Transcript OPT - SUNY College of Environmental Science and Forestry

OPT: Optional Practical
Training Seminar
OPT: Optional Practical Training
Authorization for pre or post-completion employment
directly related to your program of study.
Employment is:
• Temporary
 Initial authorization up to 12 months
 It may however lead to a H-1B temporary work visa
• Optional
 Not part of a curriculum
• In major field of study (item 5 on I-20)
 Cannot be minor /previous major if different than current major
 Job offer is not necessary for employment authorization approval
• Authorized by USCIS (US Citizenship & Immigration Services)
Eligibility Requirements
• Maintaining continuous lawful F-1 status
• Employment will occur after completion of at least 1 full
academic year in status (consecutive Fall & Spring semester)
• Intend to get a job directly related to your program of study
• Have not completed a higher degree level than your current
degree level
• Have not completed more than 364 days of full-time
Curricular Practical Training (CPT) at this degree level
• Have not utilized an equivalent of 12 months of OPT work
authorization for the same degree level or higher
When Initial OPT Can Occur
Prior to Degree Completion
• Part-time or Full-time: During annual vacation
• Part-time: While school is in session
• Full-time: Coursework completed. Only thesis/dissertation
or an equivalent remains
After Degree Completion
• Full-time: All degree requirements completed
Pre-Completion OPT vs.
Post-Completion OPT
•

•

Pre-Completion OPT
Eligible for part-time employment while
school is in session
Eligible for full-time employment during
summer vacation or when only
thesis/dissertation is remaining
Not subject to unemployment
provisions; no unemployment accrual
limit
May extend I-20 program end date if
eligibility requirements are met





Cannot apply for STEM extension


Not eligible for Cap-Gap Extension

Post-Completion OPT
Eligible for full-time employment
Must maintain a minimum of part-time
employment of at least 20 hrs of
work/week (or average over 1 month)
Subject to unemployment provisions;
maximum unemployment accrual of 90
days
Cannot extend program end date; must
complete dissertation/thesis by end of OPT
authorization or change status, change
education level, transfer, or depart the US
prior to the end of the 60-day grace period
following OPT end date
Eligible to apply for STEM extension if you
meet all requirements
Eligible for Cap-Gap Extension
Duration of OPT
• 12 months of initial OPT is available per higher degree level
• Maximum initial work benefit: 12 months of employment
 Pre-completion OPT is subtracted from the 12 month initial benefit and
only the remaining benefit can be utilized after degree completion
 Pre-Completion OPT: Part-time OPT subtracted at ½ rate
 Post-Completion OPT: Part-time and full-time OPT are subtracted at fulltime rate
• Post-Completion OPT must be completed by no later than 14
months after your program end date regardless of the OPT
OPT must be
employment start date
completed by
Graduate
May 15, 2012
July 14, 2012
60 Day period to select
OPT start date
May 14, 2013
no later than
July 13, 2013
If you apply during the 60 day period following graduation, you will lose OPT time
When to Apply for OPT
USCIS application processing may take 3 months so plan
ahead and submit applications early.
Pre-Completion
Full-Time
vs. days before completion of
 During 1st year: As early
as 90
your first academic year in status
 After 1st year: As early as 90 days prior to the work
authorization date you are requesting.
Post-Completion
 As early as 90 days prior to your program completion date.
Your application must be received by USCIS by no later
than 60 days after your program end date.
OPT Request Process:
Preliminary Steps
 Undergraduate Students Only:
Obtain your Degree Audit from the Registrar’s Office
- Must indicate your upcoming degree completion.
 Obtain Your Enrollment Certification from the Registrar’s Office
- Must indicate full-time for every semester in F-1 status
 Obtain a signed Recommendation Letter on department
letterhead from your Major Professor
The letter must include the following information related to your academic program: your full
name; undergraduate or graduate status; degree level, academic program of study; whether
you have completed all degree requirements, completed all of your course work for your
degree, or still have course work remaining; if applicable, confirmation that you have
established a defense committee and defense date; your expected date of degree
completion/graduation. Please be sure to utilize the template that best reflects your OPT
request--OPT after the completion of degree; OPT after the completion of course work with
thesis/dissertation remaining; or OPT during a vacation period.
