12 Month Post-Optional Practical Training
Eligibility Criteria
You must have maintained your F-1 status for at least one academic year.
You must not have used more than 12 months of OPT in the past at your current degree level.
You do NOT need to have a job offer in order to apply for OPT, although once you are approved for OPT, you must find employment within 90 days of OPT start date.
Application Deadlines
Application can be submitted as early as 90 days before and 60 days after the completion date
OPT requires an application to the U.S. Citizenship and Immigration Services (USCIS). USCIS takes at least 3 months to process an application for OPT. Please plan accordingly - we recommend that you apply as early as possible.
Application Procedure
Your passport, I-94 card, and original I-20
A completed Form I-765
Your academic advisor's recommendation letter (A sample letter)
Two passport-style photographs, with your name, date of birth, and SEVIS ID number lightly printed on the back
Photocopies of any previously-issued Employment Authorization Document (EAD) cards, if applicable.
A check or money order for $340 made payable to United States Citizenship and Immigration Services (or USCIS). If paying by check, be sure that your name and address are printed on it.
After the OISS reviews the OPT application and recommends OPT, you must submit your OPT application to the U.S. Citizenship and Immigration Services (USCIS) within 30 days of OISS OPT Recommendation (see page 3 of I-20).
Processing Times
Processing times vary widely depending on the time of year, but USCIS takes at least 90 to 120 days to process this type of application. Approval is NOT guaranteed, and you may not begin employment unless you have received written approval from the USCIS. Written approval will come in the form of an Employment Authorization Document (EAD) card.
Mailing Application
Your application will be reviewed at the time of your appointment. After the application has been reviewed, you will be responsible for mailing your application via traceable mail (U.S. Post Office Express Mail, Fedex, etc.) to:
For courier/express deliveries:
USCIS
California Service Center
24000 Avila Road 2nd Floor, Room 2312
Laguna Niguel, CA 92677
Note that the USCIS/California Service Center may take 90 - 120 days to process your application. Within two to three weeks of submitting your application, you will receive a Notice of Action (I-797C) from USCIS/CSC. Please bring that form to OISS as soon as you receive it.
Please be advised that you must notify OISS immediately when you receive a Request for Evidence (RFE) from USCIS/CSC, as it is time-sensitive. OISS will provide assistance in all matters pertaining to RFE.
YOU MAY BEGIN WORKING ONLY AFTER YOU HAVE RECEIVED AN EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) FROM USCIS & ON THE START DATE INDICATED ON THE EAD.
……………………………………............................ During OPT ..............................................................
During your OPT period, you are responsible for abiding by all regulations pertaining to your status. Please review the following requirements.
Reporting Requirement
Students must report to confirm information listed below every 6 months, even if there are no changes.
For Student to DSO (Designated School Official) within 10 days of change:
Legal name
Residential/mailing address
Employer name & address
Termination of employment (either by choice or employer)
New Definitions of Employment
• Paid employment:
o Multiple employers. Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.
o Short-term multiple employers (performing artists). Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
o Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
o Self-employed business owner. Students on OPT may start a business and be self-employed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
o Employment through an agency. Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
• Unpaid employment:
Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.
Unemployment
If unemployed for more than 90 days during the 12 month period, you are considered to have violated your F-1 student status. Once you are in status violation, you no longer hold a valid F-1 student status, and must depart U.S. immediately.
Travel Issues
Under OPT, you may leave the U.S. for brief periods. Please ensure that you have the following documents for your re-entry:
OPT I-20 with a travel signature endorsed no more than 6 months (on page 3)
Valid F-1 visa stamp
Valid Passport
Valid EAD
Offer of employment or documentation of your job search
Please do not hesitate to call the OISS at (310) 338-2937 if you have questions.