Optional Practical Training (OPT) Application Guide: For F-1 International Students
Optional Practical Training (OPT) Application Guide: For F-1 International Students
Optional Practical Training (OPT) Application Guide: For F-1 International Students
Table of Contents
Traveling Abroad Applying for a Visa Frequently Asked Questions Sample EAD
Start Guide
Reporting Requirements
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Highlights
1. One year of OPT is available after completing each degree program at a higher level. For example, you may use 12 months of OPT after completion of your Bachelors, then your Masters and then your Ph.D. = 3 years total.
2. OPT is available both before or after completing a degree program. 3. A job offer is not required to apply for OPT. 4. The employment may occur anywhere in the U.S. 5. No special permission is needed from the USCIS or UCB to quit a job or change employers. However, you must notify Berkeley International Office of these changes at http://ssu.berkeley.edu/. 6. During the period of OPT, a student remains in F-1 status. 7. An extension of OPT is allowed for up to 17 months if at the time of the extension you have a degree in a Science, Technology, Engineering or Mathematics (STEM) field and your employer is enrolled in E-Verify. For more information, see our web page, 17Month STEM Extension.
Points to Remember
5. Once the OPT application is submitted to the USCIS, it is impossible to change your selected authorization dates.
6. Canceling the OPT application is very difficult and must be discussed with an Adviser at Berkeley International Office. 7. OPT can only be extended beyond 12 months in limited circumstances (see item #7 at left.)
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Types of OPT
Pre-completion OPT
Work permission before degree completion
Post-completion OPT
Work permission after degree completion
Comments
The amount of time you use for precompletion OPT will be deducted from your 12-month allowance. Part-time OPT is deducted from the 12 month limit at 50%. For example, if you work part-time for 4 months, only 2 months will be deducted. You will retain 10 months to use at another time. Students on Pre-completion OPT are not eligible for STEM Extension OPT or the H1B cap gap extension Curricular Practical Training, is a better option in most cases for working prior to your degree completion.
Application Deadlines
Pre-completion OPT
90 days before desired start date.
There is no minimum or maximum hours per week a student is required to work on pre-completion OPT.
Post-completion OPT
You can submit your application to the USCIS up to 90 days before the completion date of your program or 60 days after completion as long as you have not left the U.S. We recommend you apply as early as possible to avoid unexpected delays. For a definition of Completion of Program as it refers to OPT, see page 8.
Must not exceed 20 hours per week. Graduate student who have advanced to candidacy may work up to 40 hours per week.
Students must work an average of 20 hours per week during postcompletion OPT to be considered employed and maintaining F-1 status.
No more than 3 months of unemployment are allowed during the 12-month postcompletion OPT period. See Qualifying OPT Employment
Have you considered using Curricular Practical Training (CPT) instead? For most students, CPT is a
better option. It allows you to get work experience in your field of study without using any of the 12 months of OPT time. See our web site for a detailed description of Curricular Practical Training,
Have you been in F-1 status for one academic year? At UC Berkeley, one academic year means
enrollment for consecutive fall / spring or spring / fall semesters. You can count the time you spent at other U.S. schools in degree programs before you came to UC Berkeley as long as your SEVIS I-20 was transferred to UCB.
Will your job offer still be valid three months from now? Getting the OPT permit can take three months. If
Will you be completing your program of study at UC Berkeley within the next three months? The application for OPT cannot be submitted earlier than 90days before your completion date.
If you can answer yes to the questions on this page, you are ready to apply for OPT.
your employer is not willing to wait for you, then its not worth the effort to apply for OPT.
Yes!
Do you plan on applying for STEM extension or H1B cap gap extension? Only post-completion OPT
students are eligible for these two extensions. If you want to apply for either of these extensions, you must submit a second application for post-completion OPT.
Are you enrolled full-time this semester or authorized by Berkeley International Office to have a reduced course load? You must have approval from Berkeley International Office before you withdraw or for graduate students using Filing Fee.
No!
If you answer no to any of these questions, talk to a BIO Adviser about your situation.
If you plan to work part-time during a fall or spring semester, will you also be enrolled in full time courses? Are you willing to use some of the 12 months you are allowed for OPT? You will not have a full year of
OPT after you graduate if you choose to use some of it for pre-completion employment.
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Step 1
1. 2. 3.
Complete OPT Request Form Choose authorization dates Submit OPT Request Form to Berkeley International Office.
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The authorization dates you choose will be noted on your new OPT I-20 and cannot be changed. The dates will also be noted on your EAD.
The start date is the day on which the EAD becomes valid and you can begin working. The clock starts ticking on the start date whether you have a job or not. The end date is usually 12 months later, unless you request a shorter period of time or your application is approved 61 days or more after your program completion date. If you change your mind about your authorization dates.. You will NOT be able to adjust your OPT authorization dates once you have mailed your application to the California Service Center. Consider the authorization dates carefully before submitting your Request Form to the Berkeley International Office.
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Undergraduate Students
The last day of final exams of the semester your degree requirements are fulfilled.
