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F-1
Post Completion Practical Training and STEM Program
Upon the completion of a degree or
certificate program, international students who possess an F-1 visa may be
eligible to apply to the Citizenship and Immigration Service for authorization
to participate in a program-related work experience. Under this provision,
international students must meet certain Federal government and University of
Hartford requirements to be eligible. Information posted here is current as of
09/01/2009 but is subject to change by the CIS at anytime. Please check with
the International Center for the most up to date information.
Immigration and University
Guidelines for Participation
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Students must
intend to complete all the course requirements of their degree or certificate
program (including thesis or recital) before a recommendation may be granted by the Associate Director of
the International Center (AD) for a particular graduation cycle.
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Students must have been
in F-1 student status for a minimum of one academic year.
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Students may apply for a Practical
Training recommendation from the AD and employment authorization from the
Immigration Service 90 days prior to the completion of a program of study to
60 days following program completion.
Completion of "course of study" is typically defined as the "last day of
your last final exam" not the official University date of graduation
(i.e. commencement). The CIS
requires receipt of your training request within that application period. Any requests
submitted to the AD after the application period will be rejected for submission to the
CIS. Students are not required to have an employment offer to request
Practical Training. A student will
be granted a 12 month training period if found eligible for Practical
Training by the CIS. Students who have received CIS permission for
Practical Training, and who have not yet secured employment, must be
employed within 90 days of the start of your Practical Training period.
Filing Procedures
Students who wish to participate
in a Post-Completion Practical Training experience must request a recommendation
from the AD and authorization from CIS.
The
following documentation is required to process a request:
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All I-20 forms that have
been issued to you either by the University of Hartford or another
educational institution.
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A current I-20 AB form to
be endorsed by the AD to reflect that Practical Training is recommended
for the student.
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A
completed and signed CIS form I-765
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A completed, signed and
endorsed CIS form I-538
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Two passport type
personal photographs, in color and white background. Photo's should measure 2 X 2 inches.
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The CIS charges a $340
fee (effective 7/30/2007) that must accompany this application. The
fee must be paid in the form of a personal check, bank draft, or money
order (cash is not accepted by CIS). Your check must be made out to
"U.S. Citizenship and Immigration Service"
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A
copy of your "Degree Application" that was submitted to the Registrar's
Office.
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Departmental Recommendation Form for Practical Training
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A written statement from
the student requesting a Practical Training work authorization from the
International Center, including a description of the type of employment
the student wishes to participate in.
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Photocopy of all
"identifying" pages of your passport including the U.S. visa page.
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Photocopy of the front
and back of the I-94 "Arrival/Departure record."
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An individual who must
register under the NSEERS call-up Registration must show proof that they
did, in fact, register. This should include a copy of both sides of the
I-94; the back will show a notation regarding registration and an "IFN
#". The student should also write a brief letter stating the date and
location of registration.
Process
The AD will review all
documentation. The AD will also endorse the student's I-20 AB form to indicate
that Practical Training is recommended and the date that the training will
commence. Students will be instructed to mail (certified mail recommended) to
the Vermont Service Center of the CIS (jurisdiction over the University of
Hartford) the documents required by the CIS for Practical Training approval.
The request packet should include a newly endorsed I-20 Form, a completed and
signed I-765 form, a photocopy of your signed I-538 form, photocopies of all
previously issued I-20 forms, photocopies of your passport, US visa and I-94
card, a check for $ 340 made out to the "U.S. Citizenship and Immigration
Service," two photographs (signed on the reverse side, including your name, SEVIS ID
number and birth date), and a letter from the student requesting Practical Training approval.
Upon approval of a student's request, the CIS will return an Employment
Authorization Document (EAD) the student.
It will typically take the INS
8-12 weeks to process a request. Upon receipt of the card, students are
required to present this document to the International Center so it may be
copied and placed into their University record. Students who have employment
offers may begin to work once the Immigration Service has issued the EAD (but in
no case before the completion of studies). CIS regulations state that a student
may not appeal a denial of a Practical Training request issued by the service.
The CIS Service Center located in
St. Albans, Vermont (the office that will review all Practical Training requests
for students residing in Connecticut) may require up to 8 weeks or more to
adjudicate a Practical Training request. Regardless of the time it takes the
CIS to complete the process, students may not begin employment until they
have been issued an Employment Authorization Document by the Service Center.
Note
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The University cannot
guarantee the approval of a Practical Training experience for any
international student. Final authorization may only be granted by the
CIS, provided the student meets all requirements and is found eligible (the
University may only recommend, not authorize Practical Training to
CIS on a student's behalf).
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Securing employment is the
responsibility of the student. The International Center is not obligated
nor will it officially seek employment opportunities for individual
international students.
