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General Information
F-1 students who have been enrolled in legal student status for a minimum of
9 months are eligible for up to 12 months of Optional Practical Training (OPT)
work authorization by U.S. Citizenship & Immigration Services (USCIS).
Employment under OPT must be directly related to a student's field of study and
appropriate to the level of education. You do not need a job offer prior to
applying for OPT, and your job may be anywhere in the United States. You may
also change jobs during the course of your OPT period. OPT may be used in
"chunks" during vacation terms before completion of studies, or used for a
12-month, full-time period after completion of studies. Once you return the
required forms and copies to our office, it will take between 5 and 10 business
days to issue your new OPT-endorsed I-20. Once you mail the application to
USCIS, it can take between two and three months for them to approve your
application and send you the card.
To apply for OPT a student will need to follow the application procedures
listed below and complete the following USCIS forms:
In addition, you must follow, complete, and return the OPT Checklist and
Application Form, available in the office or in PDF format below.
The bottom section of this form must be completed and signed by your
academic advisor, your department administrator, or the registrar, unless you
are an undergraduate student, in which case you should complete the bottom
section but leave the signature portion for your International Advisor to
complete.
Volunteer or College-Funded Positions
Please note that if your employment or internship is unpaid (as a legitimate
volunteer position without any form of compensation and that has never in the
past been filled by a paid intern or employee), or, if pre-completion OPT and
is funded by a Dartmouth College scholarship or grant, you do not need to apply
for OPT. Likewise, for any pre-completion OPT that is an on-campus Dartmouth
College position, you do not need an OPT authorization. All post-completion
paid positions do require an OPT authorization, whether on campus or off
campus. Please contact the International Office to verify that your position
would qualify for an exemption from OPT.
Processing Times
You may apply for OPT no earlier than 120 days prior to completion of
studies, or the beginning of your intended employment. Additionally,
new regulations state that you may not apply for post-completion of studies OPT
after the ending date listed on section five of the I-20 form, or after the
date on which you complete your program of study, whichever is earlier
(this is defined as that date after which you have no further obligations to
the institution, in order to receive the degree).
It takes the International Office between one and two weeks to process your
OPT application. When your application is ready, we will e-mail you to
come to the office, sign the new I-20 form, and pick up the application to be
mailed to USCIS.
Once you submit the OPT application by mail to the USCIS, it will take
between 30 and 90 days, and sometimes longer, to receive an answer. If it is
approved, the USCIS will send you an Employment Authorization Document (EAD).
Under no circumstances may you begin your employment until you receive this
card and before the beginning employment date listed on
the card. If your plans change after you apply for the card and you will not be
working after all, it is not possible to cancel the EAD card
and request that the unused time be credited to your remaining eligibility (not
to exceed 12 months). Please be sure that you apply early enough to receive the
card before you need to begin the employment.
If you do not complete your program by the end date listed on your I-20
form, but you have already applied for OPT, your OPT application will be
subject to cancellation by the International Office, and your legal student
status may be in jeopardy. Please contact us as soon as possible if you will
not complete by the end date on your I-20 form.
Application Procedure
Documents to Bring to the International Office
When you have completed the OPT application form and the I-765 form,
please come to the International Office during office hours (Monday through
Friday, 9am-12pm and 1- 4pm, Wednesday 10:30am-12pm and 1-4pm). An advisor will
review your application and will then need a minimum of five to ten working
days to have a new SEVIS I-20 form issued with the OPT endorsement. You will
need to bring all of the following documents to the International Office when
applying for OPT. Please do not staple the copies together, and
please collate them so we have three complete packs that include one of each
copy:
- Completed form I-765 - Note: on the I-765 form, line 16 should be completed
as follows: (c)(3)(i)
- Completed OPT Application form (available on our website and at the
International Office)
- Three copies, front and back, of all I-20 forms you have
been issued
- Three copies of your I-94 card, front and back
- Three copies of identification page in passport, and
renewal page (if applicable)
- Three copies, front and back, of any previous EAD cards
you have received
- Three copies of visa page in passport (Canadian students
are exempt from the visa requirement)
We will return to you two complete copies of the application - one
for your records, and one to be submitted to the U.S. Citizenship &
Immigration Services. You should attach your check for the filing fee and
your passport-style photos to the top of the application before mailing
it.