Graduate Students
The day on which all degree requirements are fulfilled, such as filing the thesis or dissertation with the Graduate Division. If you do not have a research component to your degree program (such as in the MBA program or other professional schools), your completion date would be the last day of final exams of the semester your degree requirements are fulfilled.
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Jan 18
Feb
March
April
May 18
June 15
July 17
OPT start date must occur within the 60-day grace period
Points to Consider
You can submit your application to the USCIS up to 90 days before the completion date of your program or during the 60-day grace period after completion If you leave the US during your 60-day grace period and you havent applied for OPT, you lose your opportunity to apply for OPT The USCIS must receive your application no later than 30 days after your OPT I-20 has been issued or your application may be denied It can take 3 months or more to receive the EAD from the USCIS Your OPT start date can be no later than 60 days beyond your degree completion date You cannot start working until you have received the EAD and your start date is current If you receive the EAD before your start date has arrived, you cannot work until the start date (noted on the EAD). You cannot change your start date once the OPT I-20 has been mailed to the California Service Center. As long as you have applied for OPT, your F-1 status remains valid while you are waiting for the EAD even if there is a gap between your completion date and the start date of OPT. During this gap, you can remain in the U.S. or travel abroad and re-enter as an F-1. More details on traveling while on OPT are discussed on pages 25-26
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Timelines illustrating two common scenarios can be seen on the next page.
Jan 18
Feb
March
April
May 1st
May 18
June 15
Scenario 2: Student with no job offer submits his OPT application rather late
George doesnt have a job offer or time to search for one until after he finishes school. He chooses the latest date possible to start his OPT--July 17 --- which is the 60th day after his completion on May 18. He knows that he will be legal to stay in the U.S. as long as he has submitted the OPT application on time. He finally mails his OPT application on May 1. On July 17, George still hasnt received his EAD, so he cant work. George receives his EAD on August 1 and it expires the following year on July 16. George has lost 13 days of his 12 month OPT because his application was approved after the latest available OPT start date.
EAD received
Jan
Feb
March
April
May 1st
May 18
June 15
July 17
August 1st
August 15
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BIO Adviser
Your Name
Your Signature
the date
A new travel endorsement from the Berkeley International Adviser. Traveling while on OPT is allowed, with certain precautions. Details of travel-related issues are covered on pages 2526 of this Guide.
Your OPT must be sent to the USCIS no later than 30 days after the date of 1-20 issuance. If your I-20 is more than 30 days old, see an Adviser in BIO for instructions.
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Adviser
Adviser
Step 2
3.
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Form I-765
Photocopies of Your:
Photocopy of I-94
2 Photos
Use a personal check or money order made payable to U.S. Department of Homeland Security Make sure there is a name and address printed on the check (do not use the temporary checks often issued by the bank when you open a new account).
Your passport biographical information page and F-1 visa stamp or copies of the front and back of past EAD cards.
OPT photos need to be a certain size. See Page 19 of this Guide. Write your name and I-94 number on the back of each photo in case they get separated from your application.
*Optional.
We recommend you include these especially if you have used Curricular Practical Training (CPT).
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Form I-765:
Application for Employment Authorization
The I-765 is the USCIS form you need to submit with your OPT application. A sample I-765 form is shown here. Download the I-765 form can be downloaded from the USCIS web site. Important: You must always use the most current version of the I-765. It is best to download the I-765 right before you mail your application since the USCIS updates their forms frequently.
BE SURE THE BARCODE HAS PRINTED AT THE BOTTOM OF THE FORM I-765. If it has not printed, you need to download the form and use a different PDF viewer to print the I-765 with the bar code. USICS has created this form to be compatible with Adobe Acrobat Reader (The 'Preview' application on the Macintosh will NOT print this bar code properly).
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Items 3-11
Item #3: Address in the United States
The address you put here is where the EAD will be mailed. This address needs to be valid for at least 3 months, the length of time it may take to process your OPT application. If you think you might move in the months after you mail your application, use a reliable friend or family members address to receive your EAD. (Click your mouse again to see how to complete #3 if you are using an alternative address. C/O means in care of ) The address you put here must also be in California. If you are moving out of state, talk to an Adviser in Berkeley International Office about how to submit this application outside of California. The Berkeley International Office has direct contact with the California Service Center but cannot contact other centers directly.
(c) (3) (A) Pre-Completion OPT (c) (3) (B) Post Completion OPT (see sample here)
Please note : the code (c) (3) (C) should only be used for 17-month STEM Extensions of OPT for eligible students. You can apply for the STEM Extension only after your 12-month OPT EAD has been issued.
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Your Signature
The Date
Photo Specifications
The photos you are required to use for the OPT application must meet the specifications of U.S.style passport photos. To see a full description of these specifications, go to the U.S. Department of State web site. Most places that take passport photos are already familiar with the specifications. However, you may want to print this page, or the pages from the web site above to take with you when you get your photo taken.
