Post-Completion Optional Practical Training

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Post-Completion Optional Practical Training

• International Students Scholars Office
• Tess Casler, Director

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AGENDA

• Review Optional Practical Training
• Answer the question - What are the new OPT rules?
• STEM extension
• Cap-Gap provision
• Unemployment
• How/when to apply
• Travel
• Time for questions

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What is Optional Practical Training?
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Optional Practical Training is defined as

• temporary employment for practical training
  directed related to the students major area of
  study.
• 8 C.F.R. 214.2(f) (10) (ii)

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Three kinds of OPT can be identified as

• Pre-completion OPT
• Participation in OPT employment prior to
  completion of a program
• Post-completion OPT
• Participation in OPT employment after completion
  of a program
• 17-month extensions of post-completion OPT for
  certain STEM degree holders
• Extension to a current 12 month post completion
  OPT period for a total of 29 months

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Pre Post Completion OPT can be authorized

• During the students annual vacation and at
  other times when school is not in session
• If the student is
• Currently enrolled
• Eligible for registration, and
• Intends to register for the next term or session
• 8 C.F.R. - 214.2(f)(10)(ii)(A)(1)

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Pre Post Completion OPT can be authorized

• While school is in session, provided that
  practical training does not exceed 20 hours a
  week while school is in session
• 8 C.F.R. - 214.2(f)(10)(ii)(A)(2)

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Pre Post Completion OPT can be authorized

• After completion of the course of study, or, for
  a student in a bachelor's, masters or doctoral
  degree program, after completion of all course
  requirements for the degree (excluding thesis or
  equivalent)
• 8 C.F.R. 214.2(f)(10)(ii)(A)(3)

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What does all that mean?

• Your program end date on your I-20 becomes very
  important in what type of optional practical
  training you are eligible to apply for
• Please note F1 program end is very different
  from Clarkson program end

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What are the new OPT rules?
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• On April 8, 2008, The Department of Homeland
  Security published the Interim Final Rule that
  makes significant changes to Post-Completion
  Optional Practical Training for F-1 students.
• This interim-final rule became effective on
  4/8/08
• The comment period has ended as of 6/9/2008

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6 highlights of the Interim-Final Rule

• Changes to OPT filing periods
• Duration of employment authorization has been
  clarified
• New reporting requirements for the student and
  the employer
• Certain STEM degree holders can extend their
  current OPT period by 17 months
• Students with pending or approved H1B visa
  applications will have automatic employment
  extensions
• Post-Completion OPT now depended on employment

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Highlights broken down
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Changes to filing deadlines

• You are now eligible to file your application up
  to 90 days prior to the program end date noted on
  your I-20 and up to 60 days after completion of
  your program end

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Duration of employment clarified

• Your employment authorization will begin on the
  date requested or the date the employment
  authorization is adjudicated whichever is later
• Exception The 17-month extension period will
  begin the day after your current 12-month OPT
  period and end 17 months later regardless of
  when the extension is approved

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New reporting requirements

• All students on OPT are required to report to the
  ISSO
• Changes to your name and/or your address in the
  United States
• Changes in your employment and/or any
  interruption to that employment

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In addition

• All student with approved 17 month extensions
  must report in 10 days changes to
• Legal name
• Residential or mailing address
• Employer name and address
• Loss of employment
• All students on approved 17 month extension must
  also file a validation report to my office every
  6 months.

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STEM Extensions

• 17 month STEM extensions are only possible once
  per lifetime regardless of your degree level.
• This extension is granted in one 17 month period
  and cannot be split
• To qualify
• You must be on an approved Post-Completion OPT
  period
• You must have a degree in a STEM major as noted
  on the Department of Homeland Security STEM
  program list
• You must be working at an employer registered
  with the E-verify employee verification program
• You can view application procedures on the ISSO
  website at http//www.clarkson.edu/isso/Immigratio
  n_visa/f_opt.html

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Cap-Gap Extensions

• For any student on post-completion OPT and who is
  the beneficiary of a timely-filed H-1B petition
  requesting employment for the following fiscal
  year will have an automatic extension to their
  duration of status and work authorization
• This applies to all students on post-completion
  OPT regardless of major.