Mailing the Application
- Attach your personal check or money order for $340 made out to "United
States Department of Homeland Security," to the top of the application
packet. Make sure the I-765 form is the top sheet below the check.
- Include two photographs (full frontal view - passport style). Please
write on the back of each photo (lightly, in pencil) your name and I-94 number.
Please do not cut the photos.
- Mail the entire packet to:
United States Citizenship & Immigration Services
75 Lower Welden St.
St. Albans, VT 05479
Important Notes
- Please remember that you may not accept employment until the EAD
("Employment Authorization Document") card is in your possession and not before
the beginning employment date denoted on the EAD.
- When you receive your EAD card, please bring it to the International Office
so that we may take a copy of it for your file.
- While you are away from the College on OPT, you must notify us within ten
(10) days, in writing, of any address changes. For pre-completion OPT
periods this applies to your change of address when you return to campus.
- If you are on post-completion OPT and need a new travel signature on your
I-20, you must mail your I-20 back to us with a self-addressed stamped envelope
so that we can return it to you.
- If you have applied for post-completion OPT (i.e. for OPT after
graduation), it is not recommended that you travel outside the U.S. until you
receive the actual EAD card. If you do, you could be denied re-entry to
the U.S. However, if you must travel, in order to ensure re-entry to the
U.S., you should have:
- your I-20 form with the OPT endorsement
- valid passport
- valid F-1 visa
- letter from an employer certifying OPT temporary employment in a position
related to your field of study
- OPT employment authorization card
- Immigration or Consular Officers can ask you to prove non-immigrant intent,
and though this is not commonly used as a reason to deny entry under OPT, it is
possible. To be safe, you should have some evidence that you plan to
return to your home country after you complete your OPT, such as a job offer in
your home country, evidence of strong family ties there, or property ownership,
etc.
OPTIONAL PRACTICAL TRAINING (OPT): FREQUENTLY ASKED QUESTIONS (FAQ)
Q: What is OPT?
A: Optional Practical Training (OPT) is a work benefit allowed to
international students in F-1 immigration status who are enrolled in, or
completing a degree program in the U.S. This employment can be used
pre-completion of studies, over the annual vacation or leave term, or
post-completion of studies, after the student finishes the degree.
Q: What is the duration of OPT employment
authorization:
A: the initial post-completion period for which students can apply is 12
months, less any OPT time used pre-completion. The requested employment start
date must be between the end of program date, and 60 days later. The
employment authorization will begin on the date requested or
the date the employment authorization is adjudicated, whichever is later.
Exception: The employment authorization period for the
17-month OPT extension begins on the day after the expiration of the initial
post-completion OPT employment authorization, and ends 17 months later,
regardless of the date the actual extension is approved
Q: Am I eligible for
OPT?
A: F-1 students who have been enrolled in legal status for a minimum
of nine months are eligible for up to twelve (12) months of Optional Practical
Training (OPT) work authorization by the U.S. Citizenship & Immigration
Services (USCIS). Employment under OPT must be directly related to a
student's field of study and appropriate to the level of education.
Q: Do I need a job to be eligible to
apply for OPT?
A: No, you do not need a job offer prior to applying for OPT, and your
job may be anywhere in the United States. You may also change jobs during
the course of your OPT period, but you must notify our office of any
interruption or change to your employment.
Q: When can I apply for OPT?
A: The earliest you may apply for OPT is 90 days (3-months) prior to
the completion of studies*, and the latest you may apply for
OPT is 60 days following program completion. It can take several months to
receive the OPT work card, so we recommend that you apply at least 90 days
prior to the beginning of your intended job opportunity.
Q: What does the immigration service
consider “completion of studies?”
A: Completion of studies is the actual date that you complete all
requirements for a program of study (i.e. the date of your final exams, or
submission of your thesis or dissertation). “Completion of
studies” is NOT automatically considered to be the date of graduation
ceremonies.
