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Optional Practical Training - UMass Amherst · 2020. 2. 20. · Optional Practical Training...

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What is OPT Eligibility Requirements When to Apply Application Process Reporting Requirements Frequently Asked Questions Optional Practical Training February 2020
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  • • What is OPT • Eligibility Requirements• When to Apply• Application Process• Reporting Requirements• Frequently Asked Questions

    Optional Practical Training

    February 2020

  • What is OPT?• Benefit of F-1 student immigration status that provides for an

    initial 12 months of work authorization in field of study in the United States for international students who have been enrolled full-time for a minimum of one academic year.

    • Two Types of OPT– Pre Completion (not recommended—see CPT info online)– Post Completion

  • Eligibility Requirements• Eligibility based on degree level, i.e. Bachelors, Masters, PhD• Enrolled for at least two semesters at full-time status• Employment related to field of study

    • 12 months or more of previous FULL-TIME Curricular Practical Training (CPT) at the same academic level will eliminate any OPT eligibility– Less than 12 months of prior CPT will not be subtracted from Post-completion OPT

  • Definition of Completion of Studies for OPT• For graduate students on thesis/dissertation track, the completion

    of studies date (NOT the graduation date) can be the scheduled defense date or any specific date that you plan to complete your degree requirements and no longer enroll/register for classes

    • Your completion of studies date will always be BEFORE your official graduation date in SPIRE

    • You cannot use CPT to delay your completion of studies/ graduation

    • Not graduation (ceremony)

  • When to Apply?• You can file your Post-Completion OPT application no

    earlier than 90 days prior to your completion of studies date and must file no later than 60 days after your completion of studies date

    Completion of Studies:Undergraduates* Last day of FinalsGraduates Non-thesis track student*: Last day of finals

    Thesis/dissertation students: Defense date (discuss with your academic authority)

    *If you think you might fail a course and not actually finish—do NOT submit your OPT application.

  • Processing/Review times approx. 7-10 business days

  • Application Process• 1. Choose your employment dates (must be within 60 days AFTER completion date)

    • 2. Fill out the I-765 form– Complete the I-765 form online in pdf format, print (hand written isallowed) and sign in blue inkThe mailing address on the I-765 should be valid and able to receive your mail for 3-5 months aftersubmitting your application. If using a friend or relative’s address, add your name to the mailbox. If youchoose to use IPO as a mailing address, use the following address.

    C/O IPO, UMass Amherst70 Butterfield TerraceAmherst MA 01003

    NOTE!!! If you use the IPO’s address to receive your I-797’s and EAD, please give us permission to openyour mail per the OPT Application E-Form. The IPO is not responsible for lost or damaged mail. Nor is theIPO responsible for postage errors or undeliverable mail. The IPO will contact you when your documentsare received.– Find your I-94 arrival number for item #21a– Question #27: write (C) (3) (B)—no need to complete Q#28-31

    https://www.uscis.gov/i-765https://www.uscis.gov/i-765https://i94.cbp.dhs.gov/I94/#/home

  • Application Process• 3. Complete the OPT APPLICATION E-FORM to request I-20

    endorsement. You must complete I-765 beforehand and choose employment dates.– Undergraduates (7-10 business days)– Graduates (Submission request is sent to academic authority

    then submitted to IPO. Once submitted: 7-10 business days)• 4. Pick up the new I-20 with OPT endorsement (see pg. 2)• 5. Put together documents for OPT request

    https://sun-prd.erp.umasscs.net/istart/controllers/client/clientEngine.cfm?serviceid=EFormPOSTCompletionOPTApplication0ServiceProviderhttps://www.uscis.gov/i-765

  • Documents to send to USCIS• Original I-765 Form (signed & dated by you)

    • Two (2) passport-style photos. Print your name and date of birth on the back of photos

    • Filing Fee: Write a personal check/money order to “U.S. Department of Homeland Security” for

    $410.00

    • Copy of passport photo ID page

    • Copies of your current and previous F-1 visa stamps (in your passport)

    • Copies of your Current & all previously issued I-20s, including your new OPT endorsed I-20 (pages 1-

    2) DO NOT SEND ORIGINALS

    • Copies of your Previous Employment Authorization Document (EAD) if you had any previous OPT

    • Most recent I-94 record

    • Form G-1145 is optional but RECOMMENDED: USCIS will e-mail and/or text you with updates

    regarding your OPT application if you include this form

    https://www.uscis.gov/i-765https://www.uscis.gov/i-765https://i94.cbp.dhs.gov/I94/#/homehttp://www.uscis.gov/sites/default/files/files/form/g-1145.pdf

  • Mailing to USCISMail documents to the correct USCIS location based on the residential address listed on the I-765.

