Optional Practical Training

This type of authorization requires an application to United States Citizen and Immigration Services (USCIS) after approval from International Experiences. The process can take 90 days or more to receive the work authorization permit. There is a limit of 12 months of full time OPT unless you qualify for STEM OPT.

Application

You can apply as early as 90 days before you complete your program. The latest USCIS can receive your application is 30 days after the program completion date. OPT applications must be submitted to USCIS within 30 days of receiving the OPT I-20. Make an appointment with International Experiences and bring the documents listed below at the time of your appointment.

Application Requirements:

• OPT Request Form and Instructions
• OPT Application
• OPT Photos (IE can take and print your passport-size photos for a fee of $10.00)
• I-20 copy
• Visa copy
• Passport copy
• I-94
• Money order or check in the amount of $410.00 (made payable to "U.S. Department of Homeland Security")

Points to Remember

• One year of OPT is available after completing each degree level of program.
• A job offer is not required to apply for OPT, however, once you find a qualifying job (see Qualifying Employment for more information), you must notify International Experiences within 10 days. See OPT Employer Reporting Requirements
• More than 90 days of unemployment during OPT is a violation of status and your OPT will automatically be terminated. See below for OPT Employment Allowance
• The employment may occur anywhere in the U.S. If you are an F-3 visa holder you cannot reside in the U.S., therefore you are limited to the location of employment.
• During the OPT period, a student remains in F-1/F-3 status since OPT is considered to be part of the program of study.
• Once USCIS receives your OPT application, it can be extremely difficult to change the employment start and end dates.
• You can submit your application to USCIS up to 90 days before the completion date of your program or during the 30 day grace period after completion, assuming you have not departed the U.S. during the grace period.
• OPT applications must be received by USCIS within 30 days of receiving an OPT I-20 from the International Experiences.
• Once you complete your degree, you cannot work on-campus or off-campus until your selected start date and you have the Employment Authorization Document (EAD) in your possession.
• No special permission is required to change employers or terminate your employment, however, you must notify International Experiences of your unemployment and/or new employer's information at OPT Reporting Requirements.
• The average USCIS processing time to issue the Employment Authorization Document (EAD) is 90 days. Visit Current Case Status for the most up to date processing times of your EAD card. An OPT application cannot be expedited.
• OPT can only be extended beyond 12 months (for up to 17 additional months), if you meet the following three conditions:
  • OPT is based on a U.S. Bachelor's, Master's, or Doctoral in a STEM major (Science, Technology, Engineering or Mathematics) at the time of application for the extension
  • The employer is enrolled in E-Verify
  • The OPT is currently authorized and the student is working in a job related to the field of study
• OPT is available both before and after completing the degree program.

24-Month Extension of OPT

Students who have received a U.S. Bachelor’s, Master’s, and Doctoral degrees in a STEM (science, technology, engineering, mathematics) , are eligible for a one-time, 24-month extension of post-completion OPT (for a total eligibility of up to 24 months). Visit STEM Extension OPT for more information.

Reporting Requirements

Reporting your employment to USCIS is crucial. You will report your employment using the SEVP portal. You will receive an email with instructions on creating a portal account to your TAMIU email account. This email will come from do-not-reply.sevp@ice.dhs.gov. If you do not see the email, check your spam or junk mail folder. If you still do not see it, contact our office to have the email sent again.

The SEVP Portal will allow you to:

• View details about your post-completion OPT.
• Report changes to your address, telephone and employer information.
• View and update data on all your employers in one place.
• The SEVP Portal User Guide which provides screenshots and detailed step-by-step instructions for using the portal.
• SEVP Portal videos.
• A useful one-page reference sheet on the portal.

Any data updates you make in the portal will be sent directly to the Student and Exchange Visitor Information System. We will not be automatically notified if you update your employer information. If you update your OPT and you would like an updated I-20, you will need to send an email with your request to international@tamiu.edu .

You will have a 60-day grace period after the end date on your OPT card to maintain your SEVIS record active. You can request to transfer out to another SEVIS approved institution, begin a new program of study at TAMIU, or depart to your home country. If you obtained a SEVP approved STEM degree, then you may qualify to apply for STEM OPT. You must apply for STEM OPT before your current OPT expires.

You are required to update this information within 10 days of any changes. Students who fail to report this information as required will be in violation of their F status and may jeopardize their opportunities for future benefits in the United States.

Types of Qualifying Employment

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:

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.

Students should maintain evidence for each job: the position held, duration of that position, the job title, contact information for the student’s supervisor or manager, and a description of the work. Students must always report employment at OPT Reporting Requirements.

OPT Unemployment Allowance

What are the limits of unemployment?

• Students on post-completion OPT may not accumulate more than 90 days of unemployment or you will be out of status.
• Students who receive a STEM extension are given an additional 30 days of unemployment for a total of 120 days of unemployment over their entire post-completion OPT period.
• Students who have OPT extended due to the H-1B cap gap provisions continue to accumulate unemployment time and are subject to the 90-day limitation on unemployment.

What counts as time unemployed?

• Each day (including weekends) during the period when OPT authorization begins and the student does not have qualifying employment counts as a day of unemployment. OPT authorization begins on the employment start date shown on the student’s EAD.

How does travel outside the US impact the period of unemployment?

• If a student travels outside of the United States while unemployed during the approved period of OPT, the time spent outside the United States will count as unemployment against the 90/120-day limits.
• If a student travels while employed either during a period of leave authorized by an employer or as part of their employment, the time spent outside the United States will not count as unemployment.

What happens if the student exceeds the period of unemployment?

A student who has exceeded the period of unemployment while on post-completion OPT has violated his or her status unless he or she has taken one of the following actions:

• Requested a change of level or transfer from International Experiences (prior to the 90-day limit)
• Departed the U.S. and has reported the exit date on the OPT Reporting Requirements
• Taken action to otherwise maintain legal status (e.g., change of status)

Beginning a New Program of Study While on OPT

Beginning a full-time program of study while on OPT is NOT allowed.

If a student has been admitted to a full-time degree program while on OPT, the remainder of the OPT (if any) must be forfeited before beginning classes at the new school. In order to maintain F-1 status and remain in the U.S., a student must do one of the following:

1. Request transfer of F-1 record if admitted to a school different from the school that recommended the OPT.
   • This must be done before the end of the 60-day grace period following the OPT end date.
   • We recommend that students speak to the International Student Advisor at the new school about this process.
2. Request an I-20 for a "change of level" if returning to the same school that recommended the OPT.
   • If the OPT was recommended by TAMIU, contact an advisor before the new program begins or the OPT expires, whichever is earlier.

Forms

OPT Presentation

OPT Application

OPT Request & Instructions

OPT Reporting