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Cap-Gap continued

• The extension begins the date the H1B application
  is filed not the receipt date
• The automatic extension terminates when USCIS
  rejects denies or revokes the H1B petition.
• In this case as long as you have not otherwise
  violated status you still have a 60 day grace
  period after the termination to depart the US
  change degree level transfer change to
  another visa status.
• Student under the cap-gap extension must submit
  to the ISSO a copy of their filed/approved H1B
  petition to have their I-20 corrected with
  employment authorization (This may change during
  the final rule)
• Students under the cap-gap extension still need
  to follow mandatory reporting of US residence and
  employer information

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Unemployment

• Post-completion OPT is now dependent upon
  employment in order to maintain status while on
  OPT students are now limited in the amount of
  time they can be unemployed.
• Student on the initial 12 month OPT period cannot
  accrue more than a total of 90 days of
  unemployment
• Students granted the 17-month STEM extension
  cannot accrue more than a total of 120 days of
  unemployment

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Unemployment continued

• Unemployment accruals begin the first day of
  approved Post-completion OPT
• Note unemployment does not accrue for those on
  pre-completion OPT
• Future benefits may be affected should you accrue
  more than 90/120 days of unemployment
• Therefore it is strongly recommended that you
  thoroughly document any period of unemployment
• It is not detailed in the regulations what is a
  day of unemployment therefore it is suggested
  you only count a typical business day and exclude
  weekends and holidays.

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How/When to apply
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What to do first

• Review OPT application procedures on the ISSO
  website www.clarkson.edu/isso (found under
  current F1 students employment)
• Discuss your completion plans with your advisor
  and obtain a letter from your advisor
  recommending OPT

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Basic application materials

• Once you discuss your plans with your advisor and
  have reviewed the information on the ISSO website
  gather the following materials before you make
  an appointment with my office.
• A letter from your advisor (for my office)
• ISSO OPT data sheet (for my office)
• Form I-765 completed and signed (blue ink)
• Two color passport photos
• All issued I-20s passport visa I-94
• OPT filing fee currently 340

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Please be sure you use a valid mailing
address. Note you can use my address
This is the code for post-completion OPT
-(c)(3)(B) STEM Ext (c)(3)(C) Pre-completion
(c)(3)(A)
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Timing when to apply

• Timing when you apply for OPT can be a difficult
  challenge considering new and updated OPT
  regulations. During our appointment we can get
  into various timeline scenarios. However
• While you can apply after you graduate please
  keep in mind that you cannot begin work until you
  have card in hand even if your employer makes
  arrangements for you to do so. It is a very
  serious consequence to engage in unauthorized
  employment
• Your 14-month clock begins from the program end
  date on your I-20. This means that you have 14
  months to complete your 60 day grace period and
  12 months of OPT
• CHECK CURRENT PROCESSING TIMES it is currently
  taking 2 ½ - 3 months to process.
• Consult my office on procedures if your
  application is pending more than 90 days.

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Travel while on OPT
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Travelling

• I have a detailed FAQ on travel on OPT please
  review.
• For all intents and purposes you are able to
  travel while your application is pending and in
  some cases when approved.

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You are able to travel when

• You have submitted an OPT application and your
  program has not ended
• You have a pending OPT application
• You have approved OPT and a job offer

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Caution should be exercised when

• Your OPT application has been approved and you do
  not have a job.

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Resources

• ISSO website www.clarkson.edu/isso
• Career Center you are eligible for career
  services. Please remember to review career
  services from their website at http//www.clarkson
  .edu/career/student_resources.html
• Specifically
• information on Knightlink (free to all students)
• EmployOn

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Questions?