Optional Practical Training (OPT)

At a Glance

Optional Practical Training (OPT) is an employment opportunity available to degree-seeking F-1 international students who have been lawfully enrolled on a full-time basis for one full academic year.  

 

Key Aspects of OPT: 




Eligibility


Eligibility is for up to 12 months in the 14 month period after graduation

How to Apply

STEP I: Make an appointment in person or over email to talk to an International Student Advisor/Center for Global Engagement regarding your OPT application.  At this appointment, please provide the following.

**** DO NOT SUBMIT AND PAY ONLINE APPLICATION FEE UNTIL YOU GET YOUR NEW I-20 WITH THE OPT RECOMMENDATION 


STEP IIMeet with the Center for Global Engagement:


Step III: Begin completing form I-765 from the USCIS website: Forms Available to File Online | USCIS


STEP IV: Submit copy of Employment Authorization Document (EAD) when it comes in the mail to DSO.

Applications for Employment Authorization Documents (EAD) take 60 to 90 days to be processed. Students will need to apply well ahead of their anticipated start dates of employment. Students must apply within 90 days of graduation and within 60 days after graduation. Students cannot begin work until they have obtained the EAD from the Immigration Service.

Resources

Handout documenting the application process is found here.

Email kirsten.sheppard@maryvillecollege.edu   if you are interested in completing an OPT application. 

I applied!  Now What?

Attention: USCIS is currently taking over 90 days to process OPT applications.. The Center for Global Engagement has no influence over how quickly your OPT application is processed.

 

What’s Next? Steps to Minimize Complications

 

When You Receive Form I-797 Receipt Notice in the Mail

 

*note that you are also required to notify the CGE in writing within 10 days of an address change

 

Checking your Case Status:  https://youtu.be/samKy6UBf88

You will find your receipt number, located at the top left corner. This receipt number can be used to track the status of your case using the USCIS case status online tool

To learn how to effectively track the status of your case with this receipt number, watch this video linked above where we discuss the 4 best ways of tracking the status of your case with USCIS.

 

When Case Status Online Reflects “Approved”

 

 

Insurance Requirement

·         While you are on OPT you are required to maintain international student insurance.  Post-graduation, you may choose to extend your current insurance plan, or find your own plan.  One of the disadvantages in the United States to changing your plan is that anything that has previously been covered in the US may now be considered a pre-existing condition. Please discuss this with an international student advisor.

 

When You Receive the I-797 Approval Notice and EAD

 

Create an Account on the Student and Exchange Visitor (SEVP) Portal (if you did not apply online)

 

For example, if you obtained a Bachelor's degree in Computer Science, you can say "I work full time as a Computer Scientist at XYZ Limited. In my job, I develop software systems used in video gaming architecture. This job requires me to apply my understanding of software development, which was the foundation of my Computer Science degree obtained from Maryville College".

 

Keep in mind that whenever there are changes to your OPT employment in the future - such as the loss/gain of employment, change in your US address, or in your immigration status - you are expected to report these changes through your SEVP Portal account within 10 calendar days. 

 

When You Get a Job Offer

 

Beginning Work

Note: You may not begin work until:

 

Exceptions and Problems

 

If You Change Your Mind about Applying for OPT

If for any reason you decide you do not want OPT, you must take immediate action to prevent your I-765 application from being adjudicated by USCIS (i.e. approved or denied).

 

If You Do Not Receive Receipt Notice within 4 Weeks

There are a few possible reasons your Receipt Notice has not arrived:

 

To try and recover your receipt notice after you have waited four weeks, start with these steps:

 

·       Contact Kirsten.sheppard@mayrvillecollege.edu in the following circumstances:

 

 

If You Receive Notice from USCIS that Something Is Wrong

If any of the following happen, call or email International Center immediately for advice:

 

Either of the above are an indication that something is seriously wrong with your OPT application. No progress will be made on your application until USCIS receives the necessary documentation from you.

