Now that your study program and F-1 Visa status are on the verge of being expired, yet you are willing to maintain your legal status in the USA, tension not, you have several options open for you to choose from to stay here. But, this article will not make you confused and say you to jump for everything that is offered. Rather, the most common and convenient path to uphold your status will be discussed here.
So, before going to any discussion on this matter, the most important question that comes to one’s mind is, ‘How long is a student allowed to stay in the USA under an F-1 visa?’ The answer varies depending on if a student has completed his studies or not. As per the rule, an International student has 60 days grace period, which starts from the End Date mentioned in Form I-20. However, if a student authorized by the DSO withdraws from classes, then he will only be provided 15 days to leave the USA. Pertinent that those who fail to maintain a full course of study without the approval of the DSO will not be allowed to avail of this grace period.
So, when you are nearing the completion of your course, you have the following choices available in general:
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- You can transfer to a different school when you have withdrawn from your studies but with the authorization of the DSO.
- You can begin a new level of study. For example, when you have completed your bachelor’s, you can enroll for the Master’s and maintain your F-1 Visa status.
- You can apply for OPT Program to avail yourself of the opportunity to work.
- You can choose the H1-B visa route directly if an employer files a petition for you before the expiry of the deadline.
- You may choose the EB-3 visa route.
However, in this blog, we will specifically discuss the F-1 OPT or Optional Practical Training option leading to the H-1B status.
What is OPT?
Optional Practical Training Period is generally a work authorization available to students under F-1 status. If granted, it allows an OPT holder to work full-time in any employment covered by his major area of study. The validity of OPT is 12 months but the students who have earned a degree in science, technology, engineering, and math (STEM) field, are allowed to apply for another 24 months extension of it after they exhaust the first one. OPT are two types based on if a student is applying for it after or before the completion of his studies.
Pre-completion OPT: You may apply for Pre-completion OPT once you are lawfully enrolled into a full-year academic program at a college, university, conservatory, or seminary on a full-time basis. But after authorization of OPT students will have to comply with two conditions among other general conditions. These are: a) students under pre-completion OPT may only work up to 20 hours a week while their semester is going on. However, during semester breaks or when school is not in session, they may work on a full-time basis. b) The employment has to be related to the field of study of the student under F-1 status.
Post-completion OPT: Students who are done with their studies may apply for post-completion OPT. In this case, a student may work part-time or full-time as he wishes. The condition as to the co-relation between employment and field of studies will be applied to this case as well.
STEM OPT extension
STEM OPT extension may only be availed by students who have received a STEM degree. The extension is 24 months long. To get this extension generally, you will have to be under valid post-completion OPT status and work for an employer who meets the responsibilities warranted by a STEM Employer by USCIS. Now, do not tension if you have earned a non-STEM degree and still want to capitalize on this opportunity. You still have a chance. But that hinges on the prerequisite that you previously earned a STEM degree from a US institution of higher education which would allow you to apply for a STEM OPT extension.
Do CPT and Pre-Completion OPT have any impact on your post-completion OPT?
As mentioned earlier, a student holding an F-1 visa status may work through CPT and Pre-completion OPT during his studies. However, the total working hours that you will be working will be subtracted from the total authorized working hours under the OPT program. For example, when you have worked part-time (assuming you have worked 20 hours a week) under OPT status for one full year, you may only avail 50% of the otherwise authorized working hours under post-completion OPT. Working Part-Time under the CPT status does not at all impact the validity of your Post-Completion OPT status. The case is the other way around when you have exhausted the CPT or Pre-Completion OPT in a way that you have worked on average 40 hours a week for an entire year. In this scenario, you will not be entitled to any post-completion OPT authorization.
How many times can you get OPT and STEM OPT Extension?
