa Services
[email protected]

Dylan Sugiyama
Duke Visa Services
[email protected]
What is OPT?
12-month work authorization per each higher
educational level
 Benefit of F-1 status
 Related to major area of study
 Pre-completion OPT - before graduation (may be
part-time or full-time)
 Post-completion OPT - after graduation (must be
employed at least 20 hours per week)
 17-month STEM extension - additional OPT for
STEM majors (Science, Technology, Engineering
and Mathematics)

Duke Visa Services
How to apply for OPT
Form I-765 – completed
Optional Practical Training Application
Recommendation letter from academic advisor
$380.00 check or money order made payable to “U.S.
Department of Homeland Security” (check must have
pre-printed name, cannot be starter check)
 2 passport size photos (see USCIS specifications)
 All I-20 forms
 Passport
 Visa stamp
 I-94 admissions record
 Previous EAD (if applicable)
 Copy of student’s degree reflecting the conferred
degree and major field of study (STEM extension only)




Duke Visa Services
OPT Cap gap

Occurs when an F-1 student’s status and work
authorization will expire in the present fiscal year before
their approved H-1B employment will begin on October 1st.
Good News!! The Cap Gap allows
F-1 OPT students with an approved or
receipted H-1B petition to continue
working until the H-1B October 1 start
date takes effect. Applies only to “cap
subject” employers.
Other helpful links

Study in the States
 http://studyinthestates.dhs.gov/

NAFSA
 http://www.nafsa.org/

Duke Visa Services
 http://www.visaservices.duke.edu
Problem:

Students calling
customer service line to
expedite processing. CIS
may interpret as an
attempt to change the
application to an
‘economic hardship’
application and issue an
RFE. Poses serious
delays
Duke Visa Services
Solution:

Make student aware that
there is no way to
expedite processing of
an I-765 application and
by calling they delay the
adjudication process
even more
Problem:

Checks that bounce:
delays processing
greatly; may or may not
receive an invoice, if not,
the application will be
denied and a new
application will have to
be filed delaying
adjudication even more
Duke Visa Services
Solution:

Make sure there is
money in the account or
use cashier’s check or
money order
Problem:

Check is rejected (i.e.
account holder’s
information not printed
on personal check)
Duke Visa Services
Solution:

Use a cashier’s check or
money order
Problem:

RFEs for transfer students
applying for pre-completion
OPT before the end of their
first full year at your school.
CIS thinks they aren’t
eligible since they don’t
meet the one-year in F-1
status requirement even
though they were in F
status before starting at
your school
Duke Visa Services
Solution:

Include copies of I-20s
from previous school(s)
and have the regulations
ready to quote if you do
have to respond to an
RFE
Problem:

Lost cards – never
received even though the
online system shows that
the application was
received
Duke Visa Services
Solution:

Can try requesting that
they issue a new card
through NAFSA fax or
email, but sometimes
they refuse and say the
student has to apply all
over and pay another
application fee. Another
reason to have cards
sent to the school
Problem:

Card received after work
starts
Duke Visa Services
Solution:
Make student aware of
processing times
 Advise student to attend
information session(s)
 Advise student to apply
earlier next time

Problem:

STEM extension
applications: RFE
received because the Everify user # and
employer name do not
match
Duke Visa Services
Solution:

Make sure student is
listing the full legal name
of the employer (the one
used when the business
was registered in EVerify)
Problem:

Applications returned
due to minor errors (i.e.
not checking ‘request to
accept employment’ box
Duke Visa Services
Solution:
Review application
carefully before filing
 Provide student with
detailed instructions if
they file the application
themselves

Problem:

Connection between the
job and the student’s
major field of study not
clear
Duke Visa Services
Solution:

Have the employer write
a letter explaining how
the student’s degree was
a factor in the employer’s
decision to hire the
student, and how the
student is using that
degree in performing the
job.
Problem:

Student applies for postcompletion OT but does
not graduate
Duke Visa Services
Solution:
If the application is still
pending, contact TSC to
request that the application
be withdrawn. DSO
withdraws OPT
recommendation in SEVIS.
 If OPT is already approved,
can still request to withdraw
the application (doubtful),
or student can work parttime until all degree
requirements are
completed. 90 ay
unemployment rule still
applies

Problem:

Cap gap: SEVIS not
updated with the H-1B
information; therefore,
can’t process the cap
gap.
Duke Visa Services
Solution:

Request a data fix in
SEVIS and include
documentation (H-1B
receipt/approval notice)
Problem:

Errors on cards or
receipts (incorrect dates,
names, DOB, etc.)
Solution:

Use NAFSA fax or email
at TSC. If student needs
to begin work, use the
card to get I-9’ed then
return the card to TSC
for correction and
reissuance
NAFSA:
Fax (214) 962-1450
Email: [email protected]
Duke Visa Services
Problem:

Students not complying
with employment
reporting requirements
Duke Visa Services
Solution:

Use the SEVIS alert list.
Educate students on the
need to comply with the
requirements and the
risks inherent in
noncompliance
Problem:

Lost/Undelivered cards
due to addresses
Duke Visa Services
Solution:
Use school’s address to
avoid these issues
 Be ready for complaints
if cards get lost in the
school’s mailroom.
Contact your mailroom to
establish a procedure

Problem:

I-797 Receipt Notice not
received
Duke Visa Services
Solution:

Have student call
customer service number
to request one
Problem:

Photos do not meet CIS
guidelines (i.e. wrong
size, background color
too dark, etc.)
Duke Visa Services
Solution:

Provide student with
photo guidelines and
request new photos if in
doubt
Problem:

Application taking longer
than 90 days due to
background checks.
Especially for students
from Iran, Pakistan, etc.
Duke Visa Services
Solution:

None, unfortunately
Problem:

SEVIS not being updated
once TSC makes a
correction on the card
(especially dates), so the
card has the corrected
dates but SEVIS still has
incorrect information
Duke Visa Services
Solution:

Request a data fix in
SEVIS.
Problem:

Travel after graduation
Duke Visa Services
Solution:

Not encouraged until
OPT is approved and
student has the EAD
card in hand. Student
must have an offer letter
to present at POE upon
re-entry
Problem:

RFE because the DSO
did not confirm that
practical training will be
in the student’s field of
study.
Duke Visa Services
Solution:

Include a note in the
comments section of the
OPT request stating that
the training will “be in the
field of study” or “be in
the field of [Major]”.
Problem:

OPT application not filed
within 30 days of the
date on which the DSO
made the OPT
recommendation in
SEVIS
Duke Visa Services
Solution:

School files the OPT
application rather than
giving it to the student to
file