 

The allowable time period to respond to an RFE or rejected application is limited and will be indicated on the materials from USCIS. If you fail to respond by the deadline, your application will be denied.

 

If Your Application is Denied

If your I-765 is denied, the duration of your legal F-1 status reverts to being defined as the lasting through the I-20 end date plus 60 days grace period

The chances for successfully appealing an I-765 denial are low. If you believe you were denied in error, contact the CIE or private immigration attorney at once.

 

If Your EAD Does Not Arrive

USCIS will send the EAD using regular, first class mail. From the time Case Status Online indicates your request was approved, you should expect to wait a week or more for delivery of the EAD.

If you suspect a problem in the delivery of your EAD:

If your EAD was returned undeliverable or lost in the mail, you can expect significant delay in obtaining the card. If you have a job offer, you may wish to contact your employer to make arrangements for delaying your start date. Remember, you may not work until you have the EAD in hand, even if the Case Status Online shows your case was approved.

 

If There is a Mistake on Your EAD

If there is any problem on your EAD, email a scanned copy of the card with a description of the exact problem (name misspelled, wrong dates, etc.) to Kirsten.sheppard@maryvillecollege.edu.  The CGE will respond with advice.

 

Remember, the dates on the card determine when you are authorized to work, even if they are not the dates for which you intended to apply.

 

If for any reason USCIS approves the I-765 after the OPT start date you requested, the start date will be set as the date the application was approved. USCIS will not adjust the end date; therefore, your OPT period will be less than 12 months. This is unfortunate, but not a mistake. There is no remedy possible in this situation.

 

 

Social Security Number

If you do not yet have a Social Security Number (SSN), you will be required to have one for tax reporting purposes. You may receive your SSN after you have received the EAD card.

If you already have a SSN, do not apply for a new one. Social Security Numbers are for life.

You do not need your SSN to begin working. On your first day of employment, you will be asked to complete employment paperwork. If you do not yet have your SSN, you may write “applied for” in the space where the SSN is to be provided. Once you receive the Social Security Card in the mail, provide the number to your employer.  HOWEVER, your EMPLOYER may require you to have a SSN before beginning work. 

 

Travel Outside the U.S. and Reentry

 

·   You are allowed to remain in the US while your OPT application is pending a decision from USCIS.

·        

·       If your OPT is not approved, The official guidance from USCIS is that you should ideally not travel while you are waiting for your EAD,.  In cases of emergency, the recommendation from Customs and Border Protection (i.e. the border officers) is that students should carry the Receipt Notice itself for re-entry while the OPT is pending.  If your situation requires you to travel and attempt re-entry without a Receipt Notice, we recommend carrying a print-out from USCIS Case Status online showing the status of your case.  Note that while it is possible, we have seen many cases of students being denied re-entry during this time, and CGE’s recommendation is that you do not travel.  You should also travel with the below documents.

 

If your post-completion OPT has been approved (EAD card has been issued by USCIS) and you have a job or a job offer, you may leave and re-enter the U.S. in order to begin or resume employment. 

After USCIS has issued an EAD card for post-completion OPT, in order to have the best chance of re-entering the U.S. without problems, you should be sure you have the following documents:

* Regulations state that during post-completion OPT, the travel signature should be no older than six months. The CIE recommends while on post-completion OPT that you get a valid travel signature every six months. Source: 8CFR214.2(f)(13)(ii)

 

Summary:

Students who have an EAD card for post-completion OPT and evidence of either a job or a job offer are allowed to leave and re-enter the U.S. during their OPT period. Of course, re-entry to the U.S. is never guaranteed.

Students whose EAD card has not yet been issued (OPT application has not yet been approved by USCIS) are allowed to re-enter the U.S. to resume the search for employment, however it is not recommended. While your OPT application is pending, you are not required to have a job or a job offer for re-entry to the U.S. This is the trickiest scenario, and CGE’s recommendation is not to travel because the point of entry personnel are not consistent in application of this policy.