OPT Request Process:
Preliminary Steps Continued
OPT After Completion of Degree:
This letter is written to confirm that the above named student will complete/has completed all requirements for a Doctoral/Master’s/Bachelor’s
degree in student’s major/program of study at SUNY College of Environmental Science and Forestry on month/ day/ year.
OPT After Coursework Complete; Thesis/Dissertation Remaining:
This letter is written to confirm that name of student is a full-time undergraduate/graduate student in good standing at SUNY College of
Environmental Science and Forestry and has completed all course requirements for a Doctoral/Master’s/Bachelor’s degree in program of study.
S/he is currently working on her/his thesis/dissertation and is expected to complete her/his degree on month/ day/ year.
OPT During a Vacation Period:
This letter is written to confirm that name of student is a full-time undergraduate/graduate student in good standing at SUNY College of
Environmental Science and Forestry and is expected to complete all requirements for a Doctoral/Master’s/Bachelor’s degree in program of study
on month/ day/ year.
The Department of program of study recommends that s/he seek Optional Practical Training authorization in order to engage in full-time/ part-time
employment related to her/his program of study during her/his vacation period from month/ day/ year to month/ day/year. We consider such an
experience to be beneficial to her/his academic program of study.
 Obtain the Associate Provost for Instruction’s signature on the
Recommendation Letter (227 Bray Hall)
I have reviewed the advisor recommendation above and verify the accuracy of the aforementioned student’s academic program details. I agree
that this student should seek Optional Practical Training authorization. Thank you for your assistance in issuing an I-20 that recommends Optional
Practical Training.
OPT Request Process:
Make an appointment with the Coordinator of Int’l Ed
and bring the following:
• Signed OPT Recommendation Letter on department letterhead
• Enrollment Certification Full-Time vs.
• $380 Check/Money Order payable to the “US Department
of Homeland Security"
- On the “For” line, note “OPT: First and Last Name (I-94 #)”
OPT: Lisa Simpson (12245678900)
• Two identical passport photos taken within the last 30 days
- Write your I-94 number & name on the back of the photos
• Photocopy of health insurance card/plan with MedEx
- If your plan does not include MedEx (e.g., GSEU), you may purchase a
supplemental MedEx plan for $6.25/month from the Cashier’s Office.
OPT Request Process:
• OPT Request Form
Full-Time vs.
Requested Initial Employment Start Date
For post-completion OPT: Any date within 60 days of your program completion date
- If your OPT is not approved by the start date you requested, USCIS will adjust your OPT start
and end date in order to give you the maximum OPT benefit that you are entitled to.
Initial OPT Requested Employment End Date
No later than 12 months from your start date (minus any pre-completion OPT time) and within
the 14 months from your program end date
OPT Request Process Continued
• OPT Student Responsibility Checklist
OPT Request Process Continued
• Original & photocopy of all I-20’s (p. 1 & 3 only)
• Original & clear photocopy of your passport identity page
and expiration date page (if different)
• Original & clear photocopy of your I-94 card front and back
• Original & clear photocopy of your visa
• If applicable, clear copy of previously issued EAD card(s)
- e.g. previous OPT, economic hardship employment during your current F-1 status
•
G-1145, E-Notification of Application/Petition Acceptance
- If you wish to be notified (email or text) that USCIS has received your application
OPT Request Process Continued
• Form I-765, Application for Employment Authorization
- Type information into the form and sign in blue ink
Item 3: US Address
- Mailbox must be serviceable; USCIS does not forward mail.