    IF Massachusetts address:Express mail & courier service deliveries (i.e. UPS or Fed Ex):

    USCIS Dallas LockboxAttn: AOS2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067

    For US Postal Service Certified mail:USCIS Dallas LockboxPO Box 660867Dallas, TX 75266

    All other state locations, please check here for correct filing address

    https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities

  • USCIS PROCESSING TIMES

    Approximately 3 to 4 months (90-120 days)Monitor your pending case here:

    https://egov.uscis.gov/casestatus/landing.do

    https://egov.uscis.gov/casestatus/landing.do

  • EAD

    Once you receive your EAD card, inspect it carefully. Notify

    IPO staff if you notice any spelling or date errors on your

    EAD card.

    (Employment Authorization Document)

  • Considerations• Do not wait for a job offer in order to start the OPT application process

    • The 60 day grace period is NOT in effect when you apply for OPT. As long as your OPT application is at USCIS before the 60 day deadline and is pending, you may legally remain in the U.S. for the duration of the application process and until you are approved.

    • Your start date will likely change—you pick a start date on your I-20 but USCIS will adjust based on their processing timeline. For example, you pick July 1 as your start date but your application is not approved by then. USCIS will pick the next closest day. If they approve on July 15, they will pick a day around July 15 as your official start date.

    • USCIS must receive the OPT application within 30 days of the IPO’s OPT recommendation date; if the application is not received by the USCIS within 30 days after the issuance of the OPT I-20, the application will be denied. (THIS IS THE MOST COMMON REASON FOR OPT DENIAL)

    • Do not mail in your application so that USCIS receives it more than 90 days before your program end date or more than 60 days after the program end date. (Applications received outside of these times will also be denied)

    • If your entire application is returned to you, consult with an IPO Advisor before resubmitting the application; you may need a new I-20 with OPT recommendation

  • Considerations• Do not submit your OPT application to USCIS prior to obtaining an I-20 from

    the IPO with your specific OPT recommendation• OPT applications to USCIS take approximately 3 to 4 months to process, there is no

    expediting!

    • You CANNOT begin work (or volunteer) until the start date arrives on your EAD AND you have the EAD

    • Unemployment is limited to 90 calendar days during the 12 month OPT period (weekends and holidays are considered). Unemployment starts counting based on the start date on your EAD NOT your chosen date on the I-20

    • Internships, unpaid/volunteer position, part-time position (20 hours or less per week), or self-employment in your area of study can count as “Employment.” 20 hours/week = full-time employment per regulations

    13

  • IPO Reporting Requirements• Changes in personal information (address, email, phone, name): Update in

    SPIRE (you will receive SPIRE access for 1-3 years after your completion of studies). If unable to access the form, contact IT.

    • Submit a copy of your Employment Authorization Document (EAD) to the IPO once it is received

    • All employment information (employer’s name/address, start and end dates, unemployment period)

    • If there is a change in position (job title, part/full time)• If you change to another visa status (i.e. H-1B, Permanent Resident) or

    plan to depart the US/no longer using OPT benefitsClick on the OPT Reporting E-Form to report changes.

    https://sun-prd.erp.umasscs.net/istart/controllers/client/clientEngine.cfm?serviceid=EFormOPTemployer0ServiceProvider

  • Frequently Asked Questions• Can I travel?

    – While application is pending?– When application is approved?– Do I need travel signatures again?

    • What if I move?– While application is pending?– When application is approved?

    • Can I change the dates I requested?

    • My card was lost/stolen, what should I do?– Never received the initial?– Lost/Stolen card, received and after started employment?

    https://www.umass.edu/ipo/content/12-month-opt-menu-faq

  • Frequently Asked Questions• What’s the SEVP Portal?

    – Optional government site—you still need to report to IPO so it’s best to use our E-Form instead (Use UMass credentials to log in and update info on E-Form).

    • I want to transfer to a new school or start a new degree?– Be careful! If still on OPT, it is automatically terminated the same day a student’s

    SEVIS record is transferred to another institution or when you begin a new program.

