Optional Practical Training: Work Opportunity for Students in the US and how to acquire it
OPT is a temporary job opportunity for international students studying in the U.S. on an F1 visa. It can last for 12 months and can be taken before or after completing your degree, but any work done before completing your studies will reduce the total 12-month period available post-graduation.
What is the eligibility for obtaining an OPT?
Any F1 student with a valid F1-student status pursuing a degree for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) will be eligible to obtain up to 12 months of OPT work authorization.
The student must fulfil these conditions to be eligible for obtaining an OPT:
Maintain a valid F1 status at the time of application.
Be enrolled on a full-time course in the US that lasts for a minimum of one academic year.
Be physically present in the United States when the student submits the application by mail or online.
How to be eligible for F1 status as a non-citizen student?
For obtaining a F1 status:
You must hold the qualification to pursue a complete course of study.
You must enter the U.S temporarily solely to pursue a full-time course of study (for at least one academic year) at an institution that has received certification from the US Immigration and Customs Enforcement (ICE) and Student Exchange Visitor Program (SEVP)to admit non-immigrant students.
You must hold a foreign residence with no intention of abandoning it.
You should hold a certificate of eligibility for Non-immigrant student status (Form I-20) issued by your DSO (designated school official).
You should hold sufficient funds to support yourself during the course.
You need to provide proof that you have paid the SEVIS fee on payment of Fee Remittance for F, J and M non-immigrants if applicable (form I-901).
What are the types of OPT?
You are eligible to receive OPT authorization only in your major study course.
As an F1 student, you will be eligible for three types of OPT:
Once you have been lawfully admitted to a full-time academic course (a minimum of 1-year course) at a university, college, seminary or conservatory certified by the US Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) for enrollment in F1 students, you can apply for pre-completion OPT.
Even if you have not had the F1 status for the full academic year, you can fulfil this requirement with any other non-immigrant status you may have held during your academic period. Once you receive the pre-completion OPT authorization, you can work 20 hours a week when your school is in session and full-time when your school is not in session.
You can apply for post-completion OPT only after completing your degree. You can work part-time (20 hours per week) or full-time if you are permitted for the same.
If you have graduated in a STEM field (Science, Technology, Engineering, Mathematics), you are eligible to apply for a 24-month extension of your post-completion OPT employment period. You need to fulfil these conditions to apply for the same:
You are an F1 student who has received a STEM degree included on the STEM Designated Degree Program List (PDF).
You are under an employer who is enrolled in and using E-Verify.
You have already received a post-completion OPT employment authorization based on your STEM degree.
You need to request the DSO (Designated School Official) of your academic institution to recommend you for OPT. By endorsing your form I-20, Certification of Eligibility for Non-Immigrant Student Status and making the suitable notation in the Student and Exchange Visitor Information System (SEVIS), your DSO can make the required recommendation for your OPT.
Properly file the Form I-765 application for employment authorization with USCIS. You can provide this form along with the prescribed fee and supporting documents mentioned clearly in the instruction form.
What are the timing considerations to obtain OPT?
There are different timelines to consider while applying for the multiple types of OPT, depending on whether you are a STEM student or a non-STEM student.
1. For pre-completion OPT
Apply after your DSO enters your OPT recommendation into the SEVIS record.
You can apply up to 90 days before completing a full academic year, only if you do not start your OPT employment before you complete a full academic year.
2. For initial post-completion OPT
After your DSO enters your OPT recommendation into the SEVIS record, apply within a period of thirty days.
You may also apply up to ninety days before your degree is complete and within a maximum of sixty days after completion of the degree.
3. For STEM OPT extension
Apply within sixty days after your DSO enters your OPT recommendation into the SEVIS record.
You may also apply up to ninety days before the expiry date of your OPT employment authorization.
1. For pre-completion OPT
After your DSO registers your OPT recommendation into the SEVIS record, you can apply for it.
If you do not start your OPT employment before you complete a full academic year, you can apply up to 90 days before completing a full academic year.
2. For post-completion OPT
After your DSO enters your OPT recommendation into the SEVIS record, apply within a period of thirty days.
You may also apply up to ninety days before your degree is complete and within a maximum of sixty days after completion of your degree.
Some other important points to keep in mind:
Transferring to a different school or beginning study at a different educational level
If you either transfer to another institution or begin your study at another educational level. For instance, your OTP authorization will be terminated automatically if you started your master’s degree after completing your bachelor’s degree.
Eligibility for CAP-GAP extension
If you are an F1 student who has filed on time an H-1 B petition and a request for a change of status, and your F1 status and OTP authorization expires before the change of status to H-1B occurs, you will be eligible for a CAP GAP Extension.
Non-STEM post-completion OPT students can accrue a maximum of 90 days of unemployment cumulatively.
STEM post-completion OPT students can accrue a maximum of 150 days of unemployment cumulatively
Volunteer work and unpaid internships in OPT
For the initial 12-month post-completion OPT period, you can report even volunteering and unpaid internship work in SEVIS as valid OPT employment. The volunteering or training opportunity has to comply with all the state labour laws and applicable federal laws. The Department of Labour website contains a set of criteria and resources to evaluate what constitutes valid employment (if the unpaid internship or volunteer activity is legitimate).
Applying for Optional Practical Training (OPT) is a brilliant way for students to enhance their practical skills and knowledge, and prepare themselves for the professional world. It provides a huge competitive edge over any other student who has not received the same. With proper planning and applying at the right time, you can successfully apply for OPT.