If a student who has an EAD card but does not have a job or a job offer leaves the US during the post-completion OPT period, OPT ends. Border officials might not allow someone in this situation to re-enter the U.S. Thus, students who do not have a U.S. job or a U.S. job offer but who plan to leave and re-enter the U.S. after their EAD card has been issued (their OPT has been approved by USCIS) are taking a risk.

For more information, see U.S. Department of Homeland Security FAQ for Travel.


How do I maintain my status while on OPT?

EAD

1. Keep a valid Employment Authorization Document (EAD)
Students must have the EAD card in hand and the start date on EAD has arrived before employment can begin. Email a scanned copy of EAD card to the CGE.


REPORTING

Report OPT Information to the CGE
Students continue to be sponsored by Maryville College while they are engaged in post-completion OPT and OPT STEM. All F-1 students on post-completion OPT are required to report the following information within 10 days of any new job or interruption of employment through the SEVP STUDENT PORTAL (you should receive an email from SEVP directly to access the portal):

·       Legal/passport name

·       Physical address, e-mail, and U.S. phone number

·       Employer name/address

·       Dates on EAD card

·       Description of how your job is related to your degree,

·       Average number of hours/week

·       Any interruption of employment/ending a job

·       Accruing more than 90 days of unemployment

 

IMPORTANT: You must meet these OPT reporting requirements in order to keep your F-1 status and OPT active. 

 

For students on OPT STEM Extension, even if there are no changes, you are required to resubmit your existing employment and personal information every 6 months starting from the date the extension starts. When you are on OPT STEM Extension, if your employment is terminated for any reason prior to the end date of your OPT STEM Extension, your employer is also required to provide the following information to the CGE via EMAIL within 48 hours of the event: student's name, SEVIS ID number (if available), and the start/end dates of the OPT employment.

If there is a question about whether the employment is directly related to students’ field of study, the student will need to get an advisor letter stating that the work is “directly related to the field of study and commensurate with the level of education.”  (in other words, meets USCIS requirements for work during the OPT period)

How to Report

To report a change of address or employment you can do this in your SEVIS Portal (you will get info about this when your OPT is approved) or email kirsten.sheppard@maryvillecollege.edu

TRAVEL AUTHORIZATION

 

·   Have your I-20 signed by the CGE every six months.


·       Travel While on OPT/OPT Extension
Each travel signature on your I-20 is only valid for 6 months. Here are the required documents to re-enter the U.S. if you have applied for post-completion OPT, and your program end date on your I-20 has arrived:

                                                  i.      before your OPT is approved: OPT I-20 with a valid travel signature; a valid passport and valid F-1 visa; OPT application receipt notice; proof of financial support; a job offer letter (strongly recommended)

                                                 ii.       after your OPT has been approved: OPT I-20 with a valid travel signature; a valid passport and valid F-1 visa; a valid EAD card; proof of financial support; a job offer letter or an employment verification letter.

                                              iii.      Please consult with the CGE if you have questions.


ACCRUING UNEMPLOYMENT TIME


8 CFR 214.2(f)(10)(ii)(E) states that "during post-completion OPT, F-1 status is dependent upon employment," and sets an aggregate limit on days of "unemployment" that can be accrued while on post-completion OPT.  During standard post-completion OPT, a student may not be unemployed for an aggregate of more than 90 days.

You need at least 20 hours per week in a qualifying position.

For standard post-completion, SEVP OPT Policy Guidance 7.1.5 states:

"A student must work at least 20 hours per week in a qualifying position to be considered employed. If a student has a variable schedule, within a month, it should average out to at least 20 hours per week."

USICIS keeps track of your unemployment days based off of the OPT update forms you submit.  If you fail to submit updates or if you accrue more than 90 days of unemployment, the SEVIS system will terminate your F-1 record, which will end your OPT and your legal presence in the U.S.