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Students may apply for a
Practical Training recommendation from the International Center and
employment authorization from CIS 90 days prior to the completion of a
program of study. Completion of "course of study is typically defined as
the "last day of your last final exam, not the official University day of
graduation. The CIS requires receipt of your training request by that
date. Any requests submitted to the International Center after that date
will be rejected for submission to the CIS.
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The maximum amount of time
granted for post-completion Practical Training is 12 months. Generally, students
may be authorized only one twelve-month training period although a student
may be eligible for a second period of training following the completion of
a new program of study. The new program must be at a higher level than the
previous program, i.e. bachelor to masters, or masters to doctorate.
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On and Off-campus employment
positions held by students while enrolled at the University will not
generally affect the 12 month Practical Training benefit. Students who have
engaged in a full-time Curricular Practical Training experience (CO-OP or
internship) prior to graduation for 12 months or more, will be prohibited
from engaging in Practical Training following graduation. In some
instances, Curricular Practical Training may be deducted from the 12-month
training allowance. Please speak with the International Center if you have
been employed under a COOP arrangement or participated in an off-campus
internship.
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Students will be required to
secure a Social Security number that is valid for employment. Students may
be required to pay Federal and State income taxes based on the amount of
earned income. Generally, students are not required to pay Social
Security taxes while employed under the F-1 visa category, though if you
have been in the U.S. for five or more years you may be subject to the tax.
International students are advised to become familiar with Federal and State
laws regarding the payment of income and social security taxes.
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Students will be required to
complete an I-9 Form for their employer within 3 days of the start of work.
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Generally, students who have
requested Practical Training should not travel outside the United States
until they have been granted employment authorization and have been issued
an Employment Authorization Document by the CIS. In addition students are
required to have a written document specifying that they either are
currently employed or are being offered employment. This letter must be on
company letterhead.
Students who leave the U.S. following their completion of studies without
obtaining their EAD card from the CIS or a letter of employment, may risk
difficulty re-entering the U.S. to pursue Practical Training. You should
speak with the International Center about your travel plans before they are
made to insure there are no potential problems with your travel arrangements
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Students completing our ELI
program may not participate in Post-Completion Practical
Training.
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Though a student may no longer
be enrolled in a program of study, the University still maintains certain
reporting requirements to the CIS. The CIS considers a relationship to
exist between the student and the University of Hartford while that student
participates in a Practical Training experience; for example, students on
Practical Training are still required to obtain a current signature from the
Center for travel and must report any change of local or permanent address
to us within ten days.
Practical Training Sample Letter
An F-1 International Student who wishes to participate in a
post-completion Practical Training work experience is required to submit a
written request to the International Center for its recommendation to the
Immigration Service. In writing this letter you may wish to follow the
suggested format below.
Date
Citizenship and Immigration Service
Vermont Service Center
St. Albans, VT 05479-9765
RE: Request to participate in
Post-Completion Practical Training
To whom this may concern:
My name is (insert),
and I am currently enrolled as a full-time student at the University of
Hartford. I am a matriculated student in the (name of degree program)
and will complete my course of study on (insert date). I wish to
apply for Post-Completion Practical Training work authorization.
This
second paragraph should explain why you wish to apply for Practical Training,
what type of training you are interested in receiving, and how this training
will benefit you when you return home.
Please grant my request for
Practical Training, so I may have the opportunity to apply the theory learned in
class to the realities of a work environment. Upon completion of my Practical
Training, I intend to return my home country, (insert country name).
Sincerely,
Your Name
Your Address and Phone
Number
General Information
Once your application is
approved, USCIS will issue you an EAD. Make a copy of your EAD and write your
UofH ID somewhere on the page. Scan and email to
lazzerini@hartford.edu with a note
indicating you applied for OPT and have received your EAD.
Your F-1 status continues
through the OPT period.
You must stop your employment
when the end date on the EAD card is reached, but may remain in the U.S. for the
60-day grace period.
You may begin working once
The EAD is not employer
specific, so you may change employers at will. However, employment must be
directly related to your field of study. Any employment outside your field of
study is unauthorized and is a substantive violation of your status.
OPT
Employment Requirements and Reporting
You are
expected to be employed in your field of study during OPT, and you are required
to submit employer information to SEVIS. The maximum period of unemployment is
90 days.
Documenting OPT Employment
It is
recommended that you keep documentation of all your employment. In the future,
you may be asked to provide proof that your employment during OPT was in your
field of study. Specifically, you should maintain evidence — for each job — of
the position held, proof of the duration of that position, the job title,
contact information for your supervisor or manager, and description of the work.