Q: Do I have to use the entire 12-month
OPT period at once, or may I use it increments?
A: OPT may be used in "chunks" during an annual vacation term
before completion of studies, but after completion of studies it
may only be used as a single block of time (minus the difference of any
previously used OPT time).
Q: May I save any of my unused OPT
eligibility and use it at a later time?
A: No. Once you apply for OPT and complete your program of
study, the OPT work eligibility is either used or not. There is no
recapture of unused OPT time.
Q: May I extend my OPT work
eligibility beyond 12-months?
A: In two instances, it may be possible to extend the period of OPT,
based on a new OPT regulation published on April 8th, 2008.
In the first case, the student must be hold a STEM degree (science,
technology, engineering or math), be hired by an employer signed up for the
government program “E-Verify”, and will have to apply for the 17-month
extension on Form I-765 with fee. Students who timely file an application for
the 17-month OPT extension will be able to continue employment while the
extension application is pending, until a final decision on the I-765 or for
180 days, whichever comes first.
In the second case, the extension of status and work authorization is
automatic for students who have a filed and pending H-1B petition.
See below for details on these two cases:
1) The 12 month limit on F-1 Optional Practical Training (OPT) can be
extended by 17 months, for a total of 29 months, for certain STEM degree
holders (Science, Technology, Engineering, Mathematics) in the following
fields:
Actuarial Science; Computer Science Applications (except Data
Entry/Microcomputer Applications); Engineering; Engineering Technologies;
Biological and Biomedical Sciences; Mathematics and Statistics; Military
Technologies; Physical Sciences; Science Technologies; Medical Scientist (MS,
PhD).
Other requirements for 17-month extension:
o Student must be currently
participating in a 12-month period of OPT, working for a U.S. employer in a job
directly related to the student's major area of study.
o Student must have successfully
completed a bachelor's, Master's, or Doctoral degree in a field on the DHS STEM
Designated Degree Program List, from a SEVIS-certified college or
university.
o Student must have a job offer
from an employer registered with the
E-Verify employment verification system. See also:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD
AND http://www.uscis.gov/files/nativedocuments/E-Verify_Manual.pdf
o The student will need to submit
a copy of the conferred degree with the application, and possibly transcripts
to prove degree field.
o Employer name as listed in
E-Verify
o E-Verify company identification
number of employer (or E-Verify client company identification number of the
employer's agent)
o The student has not previously
received a 17-month OPT extension after earning a STEM degree.
In addition, the student’s employer must agree to report the termination or
departure of the student to the International Advisor (DSO) or through "any
other means or process identified by DHS." An employer must consider a worker
to have departed when the employer knows the student has left employment, or if
the student has not reported for work for a period of 5 consecutive business
days without the employer's consent.
2) Duration of status and work authorization will be extended for a student
approved for OPT, who is the beneficiary of a timely-filed H-1B petition
requesting an employment start date of October 1 of the following fiscal year.
This would apply to all students on OPT, not just STEM students. The extension
of duration of status and work authorization would automatically terminate upon
the rejection, denial, or revocation of the H-1B petition filed on the
student's behalf.
The conditions that must be met for this auto-extension of status and work
authorization include:
o The student is the beneficiary
of an H-1B petition filed before the end of the student's lawful F1 status
o The H-1B petition requests a
change of status with an effective date of October 1 of the following fiscal
year;
o The F-1 student has not violated
the terms and conditions of that status; and
o The H-1B petition is not
rejected, denied or revoked.
Employers should note that this extension is automatic (by operation of
regulation) when the conditions are met, so that no new Employment
Authorization Document is required for I-9 purposes. Again, this
extension applies to all F-1s selected to receive an H-1B for the following
fiscal year, whether the F-1 works in a science, technology, engineering or
mathematics field or not. The extension of status also covers the
student's spouse and children in F-2 status.
See our website for more information on these two options: http://www.dartmouth.edu/~intl/updates/immigration.html
Q: How can I tell if my degree field or major
field qualifies as a “STEM” program?