DEPARTURE/GRACE PERIOD


F-1 regulations allow students to remain in the U.S. for 60 days after the expiration date of the EAD. During the departure/grace period, you cannot be employed. If you travel out of the U.S., you may not return in F-1 OPT status.


TRANSFER/BEGIN A NEW ACADEMIC PROGRAM AT ANOTHER U.S. SCHOOL


If you start a new academic program at another U.S. school, your SEVIS record must be transferred from Maryville College to the new school. Notify the CGE if you plan to transfer so we can release your SEVIS record. Once you transfer out of Maryville College, your current I-20, EAD, and related work permission are no longer valid.


CHANGE OF STATUS


If you change your status, provide evidence (e.g. approval notice, I-94 card, entry stamp, green card) of the new status to CGE so that we can clean up your F-1 SEVIS record appropriately. If you leave the country before your period of OPT authorization has completed, please provide documentation of your departure so CGE can update your SEVIS record appropriately. Your I-20 and OPT EAD will no longer be valid.

ACCEPTABLE EMPLOYMENT

The Department of Homeland Security requires students to report to their schools all periods of employment and unemployment while authorized for OPT. DHS has ruled that acceptable employment during OPT can include standard employment, contract employment, self-employment and volunteer positions. All employment must be appropriate to your degree and average at least 20 hours per week. Please refer to the following chart for more details.

Type of Employment

Instructions

Single Employer

Provide the employment dates and your employer's name and address.

None - Actively Seeking Employment

If you have been unemployed for more than 10 days since your OPT start date, indicate those dates. To remain in the U.S., you must be actively looking for relevant employment. In order to maintain your visa status, you must limit unemployment while on OPT to a total of 90 days or 120 days if you have been approved for the 17-month OPT extension.

Work for Hire (contract employment)

Provide the employment dates and your employer's name and address. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week.

Unpaid Volunteer or Intern

Provide the employment dates and your employer's name and address. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week and that the work was related to your OPT degree. This option is not available to students in the 17-month OPT extension period.

Self-Employed U.S. Business Owner

List your company's name or print "Self-Employed" and the business address. This location may be the same as your personal address, if appropriate. If requested by DHS, you must be able to provide evidence that you have proper business licenses, the business is related to your major and that the business keeps you full-time employed.  If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week. 

Note

 It is essential that you keep documentation (e.g. employment letters, contracts, timesheets, pay stubs, etc.) of all of your employment while on OPT. Such documentation should include the position held, proof of the duration of that position, contact information for your supervisor and a description of the work. If it is not clear from the job description that the work is related to your field of study, then you should obtain a letter from your advisor stating how your degree relates to the position.

UNEMPLOYMENT LIMITS

Students in Initial OPT Period – Maximum of 90 days allowed during the 12-month OPT period.

Students With an OPT STEM Extension – An additional 30 days applies, for a maximum of 120 days allowed during the 27-month OPT period.

NOTE: The Student and Exchange Visitor Program (SEVP) has issued contradictory information regarding whether unemployment periods of less than 10 days count, or do not count, towards the 90 day unemployment deadline. However, it is crucial that you report all periods of employment to avoid unnecessary accrual of unemployment days.

STEM Extension

https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-extension-for-stem-students-stem-opt

 

Applications for Employment Authorization Documents (EAD) take 60 to 90 days to be processed. A student meeting the eligibility requirement may file for a 24-month extension of employment authorization by filing Form I-765, Application for Employment Authorization, with the appropriate fee, prior to the expiration date of the student's current OPT employment authorization. An F-1 student who has properly filed Form I-765 prior to the end date of his or her post completion OPT is allowed to maintain continuous employment for up to 180 days while USCIS adjudicates the request for the extension.

 

ELIGIBILITY CRITERIA

 

Please Note: All five of the above criteria must be met in order for a student to be eligible for STEM OPT.