Technically, with every new education level starting from the college degree or its equivalent, you can get additional OPT for one year if you have earned a non-STEM degree and an additional 24-month STEM OPT extension in case your degree is a STEM one. To give an example, suppose you have done your bachelor’s in environmental science in the USA and received OPT and 24-month STEM OPT extension and then earned another master’s in environmental engineering; Henceforth, you may apply for an additional 12-month general OPT plus 24-month STEM OPT extension based on the master’s degree. But, remember that if you earn multiple degrees per level (e.g. you have completed two master’s degrees in the USA) you will not be entitled to additional OPT or STEM OPT extension.
When to Apply for OPT?
For Pre-completion OPT, you may only apply for the OPT after your DSO enters the recommendation for OPT into your SEVIS record. The last day you can apply for Pre-completion OPT is 90 days before you complete a full academic year. But if you have chosen not to apply for OPT employment, then you may apply until your one full academic year is completed.
For post-completion OPT, like before, recommendation of DSO for OPT into SEVIS record is mandatory. You may, nevertheless, apply as early as 90 days before the completion of your studies. But, in no case can you apply for OPT after 60 days from your graduation date and 30 days from the date that DSO enters OPT recommendation into your SEVIS record.
For STEM OPT extension, you must apply within 60 days after your DSO enters the recommendation for OPT into the SEVIS record. The earliest you may apply for the STEM OPT extension is 90 days before your current OPT employment expires.
How to Apply for OPT?
Unlike the H1-B application, you do not require a job offer from the employer to start the process of OPT. The first thing you need to do is request Designated School Official (DSO) at your institution to enter the recommendation for your OPT into the SEVIS record. In the process, the first thing you need to do is request Designated School Official (DSO) at your institution to enter the recommendation for your OPT into the SEVIS record. Then, you shall file Form I-765, which is an Application for Employment Authorization, to request an Employment Authorization Document or EAD, with USCIS. The fee for filing this form is $410, and you will have to pay another $85 as a biometric fee. You must put in the employer’s name as listed in E-verify and Employer’s E-verify Company Identification Number or a Valid E-verify Client Identification Number in the form. The documents you will require in general while filing Form I-765 are:
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- A copy of your Form I-94, Arrival/Departure Record (front and back), a printout of your electronic Form I-94, your passport or other travel document.
- A copy of your last Employment Authorization Document (EAD) (if you have one).
- Two identical passport-style photographs.
- Form G-28 (if you are represented by an attorney or accredited representative).
- If you were not previously issued an EAD, a copy of a government-issued identity document.
For Pre-Completion OPT, the required documents are:
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- Evidence of being lawfully enrolled on a full-time basis for one full academic year at a college or university or institution equivalent to them.
- All previously used SEVIS numbers, if there are any.
- Evidence of any previously authorized OPT or CPT and the academic level at which they were authorized.
- A copy of your Form I-20, Certificate of Eligibility for Non-immigrant (F-1) Student Status, signed by the designated school official (DSO).
For Post-Completion OPT, the following documents must be provided:
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- All previously used SEVIS receipt numbers and formerly authorized CPT and OPT, if there are any, along with the academic level in which it was authorized.
- A copy of your Form I-20 signed by the designated school official (DSO) within 30 days before filing your Form I-765.
For the 24-Month STEM OPT extension, you must provide:
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- Evidence that your STEM is listed on the STEM Designated Degree Program List.
- A copy of your Form I-20 signed by the designated school official (DSO) within 60 days before filing your Form I-765.
- If you are seeking STEP OPT extension based on a previously earned STEM degree, evidence that the institution you attended is accredited by US Department of Education and SEVP.
Apart from the above-mentioned things, for the STEM OPT extension employers must, at first, complete the appropriate parts of Form I-983, which outlines Training Plan for STEM OPT students. After both the employer and the student sign it, it must be submitted to the DSO by the student. Here the employers attest that:
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- They have sufficient resources and trained personnel available to appropriately train the students.
- The student is not going to replace a fill or part-time, temporary or permanent U.S. worker.
- The student will fulfill their training objectives by working for them.
- The employer and student will have an employer-employee relationship.
Read part two here