1 inch to 1 3/8
Can eyeglasses be worn for the photo? Eyeglasses worn on a daily basis can be worn for the photo. However, there should be no reflections from the eyeglasses that obscures the eyes.Dark glasses or nonprescription glasses with tinted lenses are not acceptable unless you need them for medical reasons.
Write your name and I-94 number lightly on the back of each photo in case they get separated from your application.
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1 inch to 1 3/8
A well-composed photo Can hats or religious headgear be worn for the photo? Unless worn daily for religious reasons, all hats or headgear should be removed for the photo. In all cases, no item or attire should cover or otherwise obscure any part of the face.
Mailing Options
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Form I-765 (original) Photocopy of OPT I-20 (page 1-3). Dont forget to sign it ! Photocopy of I-94 card (both sides) Photocopy of previous EAD, if applicable Photocopy of your passport biographical page and F-1 visa stamp (if you have one) 2 Passport Photos (with name and I-94# written
lightly with pencil on back)
To receive an e-mail and/or a text message that your application has been accepted at USCIS, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.
Step 3
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A valid passport A valid F-1 visa stamp Your OPT I-20 with a valid travel endorsement signed on page 3 by an Adviser at Berkeley International Office. The travel endorsement is valid for 6 months while on OPT The OPT receipt- Notice of Action Evidence of financial support for the OPT period is strongly recommended (such as a bank statement or letter from sponsor or employer) If you have employment, a job offer letter from the employer is strongly recommended.
A valid passport A valid F-1 visa stamp Your OPT I-20 with a valid travel endorsement signed on page 3 by an Adviser at Berkeley International Office. The travel endorsement is valid for 6 months while on OPT The EAD (Employment Authorization Document) Evidence of financial support for the OPT period is strongly recommended (such as a bank statement or letter from sponsor or employer) A job offer letter is required.
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If you travel after getting your EAD, you must have a job offer letter to be able to re-enter the U.S.
Dont leave the U.S. for long periods of time during the OPT year. A few weeks of vacation is reasonable, but if you are gone for several months, you may encounter difficulty in re-entering. Remember, unemployment is limited to 90 days. Be careful about trying to re-enter the U.S. close to the expiration date of your OPT. You may not be allowed to re-enter as an F-1. Students who need to apply for a new visa should consult Berkeley International Office prior to travel to discuss the visa application process and possible risks.
Check the U.S. Department of State web site for more information about getting a visa at www.travel.state.gov.
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Dont attempt to re-enter the U.S. in a status other than F-1 unless you are willing to forfeit your OPT permanently.
I lost my EAD. How can I get it replaced? If you lose your EAD the
only way to replace it is with a new EAD application. You must submit the same items as the initial application to USCIS (fee, photos, forms, etc.) and it will take 3 to 5 months. It is impossible to replace an EAD if you are outside the U.S. My EAD says not valid for re-entry on it. Does that mean I cannot travel abroad and re-enter on OPT? All EADs are marked with this notation. It simply means that you must carry other documents to show proof of your eligibility to re-enter the U.S. such as your I-20 and valid F-1 visa stamp. The EAD alone is not enough to re-enter the U.S.
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Do I need to complete any forms with my employer to begin working? Yes. Within the first three days of beginning work you and your
employer must complete a form entitled Employment Eligibility Verification (Form I-9). This form will be kept on file by your employer and must be updated each time you receive a renewal of your work permission. Your employer will provide this form and assist you in its completion.
I have been unemployed for 80 days. What is going to happen on the 90th day?
If you accumulate 90 days or more of unemployment, you are in violation of status which may affect your ability to travel in and out of the US in F-1 status, future immigration benefits, and change of status applications. To avoid the status violation, you may do one of the following before the 90th day: 1. Secure unpaid or volunteer work related to your field of study at least 20 hours per week; 2. Request a transfer out of your I-20 to a new school; 3. Leave the US and report your departure date at http://ssu.berkeley.edu For more information on the 90 day unemployment rule, please see OPT Unemployment Allowances on the Berkeley International Office website.
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Do I need to do anything with the Berkeley International Office while on OPT? Yes. As a condition of your F-1 status, all
students must report any changes in address and employment information on the following website within 10 days of any changes: http://ssu.berkeley.edu/
What status do I have between my degree completion date and the start of my OPT (EAD start date)?
If you have chosen a start date well after your degree completion date, you will still remain in F-1 status. Even though there seems to be a gap in your status, you are still legally allowed to remain in the U.S. or re-enter the U.S. from abroad during this time.
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The following information must be reported to Berkeley International Office at http://ssu.berkeley.edu during the OPT period of authorization:
Employer name
Employer address Start Date of Employment More than 10 days of unemployment (During the initial 12-month OPT, students may not accrue a cumulative total of more than 90 days of unemployment. Periods of up to 10 days between the end of one job and the beginning of the next job will not be included in the calculation for the time spent unemployed.) Date of exiting the U.S (You need to provide date of exit if you decide to exit the U.S and complete your OPT status prior to the end date of your OPT) You will also be required to update this information within 10 working days of any changes.
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