Optional Practical Training (OPT)
Current US Citizenship and Immigration (USCIS) regulations governing optional practical training (OPT) took effect on April 8, 2008. These regulations apply to all students in F-1 status; those who were in the United States on or before that date and those who enter the United States after that date.
Practical training is defined as paid employment directly related to the student's major area of study. Students in F-1 status must have been lawfully enrolled in school on a full-time basis for at least one full academic year to be eligible for practical training.
There are two types of OPT:
- Pre-Completion OPT- Students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies. The limit is 20 hours per week while school is in session.
- Post Completion OPT- Students can apply to receive up to 12 months of OPT employment authorization after completing their academic studies.
A student in F-1 status may apply for optional practical training:
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You may begin to apply for OPT within 90 days of:
- The end of your first academic year (pre-completion OPT).
- The end of your program end date (post-completion OPT).
How much OPT time are you allowed?
An initial period of optional practical training is limited to a total of 12 months.
A student can become eligible for another 12 months of optional practical training when he or she changes to a higher educational level.
Part-time optional practical training, 20 hours per week or less, shall be deducted from the available optional practical training at one-half the full-time rate.
OPT STEM Extension: A one-time, 24-month extension of post-completion optional practical training is available to certain students who are employed and whose field of study is considered by the U.S. government to be part of “STEM,” (Science, Technology, Engineering and Mathematics). There is a separate set of information for STEM Extensions.
Any optional practical training granted prior to completion of studies shall be deducted from the amount of practical training available after graduation. Therefore, students are well-advised to consider their goals carefully before applying for optional practical training. Other employment authorization categories, such as curricular practical training or off-campus employment based on economic hardship may be better choices for some students, if they qualify. These latter categories permit students to work while still enrolled, yet, in most cases, maintains students' eligibility for a full 12 months of practical training after graduation.
Students authorized for optional practical training after completion of studies may register part-time at a U.S. college or university, but they may not be registered for a full-time course load. Authorization to engage in optional practical training is automatically terminated when a student transfers to another school or begins full-time study at a different educational level.
Optional practical training is recommended by the PDSO/DSO and authorized by USCIS. That means that the student must first obtain the recommendation from a PDSO/DSO before filing with USICS.
An offer of employment is NOT required to obtain approval for optional practical training. However, once post-completion OPT is approved, a student cannot exceed a total of 90 days of unemployment beginning with the start date on the EAD card. These unemployment provisions do not apply to students on pre-completion OPT who are maintaining full-time enrollment and are still pursuing their studies.
STEPS TO APPLY FOR OPT:
Step 1: Contact your PDSO/DSO
- Submit the Request for OPT form
You will need to contact your PDSO/DSO at the Office of International Student and Scholar Services (ISSS) to request OPT and for a Request for OPT form. This will need to be completed and returned the PDSO/DSO.
Once submitted, they make an OPT recommendation in your SEVIS account and issue you a Form I-20 with a recommendation for OPT with beginning and ending dates. You will need this to apply for an Employment Authorization Document (EAD) card. USCIS will deny applications that do not have an OPT recommendation.
You must file an I-765 within 30 days of the recommendation for OPT. Submissions after 30 days will be denied by USCIS.
Step 2: File an I-765 with USCIS
- File an I-765 with USCIS with all appropriate documents
You will need to complete an Application for Employment Authorization (I-765) to request employment authorization and an Employment Authorization Document (EAD) card.
The following items must be submitted to USCIS:
- Completed form I-765
- Filing fee
- Form I-20 with the PDSO/DSO recommendation for OPT and originals of all I-20s issued to the student (for photocopying)
- Copy of I-94
- Copy of the identity pages of your passport
- 2 photographs
If USCIS needs additional information from you, they will issue a Request for Evidence (RFE) indicating the information needed and a deadline to submission.
Track the Progress of Your EAD Application at https://egov.uscis.gov/cris/jsps/index.jsp
Step 3: Approval and EAD Card
- Receive EAD card and begin employment on the authorized start date.
Employment may not begin until the student receives their EAD card from USCIS. Beginning employment before you receive the EAD card is a serious violation of immigration regulations and may have serious personal consequences for you. Federal SEVIS regulations require that the Office of International Student and Scholar Services to report to USCIS all violations of employment regulations.
PROTECT YOUR VALID VISA STATUS!
Important Dates
Begin applying for OPT: Within 90 days of the end of your first academic year (pre-completion OPT) or your program end date (post-completion OPT). Applications will not be accepted by USCIS if they are submitted prior to 90 days before the start date.
- Students interested in post-completion OPT must file an I-765 to USCIS within 60 days of their program completion date as indicated on their I-20. Applications will not be accepted after this deadline and students will be ineligible for OPT.
Filing I-765: You must file an I-765 within 30 days of the date the I-20 recommending OPT was issued (see item 10 on page 1 of the I-20 for the issue date)
- If the OPT I-20 is more than 30 days old and the student has not yet filed the application with USCIS, contact the International Student Advisor so that the OPT request can be cancelled and then re-issued with an updated I-20.
Processing Time: According to USCIS, 80% of cases are completed within 4 months
- In-person EAD processing for practical training is not available.
Unemployment Time: F-1 students approved for post-completion OPT have up to 90 days of unemployment.
Reporting: Students are required to report any material changes to their SEVIS records within 10 days of the change.
Reporting Requirements
Manhattan University is now required by federal regulation to continue to maintain a student’s SEVIS record for the full period of Optional Practical Training, including any extension.
- Students are required to report any change to their current name or address to the International Student Advisor within 10 days of the change
- Students are required to report any changes in employment information (including periods of unemployment) to the International Student Advisor within 10 days of the change
- Students on post-completion optional practical training cannot be unemployed for more than a total of 90 days in the aggregate during the 12-month period of post-completion Optional Practical Training. The first day that is counted for this purpose is the start date on your EAD card, unless your job begins on that date.
Guidance on Optional Practical Training and Travel
An F-1 student who has timely filed an application for OPT post-completion of study may travel outside the United States while the OPT application is pending, although it is strongly not reccommended. Should you travel, you should present the USCIS Processing Center Receipt, proving that the application has been filed. However, once the EAD card for OPT is issued to the F-1 student, and the student decides to travel abroad, the student can only re-enter the United States to resume employment. The F-1 student does not need to have already begun actual employment before leaving, as long as the student has a job offer to which to return. Please note that any travel periods outside the United States while unemployed after the start date on the EAD card, is counted toward the 90-day limit.
The best general advice is that a F-1 student on OPT, who has received the EAD card, and has to travel abroad should make sure that there is documentation from his or her employer confirming the employment or the job offer. Otherwise, the student assumes a risk that he/she may not be allowed to re-enter the United States.
8 CFR 214.2(f)(9)(ii)
(ii) Optional practical training.
(A) General. Consistent with the application and approval process in paragraph (f)(11) of this section, a student may apply to USCIS for authorization for temporary employment for optional practical training directly related to the student's major area of study. The student may not begin optional practical training until the date indicated on his or her employment authorization document, Form I-766. A student may be granted authorization to engage in temporary employment for optional practical training:
(1) During the student's annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next term or session;
(2) While school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or
(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). Continued enrollment, for the school's administrative purposes, after all requirements for the degree have been met does not preclude eligibility for optional practical training. A student must complete all practical training within a 14-month period following the completion of study, except that a 24-month extension pursuant to paragraph (f)(10)(ii)(C) of this section does not need to be completed within such 14-month period.
(B) Termination of practical training. Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level.