A: These major fields are coded according to a national list – called a CIP
list. The International Office and the Registrar’s Office on campus have
lists of these majors and codes.
Q: How can I tell if my employer is signed up for
E-Verify?
A: You may ask your employer if they are signed up for E-Verify. In
addition, note that some U.S. States have begun mandating employer
participation in E-Verify. At the same time, some other States have
declared E-Verify illegal. You can find more information on E-Verify here:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD
Q: My employer is not signed up for
E-Verify. How can my employer sign up for this program?
A: The E-Verify program imposes significant obligations on an
employer. Employers can find out more about the program and obligations
on this website:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD
Q: What are the reporting requirements
for me while I am approved for OPT?
A:All students on OPT are required to report to the
DSO:
o
any change of name or address, or
o
any interruption of such employment
In addition, STEM students with an approved 17-month
OPT extension
o
must report to the student's DSO within 10 days of any change of:
o
legal name
o
residential or mailing address
o
employer name
o
employer address, and/or
o
loss of employment
o
Must make a validation report to the DSO every six months starting from the
date the extension begins and ending when the student's F-1 status ends, the
student changes educational levels at the same school, the student transfers to
another school, or the 17-month OPT extension ends, whichever is first. The
validation is a confirmation that the student's name and address, employer name
and address, and/or loss of employment is current and accurate. The report is
due to the DSO within 10 business days of each reporting date.
Q: May I cancel my OPT application once I
have applied?
A: Yes, you may request that the OPT application be withdrawn and the
recommendation in SEVIS be cancelled, but only if you have recently mailed it
to the government. Contact your advisor as soon as possible, if you need
to cancel the OPT application. Once your OPT application has been
adjudicated (approved) by the immigration service, it can not be cancelled or
revoked.
Q: May I travel outside the U.S. before I
receive the employment card for OPT, and also after I receive the
card?
A: The answer to this question depends very much on a variety factors
specific to what kind of OPT application, and each person’s own unique
situation. While on OPT you are still considered to be in F-1 (student)
immigration status, even if you have completed your studies and have since
graduated.
Before you get the card for pre-completion OPT:
You may travel outside the U.S. before you receive the card, if you plan to use
that OPT period pre-degree completion. In order to be eligible for
re-entry to the U.S., you must have a valid F-1 visa (though Canadian citizens
are exempted from this visa requirement), a valid passport, a valid I-20 form
with a recent travel signature.
After you get the card for pre-completion OPT:
Yes, you may travel outside the U.S. after you receive the employment card, as
long as you are still an active student at Dartmouth, and plan to enroll for
full-time classes in the next available term. In order to be eligible for
re-entry to the U.S., you must have a valid F-1 visa (though Canadian citizens
are exempted from this visa requirement), a valid passport, a valid I-20 form
with a recent travel signature.
Before you get the card for post-completion OPT:
Travel outside the U.S. while waiting for a post-completion OPT work card can
be problematic. If the OPT case is still pending, you can re-enter the
U.S. as long as you have proof of the pending OPT application, a valid
passport, a valid F-1 visa (though Canadian citizens are exempted from this
visa requirement), the original signed I-20 form with the OPT recommendation
and a recent travel signature on it, and proof of non-immigrant intent (i.e.:
proof that you will return to your home country after you complete your OPT
period). Forms of non-immigrant intent evidence might include admission
to a College or University in your home country; a job offer in your home
country; or a spouse or children living in your home country. You are
eligible for a new F-1 visa application even if the work card has not yet been
approved.
After you get the card for post-completion OPT: In
order to be eligible for re-entry to the U.S. after the OPT application has
been approved, you must have the employment card in your possession, a valid
F-1 visa (though Canadian citizens are exempted from this visa requirement), a
valid passport, a valid I-20 form with the OPT endorsement and a recent travel
signature on page 3, proof of a temporary job in your field of study, and proof
of non-immigrant intent (i.e.: proof that you will return to your home country
after you complete your OPT period). Forms of non-immigrant intent
evidence might include admission to a College or University in your home
country; a job offer in your home country; or a spouse or children living in
your home country. You are eligible for a new F-1 visa application as
well, during the OPT approved period.
