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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

 

  • 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.

  • Students must have been in F-1 student status for a minimum of one academic year.

  • 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:

  • All I-20 forms that have been issued to you either by the University of Hartford or another educational institution.

  • A current I-20 AB form to be endorsed by the AD to reflect that Practical Training is recommended for the student.

  • A completed and signed CIS form I-765

  • A completed, signed and endorsed CIS form I-538

  • Two passport type personal photographs, in color and white background. Photo's should measure 2  X  2  inches. 

  • 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"  

  • A copy of your "Degree Application" that was submitted to the Registrar's Office.

  • Departmental Recommendation Form for Practical Training

  • 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.

  • Photocopy of all "identifying" pages of your passport including the U.S. visa page.

  • Photocopy of the front and back of the I-94 "Arrival/Departure record."

  • 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
 

  • 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).
     

  • 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. 
     

  • 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.
     

  • 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.
     

  • 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. 
     

  • 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. 
     

  • Students will be required to complete an I-9 Form for their employer within 3 days of the start of work.
     

  • 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
     

  • Students completing our ELI program may not participate in Post-Completion Practical Training.
     

  • 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

  • you have obtained the EAD card (you may not begin employment if your OPT has been approved but you have not yet received the EAD in the mail)

  • the start date on the card has been reached.

 

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):

  • Paid employment: Students authorized for post-completion OPT may work part time (at least 20 hours per week) or full time.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

 

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”

  • Unemployment time is counted each day during the OPT dates indicated on the EAD.

  • 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.

  • 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.

  • 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.

  • 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”:

  • 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.

  • 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.

  • 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.

  • 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.
  • 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.
  • 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

  • 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).

  • 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

  • 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:
    • Actuarial Science. CIP Code 52.1304.
    • Computer Science Applications:
      • CIP Codes 11.xxxx (except Data Entry/Microcomputer Applications)
      • CIP Codes 11.06xx
    • Engineering. CIP Codes 14.xxxx.
    • Engineering Technologies. CIP Codes 15.xxxx.
    • Biological and Biomedical Sciences. CIP Codes 26.xxxx.
    • Mathematics and Statistics. CIP Codes 27.xxxx.
    • Military Technologies. CIP Codes 29.xxxx.
    • Physical Sciences. CIP Codes 40.xxxx.
    • Science Technologies. CIP Codes 41.xxxx.
    • Medical Scientist (MS, PhD). CIP Code 51.1401

 

  • Other requirements for 17-month extension. Additional requirements for the 17-month extension include:
    • 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.
    • 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.
    • Student must have a job offer from an employer registered with the E-Verify employment verification system.
    • The student has not previously received a 17-month OPT extension after earning a STEM degree.
    • 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.
    • Student will have to apply for the 17-month extension on Form I-765 with fee.
    • 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.
    • 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.

 

  • 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.
  • 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.
  • Duration of employment authorization
    • Employment authorization will begin on the date requested or the date the employment authorization is adjudicated, whichever is later.
    • 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.

 

  • Reporting Requirements while on OPT
    • All students on OPT are required to report to the DSO:
      • any change of name or address, or
      • any interruption of such employment
    • In addition, students with an approved 17-month OPT extension:
      • Must report to the student's DSO within 10 days of any change of:
        • legal name
        • residential or mailing address
        • employer name
        • employer address, and/or
        • loss of employment.
      • 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.

 

  • Limited Periods of Unemployment to Maintain Status
    • During post-completion OPT, F-1 status is dependent upon employment.
    • 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.
    • 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.

 

  • 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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