Item 11: Previous Employment Authorization
CPT doesn’t apply since it is not authorized
by USCIS
Item 16: Eligibility Category
For Pre-Completion OPT: (c)(3)(A)
For Post-Completion OPT: (c)(3)(B)
For 17-Month STEM OPT Extension: (c)(3)(C)
OPT Request Process Continued
You are responsible for mailing your completed application to
the appropriate USICS Lockbox or Service Center.
- Application must be received within 30 days of the date the OPT I-20 was issued.
Full-Time vs.
It is recommended that applications be sent by certified mail with a return
receipt so that you can track the delivery of your application to USCIS.
If, after applying for OPT, you learn
that you have to take another class…
Your OPT is based on your having completed your degree
(undergraduate students) or at least your coursework (graduate
students). If you learn that you must take an additional course in
order to graduate, then you must:
Full-Time
Make an appointment to meet
withvs.the Coordinator of Intl Ed
• If USCIS has not yet processed your OPT application, request a
withdrawal. If successful, you can reapply for OPT with a later start
date. There is no guarantee USCIS will honor your request.
• If USCIS has already approved your OPT, then you cannot withdraw your
application. You may only work 20 hours or less on your OPT until
you have completed your required course. You must complete an I-20
extension request so that your program end date can be extended.
Students in STEM fields cannot apply for a STEM extension unless they have
earned their degrees.
Canceling or Withdrawing your
OPT Request
Prior to mailing application:
Submit a cancelation of OPT request letter to OIE; a new I-20 will be
issued to you.
After mailing application but before adjudication:
Schedule an appointment with Full-Time
the Coordinator
of Int’l Ed; bring you original
vs.
withdrawal request and a copy of your withdrawal request.
The cancelation and withdrawal request should contain:
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



Subject line of "Re: I-765 Withdrawal"
Biographical info including your: full name, date of birth, and SEVIS ID number
The receipt number for the I-765 application (Form I-797) and a copy of it
A request that the Form I-765 application for OPT be withdrawn
Your signature
There is no guarantee that your request will be honored.
The Receipt Notice & Checking the
Status of your Application
USCIS will send a Receipt Notice (Form I-797) to the
address indicated on the I-765 within 3 weeks of
receiving your application.
• Check the information on the notice to ensure that it is correct
Full-Time vs.
Checking the Status of your Application:
• Access the USCIS Case Status Search Page
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
• Enter your “EAC, WAC, LIN or SRC Application Receipt Number”
e.g.: EAC 0123456789
It will inform you if your application is in process, if they have
requested further information, or if it has been approved or mailed.
I-765 Pending More Than 90 Days
If your application is still pending 90 days from the received date on
your receipt notice, either:
• Call the National Customer Service Center at 1-800-375-5283
to request a referral to the Service Center and an expedite.
Full-Time vs.
- Note the day and time of the
call, the Officer's name and the referral ID
number. The Service Center should respond within five business days.
• Make an appointment with Info Pass.
- Indicate that “It has been more than 90 days since you filed an I-765
and you did not receive an Employment Authorization Card.”
If no response is given within 5 business days, email [email protected]
with: your full name, date of birth, citizenship, USCIS receipt number (starting
with EAC.), USCIS receipt notice date, date and time you contacted USCIS to
request expeditious handling, and the name and referral ID number of the
officer with whom you spoke (if you called).
EAD: Employment Authorization
Document
USCIS work authorization is issued in the form of
An Employment Authorization Document (EAD).
Full-Time vs.
It indicates the period an authorized F-1 student is eligible to work in
the United States.
Work Authorization
You may have multiple jobs and change jobs as long as each
job is directly related to your major area of study and you
report changes in employment
to OIE.
Full-Time vs.
If you lose your EAD card:
You may continue working with your same employer as long as it
is still within the authorization period.
If you plan to change employers or travel, you must obtain a
new EAD card by submitting a new application and fee to USCIS.
Maintaining Status on OPT
In order to begin working:
You must have received your EAD card; AND
It must be the day of or any day after the EAD start date within
the work authorization period
Full-Time vs.