If it is not clear from the job description that the work is related to your
degree, we highly recommend that you obtain a signed letter from the employer's
hiring official, supervisor, or manager stating how your degree is related to
the work you performed. Keep this in your personal records.
Types of employment allowed during pre- and post- completion OPT
All OPT
employment, including post-completion OPT, must be in a job that is related to
your degree program. This employment may include the following (does
not apply to students on a
STEM
extension):
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Paid employment:
Students authorized for post-completion OPT may work part time (at least 20
hours per week) or full time.
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Multiple employers:
Students may work for more than one employer, but all employment must be
related to the student's degree program. Employment during pre-completion
OPT cannot exceed the allowed per week cumulative hours.
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Short-term multiple
employers (performing artists):
Students who are 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.
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Work for hire:
Work for hire means that an individual performs a service based on a
contractual relationship rather than an employment relationship. It is
sometimes called “1099 employment” because people who “work for hire”
receive Internal Revenue Service Form 1099-MISC – which shows how much money
was earned for a particular year – from the contracting company. 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.
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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.
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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.
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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.
Reporting Employment
Students
are required to report changes in employment to the International Center as soon
as possible. We recommend that you report changes within 10 business days of the
change to avoid situations where a DHS official may determine you to be out of
status.
Periods of Unemployment
Students on
post-completion OPT are only allowed a total of 90 days of unemployment.
What counts as “unemployment
time”
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Unemployment time is counted
each day during the OPT dates indicated on the EAD.
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Students who have OPT
extended due to the cap gap provisions continue to accrue unemployment time
and are subject to the 90-day limitation on unemployment.
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If you have a job offer that
begins more than 90 days after your OPT begins, you will exceed your
allowable unemployment time. Receiving a job offer within the 90 days is not
sufficient; you must be employed in one of the employment types listed
above.
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If you travel outside of the
United States while unemployed, the time spent outside the United States
will count as unemployment against the 90 day limit.
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Permanently leaving the U.S.
without notifying the International Center may result in the accidental
accrual of unemployment. For this reason, you must contact the International
Center if you decide to abandon your OPT.
What does not count toward
“unemployment time”:
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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 time spent unemployed.
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If you travel abroad while
employed either during a period of leave authorized by an employer or as
part of your employment, the time spent outside the United States will not
count as unemployment.
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Days of unemployment that
occurred before April 8, 2008.
Consequences of exceeding
allowable period of unemployment:
If you exceed the allowable period of unemployment while on
post-completion OPT, you are considered to have violated your status.
If you
cannot find employment that meets the definition of OPT employment, you may have
the following options:
- Apply
to the University of Hartford or another university to continue your
education by a change of level or transferring to another institution. See
"Starting a New Program"
below.
- Depart
the United States (be sure to notify the Center if you
abandon
your OPT and
leave)
- Change
status to another legal status if possible
Ending OPT Early / Abandoning OPT
If you
decide to abandon your OPT before the end date of your EAD and leave the U.S.,
you must notify the International Center so we can end your SEVIS record. Please
send an email to
lazzerini@hartford.edu
telling us that you have decided to abandon your OPT and the date you plan to
depart the United States. We will end your SEVIS record effective the date you
indicate you plan to leave the U.S. or the date you notify us, whichever is
later.
Starting a New Program — at UofH or at another Institution
During the
period you are authorized for OPT; you may decide to apply to another academic
program, either at UofH or another University. Once you are admitted to another
degree program, it is important to discuss the situation with an advisor at the
International Center, as the issuance of a new I-20 will effect/terminate your
OPT. Please call the Center to request an appointment. If you are admitted to a
degree program at another University, the International Center must transfer
your I-20 to that institution so they may issue a new I-20 for you.
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Admission to UofH for a new
degree program/change of level.
Once you have been admitted to a new degree program at UofH, the Center will
issue a new I-20 to you. The issuance of this new I-20 does not end your OPT
immediately. Your EAD is terminated as soon as you enter the U.S. with the
new I-20 or you check-in for the new program, whichever is earlier.
Either one of these events will activate your SEVIS record for the new
degree and deactivate your OPT SEVIS record. This means you must immediately
stop employment regardless of the card's appearance of validity if you
reenter with your new I-20 or check-in at the Center.
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Transfer to another school
in the U.S. in order to begin a new degree program.
Authorization for OPT is not transferable. Your authorization for OPT ends
on the transfer release date. If you wish to complete OPT, set the release
date for a date after the OPT ends. You can set the transfer release date to
occur during the 60-day grace period following post-completion. On your
transfer release date, you must stop employment regardless of your EAD
card's appearance of validity.
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In
order to maintain your F-1 status, a new I-20 for change of academic level,
new degree program, or transfer must be issued before the end of your 60 day
grace period.
