Transcript Slide 1

Post-Completion Optional
Practical Training
International Students & Scholars
Office
Tess Casler, Director
AGENDA
• Review Optional Practical Training
• Answer the question - What are the new OPT
rules?
– STEM extension
– Cap-Gap provision
– Unemployment
• How/when to apply
• Travel
• Time for questions
What is Optional Practical
Training?
Optional Practical Training is
defined as…
“temporary employment for practical
training directed related to the student’s
major area of study.”
8 C.F.R. – 214.2(f) (10) (ii)
Three kinds of OPT can be
identified as…
1) Pre-completion OPT
•
Participation in OPT employment prior to
completion of a program
2) Post-completion OPT
•
Participation in OPT employment after
completion of a program
3) 17-month extensions of post-completion
OPT for certain STEM degree holders
•
Extension to a current 12 month post completion
OPT period for a total of 29 months
Pre & Post Completion OPT
can be authorized…
1) “During the student’s annual vacation
and at other times when school is not
in session
•
If the student is
•
•
•
Currently enrolled
Eligible for registration, and
Intends to register for the next term or
session”
8 C.F.R. - [214.2(f)(10)(ii)(A)(1)]
Pre & Post Completion OPT
can be authorized…
2) “While school is in session, provided
that practical training does not exceed
20 hours a week while school is in
session”
8 C.F.R. - [214.2(f)(10)(ii)(A)(2)]
Pre & Post Completion OPT
can be authorized…
3) “After completion of the course of
study, or, for a student in a bachelor's,
master’s or doctoral degree program,
after completion of all course
requirements for the degree (excluding
thesis or equivalent)…”
8 C.F.R. – [214.2(f)(10)(ii)(A)(3)]
What does all that mean?
• Your program end date on your I-20
becomes very important in what type of
optional practical training you are
eligible to apply for
– Please note – F1 program end is very
different from Clarkson program end
What are the ‘new’ OPT rules?
• On April 8, 2008, The Department of
Homeland Security published the Interim
Final Rule that makes significant changes to
Post-Completion Optional Practical
Training for F-1 students.
• This ‘interim-final rule’ became effective on
4/8/08
• The comment period has ended as of
6/9/2008
6 highlights of the ‘Interim-Final
Rule’
• Changes to OPT filing periods
• Duration of employment authorization has been
clarified
• New reporting requirements for the student and the
employer
• Certain STEM degree holders can extend their
current OPT period by 17 months
• Students with pending or approved H1B visa
applications will have ‘automatic employment
extensions’
• Post-Completion OPT now depended on employment
Highlights – broken down
Changes to filing deadlines
• You are now eligible to file your
application up to 90 days prior to the
program end date noted on your I-20
and up to 60 days after completion of
your program end
Duration of employment –
clarified…
• Your employment authorization will begin on
the date requested or the date the
employment authorization is adjudicated –
whichever is later
Exception: The 17-month extension period will
begin the day after your current 12-month
OPT period and end 17 months later –
regardless of when the extension is approved
New reporting requirements
• All students on OPT are required to
report to the ISSO…
– Changes to your name and/or your
address in the United States
– Changes in your employment and/or any
interruption to that employment
In addition…
• All student with approved 17 month
extensions must report in 10 days changes
to…
–
–
–
–
Legal name
Residential or mailing address
Employer name and address
Loss of employment
• All students on approved 17 month extension
must also file a validation report to my office
every 6 months.
STEM Extensions
17 month STEM extensions are only possible once per
lifetime – regardless of your degree level.
– This extension is granted in one 17 month period and cannot
be split
– To qualify –
• You must be on an approved Post-Completion OPT period
• You must have a degree in a STEM major as noted on the
Department of Homeland Security STEM program list
• You must be working at an employer registered with the Everify employee verification program
– You can view application procedures on the ISSO website at
http://www.clarkson.edu/isso/Immigration_visa/f_opt.html
Cap-Gap Extensions
• For any student on post-completion
OPT and who is the beneficiary of a
timely-filed H-1B petition requesting
employment for the following fiscal year
– will have an automatic extension to
their duration of status and work
authorization
– This applies to all students on postcompletion OPT – regardless of major.