There is always a risk that you may be denied entry to the country, if the
Consular officer or the immigration officer at the border does not believe that
you will leave the U.S. at the end of your OPT period, if you cannot prove your
employment, or that your employment is appropriate to your field of study and
degree level.
Q: Am I eligible for more OPT if I
progress to another degree program?
A: Yes. If you begin a new degree program at a higher level
(i.e. Bachelor to Masters or Masters to Ph.D.) program, you will become
eligible for an addition block of 12-months of OPT as outlined above. You
are, however, only eligible for one period of 17 month OPT-extension
Q: When can I start working under
OPT?
A: Only once you possess the OPT employment document (“Employment
Authorization Document”) issued by the immigration service, and the
effective beginning date listed on the employment document has been
reached.
Q: Can I be unemployed while approved for OPT, and still
legally remain in the U.S.?
A: The new regulations published on April 8th, 2008, limit
periods of unemployment during post-completion OPT. F-1 status is now
dependent upon employment, within the following parameters:
- Students may not accrue an aggregate of more than 90 days of unemployment
during any post-completion OPT carried out under the initial 12-month
post-completion OPT authorization.
- Students granted a 17-month OPT extension may not accrue an aggregate of
more than 120 days of unemployment.
Q: How long can I stay in the U.S. after
my post-completion OPT ending date expires.
A: You have a 60 day grace period following the end of your OPT
period, unless you have extended your F-1 status for another degree program, or
you are under application to change your immigration status to another
classification.
Frequently Asked Questions Concerning OPT Application
Forms
Form I-538: This form is no longer required
under the regulations.
Form I-765: this form was revised on April 8th, 2008,
and students must use this new version to file an OPT
application.
Check “Permission to accept employment” if it is your first time applying
for OPT
Check “Renewal of my permission to accept employment” if you are applying to
extend a period of OPT under which you are *currently* working.
Question #3: Address. PLEASE NOTE:
by law, Federal mail may not be forwarded to another address. Therefore
it is imperative that you put down a reliable and secure mailing address in
this section. If you plan to be moving and are not sure of an address,
you may list your address as in care of the International Office (address
listed above). If you use our address, make sure that you give us
explicit instructions, in writing, as to where to send the card once it
arrives.
**Be sure the address is clearly printed clearly or
typed!!**
Question #10: List your 11 digit I-94 number in this space
(“A-number” is not applicable in your OPT situation)
Question #11: (“Have you ever before applied for employment
authorization from (the immigration service)?” If yes, list the USCIS
office where your OPT application was sent. For the East Coast (any
Dartmouth-affiliated OPT application) this would have been the “Vermont Service
Center.” Speak to an advisor if you are unsure of any of the other
regional immigration processing centers. For “results” state “granted for
dates xx/xx/xxxx through xx/xx/xxxx” and provide photocopies of all previous
OPT work documents.
Question #12: “Date of last entry into the U.S.” List the
date of your most recent arrival or re-entry into the U.S. (which for most
people not re-entering from Canada will be stamped on your most recent I-94
card). If you last traveled to Canada, and were not “stamped” into the
country when you re-entered the U.S., you should still indicate that date as
the last date of entry.
Question #13: “Place of last entry into the U.S.” List
the most recent arrival city of the airport (i.e. Boston, New York, San
Francisco, etc.) where you landed from overseas. If crossing the border
from Canada or Mexico, list that particular border station.
Questions #14 & #15: “Manner of last entry” and “Current
immigration status”, list “F-1 (student)” for both questions
Question #16: For F-1 Pre-completion OPT, the correct code
is: “(c)(3)(A)”. For F-1 Post-completion OPT, the correct code
is: “(c)(3)(B)”. For F-1 Post-completion 17 month extension
applications for STEM students employed by e-verify employers, the correct code
is: “(c)(3)(C)”
Question #17: This question should be answered only by STEM students,
employed by E-Verify employers, who are applying for the 17 month OPT extension
period. List your degree level and field, employer’s name and E-Verify
number. Contact your employer to get this information.
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