Employment is required to maintain F-1 status while on
OPT.
- Must report employer contact information to OIE within 10 days
of starting, changing, and ending employment via email
- Cannot accumulate more than 90 days (aggregate)
of unemployment during initial OPT authorization period.
Acceptable Employment During
Initial OPT Authorization
Regular Paid Employment
Directly related major and at least 20 hrs/wk
Payment by Multiple Short-Term Multiple Employers
Obtain offer letter and maintain a list of all short-term employment including the employer’s
contact information and the dates and duration of employment.
Work for Hire (1099 employment)
Full-Time
vs.
An individual performs a service based
on a contractual
relationship rather than an
employment relationship. Must be prepared to provide evidence showing the duration of the
contract periods and the name and address of the contracting company.
Self-Employed Business Owner
Students on OPT may start a business and be self-employed. Must work full-time and be
able to prove you have the proper business licenses and that work is degree-related.
Employment through an Agency
Students on post-completion OPT must be able to provide evidence showing they worked an
average of at least 20 hours per week while employed by the agency.
Volunteers or Unpaid Interns
Students may work as volunteers or unpaid interns, where this does not violate any labor
laws. The work must be at least 20 hours per week for students on post-completion OPT.
These students must be able to provide evidence from the employer that the student worked
at least 20 hours per week during the period of employment.
Health Insurance While on OPT
SUNY-ESF OPT participants are able to continue their health insurance
with the SUNY International Health Insurance Program (HTH). Eligible
dependents of OPT participants may enroll via the standard dependentenrollment process by completing the dependent enrollment form and
rendering payment in form of check or money order directly to the insurance
carrier as stipulated on the enrollment form.
Enroll at the Cashiers Office (102 Bray Hall)- $92.50/month
The Policy Certificate is online at:
http://www.haylor-college.com/studentpages/pdfs/USAstudents/11-12SUNYIBOPTCERT.pdf
Coverage Periods
Your coverage start date must be the day after your current insurance
coverage ends; you must renew your insurance with no gaps between
coverage periods until you no longer need the insurance or your OPT period
ends.
Responsibilities While Authorized
for OPT
• Submit copy of EAD to the Office of Int’l Ed
- E-mail Scanned Copy to: [email protected]
• Obtain a job in your major field of study.
Full-Time vs.
• Work only within the authorized work period.
• Report all employers, any changes of name, address, email
address, and interruptions of employment within 10 days of
change to OIE via email.
• If traveling, obtain advisor’s signature no older than 6 months
from the day you plan to re-enter the U.S.
• OPT is terminated if your SEVIS record is transferred to
another institution to begin a new program of study.
Travel While Authorized for OPT
Pre-Completion OPT
• Travel & entry requirements not impacted by OPT
Post-Completion OPT
• While OPT is approved:
-
Full-Time vs.
I-20 endorsed for OPT
Valid Visa
EAD card
Valid Passport
Job offer letter
I-94 Card
Travel signature (only 6 month validity while on OPT)
• While OPT is pending: Travel is not recommended. If you disregard this advice:
- Documents listed above
- Application receipt in place of EAD
Cap Gap Relief
Students from any degree field can benefit from this provision
intended to eliminate the Cap-Gap (time between end of F-1 status and
start of H-1b).
Duration of status and, if applicable, work authorization is extended for
F-1 students on OPT whose employer has:
• Filed a timely H-1B petition requesting a change of status; and
- A change of status in lieu of consular notification can currently be requested.
• Requested a start date of October 1 of the next fiscal year
If an H-1b petition is pending beyond 10/1, a student may
remain in the US but must stop working until the H-1b is
approved.
Extension of status and work authorization are automatically
terminated upon rejection, denial, or revocation of H-1b
petition. The 60 day grace period begins immediately following
such an action.
Requesting a Cap Gap I-20
Students are responsible for remaining in contact with the petitioning
employer to obtain updates on the status of the H-1b Petition.