Cap-Gap continued…
• The extension begins the date the H1B application is filed – not
the receipt date
• The ‘automatic extension’ terminates when USCIS rejects –
denies – or revokes the H1B petition.
– In this case – as long as you have not otherwise violated status –
you still have a 60 day grace period after the termination to depart
the US – change degree level – transfer – change to another visa
status.
• Student under the ‘cap-gap’ extension must submit to the ISSO
a copy of their filed/approved H1B petition to have their I-20
‘corrected’ with employment authorization (This may change
during the final rule)
• Students under the ‘cap-gap’ extension still need to follow
mandatory reporting of US residence and employer information
Unemployment
Post-completion OPT is now dependent upon
employment – in order to maintain status while
on OPT – students are now limited in the amount
of time they can be unemployed.
• Student on the initial 12 month OPT period
cannot accrue more than a total of 90 days of
unemployment
• Students granted the 17-month STEM extension
cannot accrue more than a total of 120 days of
unemployment
Unemployment continued…
• Unemployment accruals begin the first day of
approved Post-completion OPT
– Note – unemployment does not accrue for those on precompletion OPT
• Future benefits may be affected should you accrue
more than 90/120 days of unemployment
– Therefore – it is strongly recommended that you thoroughly
document any period of unemployment
– It is not detailed in the regulations what is a day of
unemployment – therefore – it is suggested you only count
a typical business day and exclude weekends and holidays.
How/When to apply
What to do first…
• Review OPT application procedures on
the ISSO website –
www.clarkson.edu/isso (found under
current F1 students – employment)
• Discuss your completion plans with your
advisor and obtain a letter from your
advisor recommending OPT
Basic application materials…
Once you discuss your plans with your advisor
and have reviewed the information on the
ISSO website – gather the following materials
before you make an appointment with my
office.
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A letter from your advisor (for my office)
ISSO OPT data sheet (for my office)
Form I-765 – completed and signed (blue ink)
Two color passport photos
All issued I-20’s – passport – visa – I-94
OPT filing fee – currently $340
Please be sure you
use a valid mailing
address.
Note – you can use
my address
This is the code for
post-completion
OPT -(c)(3)(B)
STEM Ext – (c)(3)(C)
Pre-completion – (c)(3)(A)
Timing when to apply…
Timing when you apply for OPT can be a difficult challenge considering new and
updated OPT regulations. During our appointment we can get into various
timeline scenarios. However –
•
While you can apply after you graduate – please keep in mind that you cannot
begin work until you have card in hand – even if your employer makes
‘arrangements’ for you to do so. It is a very serious consequence to engage in
‘unauthorized employment’
•
Your ’14-month’ clock begins from the program end date on your I-20. This
means that you have 14 months to complete your 60 day grace period and 12
months of OPT
•
CHECK CURRENT PROCESSING TIMES – it is currently taking 2 ½ - 3 months
to process.
•
Consult my office on procedures if your application is pending more than 90
days.
Travel while on OPT
Travelling…
I have a detailed FAQ on travel on OPT –
please review.
For all intents and purposes – you are
able to travel while your application is
pending and in some cases when
approved.
You are able to travel when…
• You have submitted an OPT application
and your program has not ended
• You have a pending OPT application
• You have approved OPT and a job offer
Caution should be exercised
when…
• Your OPT application has been
approved and you do not have a job.
Resources
• ISSO website – www.clarkson.edu/isso
• Career Center – you are eligible for career
services. Please remember to review career
services from their website at
http://www.clarkson.edu/career/student_resou
rces.html
– Specifically –
• information on Knightlink (free to all students)
• EmployOn
Questions?