Change of Status during OPT
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If you
change your immigration status (e.g. from F-1 to H-1B, F-2, or J-1) during
the period of your OPT your OPT ends on the effective date of the USCIS
action notice and any unused OPT time is lost (you cannot have both F-1 OPT
status and another status at the same time, nor can you return to OPT if
your new status is terminated for any reason).
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The
University of Hartford is required to notify SEVIS of your new status and
requests that you notify the International Center immediately. To officially
record your new status, the Center will need a copy of the approval notice
you received from USCIS. You can get this information to the Registrar's
Office in one of two ways:
- Please
mail a letter which includes your name, your current status, your UofH ID
number and your signature asking for an update on your visa status. Include
with the letter a copy of the documentation you received from USCIS.
Travel outside the U.S. and Reentry
You may
travel outside the United States, for instance to visit your home country, once
you have received your EAD authorization from CIS and either have employment or
have been offered employment,. You must carry a current letter stating that you
are currently employed or when you will be employed by your employer. You must
also have your I-20 signed by the International Center prior to leaving the
country. If your F-2 dependents travel outside the U.S. and reenter without you
during your OPT period, they should carry their own original documents along
with photocopies of all the documents you are required to carry for reentry.
29 Month Post Completion Practical Training Rule /STEM Program
On April 3, 2008, the Office of Management and Budget (OMB) finished reviewing
an interim final rule on Optional Practical Training (OPT). On April 4, 2008,
DHS provided an advance copy of the rule. The rule will not become effective
until it is published in the Federal Register, which is expected to happen
sometime during the week of April 7.
Summary of Key Provisions
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OPT extension to 29 months
for STEM students. The 12 month limit on F-1 Optional Practical Training (OPT) will
be extended by 17 months, for a total of 29 months, for certain STEM degree
holders (Science, Technology, Engineering, Mathematics) in the following
fields:
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Actuarial Science. CIP
Code 52.1304.
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Computer Science
Applications:
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CIP Codes 11.xxxx
(except Data Entry/Microcomputer Applications)
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CIP Codes 11.06xx
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Engineering. CIP Codes
14.xxxx.
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Engineering
Technologies. CIP Codes 15.xxxx.
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Biological and
Biomedical Sciences. CIP Codes 26.xxxx.
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Mathematics and
Statistics. CIP Codes 27.xxxx.
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Military
Technologies. CIP Codes 29.xxxx.
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Physical
Sciences. CIP Codes 40.xxxx.
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Science
Technologies. CIP Codes 41.xxxx.
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Medical Scientist (MS,
PhD). CIP Code 51.1401
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Other requirements for
17-month extension.
Additional requirements for the 17-month extension include:
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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.
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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.
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Student must have a job offer from an employer
registered with the
E-Verify employment verification system.
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The student has not
previously received a 17-month OPT extension after earning a STEM
degree.
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The DSO must recommend
the 17-month OPT extension in SEVIS, after verifying the student's
eligibility, certifying that the student's degree is on the STEM
Designated Degree Program List, and ensuring that the student is aware
of his or her responsibilities for maintaining status while on OPT.
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Student will have to
apply for the 17-month extension on Form I-765 with fee.
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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.
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The employer must agree
to report the termination or departure of the student to the 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.
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H-1B cap-gap
extension of D/S and work authorization until October 1.
Duration of status and work authorization will be extended for a student on
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.
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I-765 filing window.
Under the current rule, the I-765 must be filed no later than the student's
program end date, and it is not specified how soon before the program end
date the application can be filed. Under the new rule, a student will be
able to file his or her I-765 up to
90 days prior to his or her program end date,
and up to 60 days after his
or her program end date.
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Duration of employment
authorization
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Employment
authorization will begin on the date requested or the date the
employment authorization is adjudicated, whichever is later.
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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.
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Reporting Requirements
while on OPT
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All students on OPT are
required to report to the DSO:
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any change of name
or address, or
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any interruption of
such employment
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In addition, students
with an approved 17-month OPT extension:
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Must report to the
student's DSO within 10 days of any change of:
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legal name
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residential or
mailing address
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employer name
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employer
address, and/or
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loss of
employment.
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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.
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Limited Periods of
Unemployment to Maintain Status
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During post-completion
OPT, F-1 status is dependent upon employment.
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Students may not accrue
an aggregate of more than 90 days of unemployment during any
post-completion OPT carried out under the initial post-completion OPT
authorization.
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Students granted a
17-month OPT extension may not accrue an aggregate of more than 120
days of unemployment during the total 29 month OPT period.
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F-1 students currently in
the United States will also be able to take advantage of the rule's new provisions
once they become effective.
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