    • What if I don’t find a job?– 90 day unemployment clause

    • Can I save any unused OPT time and use it later?• Can I volunteer or work without pay? Self employment? Third-party

    employer?

    https://www.umass.edu/ipo/content/12-month-opt-menu-faq

  • Life After OPT…. Think Ahead!• 60 days grace period at the end of OPT• Make arrangements to depart the U.S.• Enroll in another program of study as an F-1 student and receive a

    new I-20 from that university (fill out the Transfer Out E-Form so that we can transfer your SEVIS record to the new school)

    • For students in a STEM field, apply for a 24-month STEM OPT extension

    • Change to another immigration status, H-1, J-1, etc.

    https://www.umass.edu/ipo/iss/visa/leavinghttps://www.umass.edu/ipo/node/17925

  • Cap Gap Provision (OPT and H-1B)• OPT work authorization will be automatically extended until

    September 30 for an F-1 student who has timely-filed (April 1) H-1B petition requesting change of status and an employment start date of October 1

    • Student must have employment authorization through OPT beyond April 1

    • The “Cap-Gap” extension automatically terminates upon rejection, denial, or revocation of the H-1B petition filed on the student’s behalf

    CONTACT THE IPO TO VERIFY THIS ELIGIBILITY

  • 24-Month STEM OPT Extension Eligibility– You have been approved for the initial 12 months of POST COMPLETION OPT.– You have had fewer than 90 days of unemployment while on POST COMPLETION OPT.– Your primary major/field as indicated on your I-20 form is a STEM field on this list.

    • UMass eligible STEM majors listed here– Your employer is enrolled in the E-verify program.– You have a job or a job offer of at least 20 hours per week that is PAID– A previous STEM degree obtained from a U.S. institution can now be the basis of a STEM

    OPT extension if current employment is in a STEM field. Example: Undergraduate STEM degree. Student then obtains a new non-STEM Master’s degree. That student is initially only eligible for 12 months of OPT, but if working in a demonstrable STEM field, the student can subsequently apply for a 24 month STEM OPT extension based on previous undergraduate STEM degree.

    – Eligible for two STEM extensions in a lifetime, i.e. Bachelors and Masters, Masters and PhD, Bachelors and PhD.

    https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdfhttps://www.umass.edu/oir/ir-resources/cip-code-stem-opt

  • When to Apply?• USCIS recommends that you file for the STEM OPT extension as early as 90 days PRIOR TO

    YOUR CURRENT OPT END DATE. All applications must be received by USCIS before the ending date of your current EAD work card.

    • Likewise, USCIS must receive your STEM OPT application no later than 60 days from the issuance of your most recent STEM OPT I-20 form (see date issued in the “School Attestation” section of your newest I-20 form.

  • Application Process• See IPO website for full information

    – STEM OPT Request E-Form– I-983 Training Plan

    • IPO issues I-20 with new STEM OPT endorsement• Mail complete packet to USCIS

    – Approx. 3 to 4 months processing time– MAY CONTINUE EMPLOYMENT WITH RECEIPT NOTICE

    AND NO STEM EAD FOR 180 DAYS

    https://www.umass.edu/ipo/node/17925

  • STEM OPT Reporting Requirements• Submit a copy of your new Employment Authorization Document (EAD) to the IPO once your new card is issued.

    • Any residential address, email address, or phone number changes, please update SPIRE.

    • From the start date of your STEM OPT you will need to verify your employer and residential information every 6 months. i.e. 6 months, 12 months, 18 months, 24 months with the IPO.

    • Review the STEM OPT Reporting Requirements

    • Additionally:– 12 months after EAD start date: Submit the previously completed I-983 (including pg.5 with Self Evaluation)– 24 months after EAD start date: Submit a previously completed I-983 (including pg.5 with Final Evaluation)

    • Submit updated I-983 for any and ALL employment changes

    If your employer has changed, your employer’s Employer Identification Number (EIN) changes as a result of corporate restructuring, your salary is reduced or if there is a significant decrease in the amount hours worked per week YOU MUST update form I-983 and send it to the IPO immediately.

    The Department of Homeland Security has indicated that failure to provide any of the reporting requirements mentioned above can result in the automatic termination of your SEVIS immigration record and corresponding F-1 immigration status. The IPO will not take responsibility for a student’s failure to update information accordingly and to adhere to theseconsiderable STEM OPT reporting requirements.

    https://www.umass.edu/ipo/node/17925https://www.ice.gov/sites/default/files/documents/Document/2016/i983.pdfhttps://www.ice.gov/sites/default/files/documents/Document/2016/i983.pdfhttp://www.ice.gov/sites/default/files/documents/Document/2016/i983.pdf

  • QUESTIONS?

    �What is OPT?Eligibility RequirementsDefinition of Completion of Studies for OPTWhen to Apply?Slide Number 6Application ProcessApplication ProcessDocuments to send to USCISMailing to USCISSlide Number 11EADConsiderationsConsiderationsIPO Reporting RequirementsFrequently Asked QuestionsFrequently Asked QuestionsLife After OPT…. Think Ahead!Cap Gap Provision (OPT and H-1B)24-Month STEM OPT Extension EligibilityWhen to Apply?Application ProcessSTEM OPT Reporting RequirementsQUESTIONS?�


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