Q: What is optional practical training?
A: Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.
Pre-completion OPT: An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.
Post-completion OPT: An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study.
Q: What is the application process to participate in pre- or post-completion OPT?
A: Students must initiate the process by requesting the Designated School Official (DSO) at their academic institution to recommend the OPT. The DSO makes such recommendations by endorsing the student’s Form I-20 and by making an appropriate notation in SEVIS, the system used to track F-1 students. Students then file Form I-765, Application for Employment Authorization Document (EAD), with U.S. Citizenship and Immigration Services (USCIS). If approved, USCIS will issue an EAD to the student. The student may begin engaging in pre- or post-completion OPT only after an application has been approved and an EAD has been issued.
Q: My OPT will expire soon. Can I file my OPT extension anytime before the expiration date or has to file the application 90 days in advance?
A: Students may apply for an OPT extension at any time prior to the expiration date of their current OPT period.
Q: How much is the filing fee for OPT?
A: USCIS charges $340 when an applicant files a Form I-765 for optional practical training.
Q: Is there additional post-completion OPT available to students working in the high-tech industry?
A: F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension. This extension of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be filed in two successive fiscal years.
Q: What are the eligible STEM degrees?
A: To be eligible for the 17-month OPT extension, a student must have received a degree included in the STEM Designated Degree Program List. This list sets forth eligible courses of study according to Classification of Instructional Programs (CIP) codes developed by the U.S. Department of Education’s National Center for Education Statistics (NCES). The STEM Designated Degree Program List includes the following courses of study:
Computer Science Applications Biological and Biomedical Sciences Actuarial Science Mathematics and Statistics Engineering Military Technologies Engineering Technologies Physical Sciences Science Technologies Medical Scientist
The STEM degree list is included in the preamble to the interim final rule and will be posted on the ICE website.
Note that to be eligible for an OPT extension the student must currently be in an approved post-completion OPT period based on a designated STEM degree. Thus, for example, a student with an undergraduate degree in a designated STEM field, but currently in OPT based on a subsequent MBA degree, would not be eligible for an OPT extension.
Q: Is the filing of OPT extension necessary if I file a H-1B earlier in the year?
A: The F-1 status of students is automatically extended when the student is the beneficiary of an H-1B petition for the next fiscal year (with an October 1 employment start date) filed on his or her behalf during the period in which H-1B petitions are accepted for that fiscal year. The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition. If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition. The student may benefit from this provision only if he or she has not violated his or her status.
Q: Can I still work during the gap of the expiration of my OPT and the start date of my H-1B (Oct.1st) after the filing of my H-1B?
A: So long as your H-1B is approved. If the H-1B petition filed on behalf of the student is selected, the student may remain in the United States and, if on post-completion OPT, continue working until the October 1 start date indicated on the approved H-1B petition.