Students are also responsible for requesting a Cap Gap I-20.
Email scanned copies of the documents below to [email protected] with the
subject: “Attn: Cap-Gap Relief I-20 Request”:
• Your H1B approval notice (if you have not received the approval notice then
send the receipt notice)
• Your EAD which shows OPT end date prior to October 1
• Your University ID card/ number
• Mailing address (and credit card details if requesting express mailing)
OIE will request a SEVIS datafix and issue a new I-20; this may take
up to 1 month. Your status and work authorization will remain valid
while the request is pending.
STEM 17 Month OPT Extension
Some students may be eligible for a one-time 17 month OPT
extension if all filing criteria are met.
Student Requirements:
• Completed a BS, MS, PhD in qualifying STEM program
- ESF Majors: 14.xxxx; 26.xxxx; 40.xxxx
- Catch-all categories (e.g., Engineering, other) with CIP codes that end in .xx99 not eligible
- ESF Majors: Env. Forest Biology; Paper & Bioprocess Engineering; Env. & Forest Chemistry
• Currently engaging in Post-Completion OPT
• Have job/ job offer with E-Verify employer
• Have maintained continuous, valid F-1 status
- Including reporting all changes of personal and employment info
• Have not accumulated more than 90 days of unemployment
• Have not previously received a STEM extension
• Submit a timely STEM extension application
- Prior to EAD expiration: Preferably 120-90 days before OPT end date
STEM Eligibility Requirements
Continued
Employer Requirements
• Must be currently registered and in good standing with the USCIS EVerify program
- Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS)
in partnership with the Social Security Administration (SSA)--currently free to
employers and available in all 50 states.
-
As a participant in E-Verify, employers are required to verify all newly hired employees,
both U.S. citizens and non-citizens.
• Employer must provide E-Verify Company/Client Identification Number to
applicant as it must be entered onto the I-765 application form
• Employer must agree to report termination or departure of STEM
applicant employee to the Office of Intl Ed via email/ mail
Requesting a STEM I-20
If you are not working in the Syracuse-area, submit scanned copies of
the documents below via email to [email protected] with “Attn: STEM
Extension Application” as the email subject. A new I-20 for the STEM
extension will be issued and mailed to you.
• Official transcripts or copy of your diploma if it indicates the program of study
• Current EAD card (front & back) and any previously issued EAD cards
related to your current status
• Passport
• Visa
• I-94 card (front & back)
• Recommended, But Not Required: Statement from your employer indicating
how your employment relates to the STEM field indicated on your I-20
Requesting a STEM I-20 Continued
• G-1145, E-Notification of Application/Petition Acceptance
• Form I-765, Application for Employment Authorization
- Type information into the form and sign in blue ink
Item 16: Eligibility Category
c
3
E-Verify Employer Info
C
Consult with employer for: Employer Name
and Identification Number
Requesting a STEM I-20
• STEM Extension Request Form with Student Responsibilities Checklist
While on OPT (initial, STEM extension, and during cap-gap relief extension), you are still in F-1 status. Accordingly, you must continue to
abide by the rules and regulations governing your visa status and report required information to the Office of International Education. Please
carefully read the statements below and place a check mark in the box next to each statement. Sign at the bottom of the page. Your check
marks and signature indicate your understanding and agreement to abide by the statements made.
STEM Optional Practical Training Extension (including cap-gap relief if applicable)
I understand that my passport must be valid at the time of applying for a STEM extension and it is my responsibility to maintain passport
validity throughout the duration of my OPT authorization.
I understand that a 17 month STEM OPT extension will be recommended by the Office of International Education on a new I-20 and
acknowledge that this does not ensure STEM extension approval.
I understand that I must meet all extension requirements including being employed with an employer who is part of the E-verify program in
order to be granted a 17 month STEM extension.
I understand that the USCIS may refuse to grant a STEM extension if I do not submit all of the required application materials.