 

**E-Verify is a database system operated by the Department of Homeland Security in partnership with the Social Security Administration. It allows participating employers to electronically verify the employment eligibility of newly hired employees. E-Verify is currently voluntary in most states. For more information visit https://www.e-verify.gov/.


MORE INFORMATION

Insurance Coverage Requirement

While you are on OPT you are required to maintain international student insurance.  Post-graduation, you may choose to extend your current insurance plan, or find your own plan.  One of the disadvantages in the United States to changing your plan is that anything that has previously been covered in the US may now be considered a pre-existing condition. 

 


Finding an alternative health insurance Coverage:

While we are not able to make a specific recommendation to you that fit your specific circumstances, we have asked our insurance management company (broker) to provide some examples of plans that offer coverage for pre-existing conditions.  Below are a few that they highlight.  You can also visit https://www.internationalstudentinsurance.com/explained/finding-international-student-health-insurance.php for additional information and recommendations:

 

·       ISI Protect plan offers coverage for pre-existing conditions after a 3-month waiting period on the First Class level and you can get a quote and apply online for the ISI Protect here - https://www.internationalstudentinsurance.com/protect/apply/

·       Student Secure plan offers coverage for pre-existing conditions after a 6-month waiting period on the Select and Elite levels. The coverage limit is up to the maximum per injury/illness depending on the plan level. You can get a quote and apply for the Student Secure plan here - https://www.internationalstudentinsurance.com/student-health-insurance/apply/

·       Cigna Global plan which can cover pre-existing conditions at an additional premium if the medical condition is disclosed at the moment of the application and approved for coverage by the underwriters. This plan also offers the option to add wellness, vision and dental, among other optional benefits at an additional cost. To request a quote please visit - https://www.internationalstudentinsurance.com/major-medical-insurance/apply.php

 

If the above options aren’t what you are looking for, you are able to shop on your own for a plan that fits your needs.  There are a lot of resources out there to provide advice and suggestions – including pages like this one that compare plans https://www.outofyourcomfortzone.net/3-best-cheapest-health-insurances-for-international-students-studying-abroad/ or by going through a different management company like this one https://www.isoa.org/

 

We are happy to help you navigate the choice you will make, but ultimately you are the best source of knowledge for what you need.  You can see the coverage you currently in your student zone https://administrators.internationalstudentinsurance.com/zones/maryville-collegestudent-zone/ )


An International Student Advisor would be happy to meet with you.  We are happy to pre-approve a plan that meets our minimum benefit level.  You must have insurance for the full duration of your EAD.


All students should, however, consider one’s own health condition, talk with one’s physician, and ensure that one has adequate coverage to meet one’s personal needs that may not be met by the Maryville College Health Insurance. **this is very important for students who may have pre-existing health issues, chronic illnesses, or want preventative care in the USA.

Students who wish to have a plan that is more comprehensive than what we require (for example, insurance for preventative care, or to cover pre-existing conditions) may request a waiver of our international insurance plan be demonstrating enrollment in a private health insurance plan that must meet the following conditions, and provide an additional benefit that is not offered by the plan we present to students:

·   Medical Benefits of at least $100,000 per accident or illness

·   Repatriation of Remains in the amount of $25,000

·   Expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of$50,000

·   A deductible not to exceed $500 per accident or illness

·   A policy underwritten by an insurance carrier with:

o   an A.M. Best rating of ‘‘A-’’ or above;

o   a McGraw Hill Financial/Standard & Poor’s Claims paying Ability rating of ‘‘A-’’ or above;

o   a Weiss Research, Inc. rating of ‘‘B+’’ or above;

o   a Fitch Ratings, Inc. rating of ‘‘A-’’ or above;

o   a Moody’s Investor Services rating of ‘‘A3’’ or above;


You are required to pay taxes on any income earned.  The CGE offers tax information on our blog. Understand the U.S. tax system