I understand that my STEM extension materials must be timely filed and received by the USCIS Service Center with jurisdiction over my
current place of residence prior to my initial OPT EAD authorization end date in order to be eligible for the automatic extension of status
and work authorization until a final decision on the I-765 or for 180 days (whichever comes first).
I understand that USCIS and SEVP advise against changing employers while the I-765 is pending, since the I-765 names a specific
employer and that I should consult with an attorney regarding the effect of changing to an employer that is not the employer named on the
I-765 while my I-765 is still pending.
STEM Application Materials
Compile all of the application materials:
• $380 check/money order payable to: “ US Department of Homeland Security"
• Two passport photos taken within the past 30 days;
• G-1145, E-Notification of Application/Petition Acceptance (optional)
• Completed and signed Form I-765 (original);
• Official transcripts or copy of your diploma if it indicates the program of study;
• One clear photocopy of your current EAD card (front & back) and any
previously issued EAD cards related to your current status;
• One clear photocopy of your new SEVIS I-20 (with recommended OPT
Extension dates- see p. 3 of I-20);
• Clear photocopies of all of your previous SEVIS I-20's (pp.1&3’s);
• One clear photocopy of your visa;
• One clear photocopy of your passport (bio info & expiration page);
• One clear photocopy of the front and the back of your I-94 card; and
Recommended, But Not Required: Statement from your employer indicating
how your employment relates to the STEM field indicated on your I-20
STEM Application Materials
Compile all of the application materials:
• $380 check/money order payable to: “ US Department of Homeland Security"
• Two passport photos taken within the past 30 days;
• G-1145, E-Notification of Application/Petition Acceptance (optional)
• Completed and signed Form I-765 (original);
• Official transcripts or copy of your diploma if it indicates the program of study;
• One clear photocopy of your current EAD card (front & back) and any
previously issued EAD cards related to your current status;
• One clear photocopy of your new SEVIS I-20 (with recommended OPT
Extension dates- see p. 3 of I-20);
• Clear photocopies of all of your previous SEVIS I-20's (pp.1&3’s);
• One clear photocopy of your visa;
• One clear photocopy of your passport (bio info & expiration page);
• One clear photocopy of the front and the back of your I-94 card; and
Recommended, But Not Required: Statement from your employer indicating
how your employment relates to the STEM field indicated on your I-20
Submitting the STEM Application
You are responsible for mailing your completed application to
the appropriate USICS Lockbox or Service Center.
Submit a copy of your new EAD card [email protected] with “Attn:
STEM EAD Card” as the email subject.
Maintaining F-1 Status While on
STEM Extension
• Cannot accrue a total of 120 days of unemployment over the
29 month OPT period
• Reporting Requirements: Stem Extension- Cap Gap Relief
- Report the following within 10 days of the change: legal name, residential
or mailing address, email address, employer name, employer address
- Must report above info to OIE every 6 months even if there
is no change
• Automatic extension of status and work authorization up to 180
days while a timely filed STEM extension OPT application is
pending
• Can still benefit from the cap-gap provision
I-9, Social Security, & Taxes
•
I-9: All employees in the U.S. must complete Employment Eligibility Verification I-9
Forms with their employers within 3 days of starting employment.
•
Social Security: Employment in the U.S. requires a Social Security Number
(SSN). If you do not have an SSN, you must have the SSN memo completed for
you (by employer and SCIS) and apply for a SSN
Full-Time vs.
•
Taxes:
Social Security and Medicare Taxes
Typically, non-resident F-1 students with authorized CPT or OPT are exempt
from Social Security (F.I.C.A) and Medicare taxes as long as you continue to
declare non-resident status for tax purposes.
Federal, State, and Local Taxes
Federal, state, and local taxes will be withheld from your paycheck by employers
unless you qualify for a tax treaty exemption.
(More information also available at the IRS website)
Questions?
Additional Information online at:
http://www.esf.edu/international/OPT.htm and
http://www.esf.edu/international/STEM.htm