International Student Services
International Programs Office at Benedictine University

Off-Campus Employment

APPLYING FOR F-1 OPTIONAL PRACTICAL TRAINING

What is Optional Practical Training?

Optional Practical Training (OPT) is temporary employment authorization that gives F-1 students an opportunity to apply knowledge gained in the classroom to a practical work experience off campus. The maximum amount of time granted to work on F-1 OPT status is 12 months per degree level. You may use some or all of the available 12 months of practical training during your course of study or save the full 12 months to use after you complete your studies. Authorization for OPT is granted by the U.S. Citizenship and Immigration Service (USCIS) - formerly known as the Immigration and Naturalization Service or INS - and can take at least 90 days and frequently up to 120 days to obtain. You should apply NO LATER THAN your graduation day or if you are an advanced graduate student, NOT LATER THAN the last day that you are registered as a student. It is important that you apply for the authorization at the earliest possible date.

What are the Eligibility Requirements for F-1 Optional Practical Training?

To be eligible to apply for OPT, you must:

• have been in full time student status for at least one full academic year
• be maintaining valid F-1 status at the time of the application, and
• intend to work in a position directly related to your major field of study.

Students enrolled in English language training programs are not eligible for OPT.

When should I apply?

• If you are a student completing the first academic year of study (or are in a one year program), the earliest you can submit the application is 90 days prior to the date you complete your first academic year.
• If you are beyond the first year of study, you may submit your application no earlier than 120 days prior to the start date you request for your OPT.
• If you are applying for OPT based on completion of all coursework and/or completion of your academic program, you must submit your OPT application prior to your completion date. Applications received at USCIS after the completion date will be denied.

Dates of OPT Authorization

The OPT card is approved for a specific beginning and end date. You must identify those dates on the OPT Request Form. For OPT after completion of studies or graduation, the beginning date can be no later than 60 days after the date you complete your studies.

How can I use OPT while I am still in my program?

Students meeting the eligibility requirements may apply for OPT

1. part-time while school is still in session,
2. full-time during annual vacation periods, and/or
3. full-time after you complete all course requirements.

What is the standard application process for OPT?

Follow the instructions listed below and submit the necessary documents to the International Programs Office at least 90 days prior to beginning of employment:

• Read the Benedictine University International Programs Office policy on OPT.
• Thoroughly read and understand the application and instruction package.
• Visit your academic advisor and obtain an official letter of recommendation stating your current academic status and the expected date of completion of studies.
• Write a letter explaining why you wish to apply for OPT.
• Get a job description from your prospective employer.
• Complete forms I-538 and I-765 (Make certain that the address you put in item #3 will be valid for the next 90 to 120 days as that is where your receipt and employment card will be sent). Mail from USCIS will not be forwarded by the US Postal Service. (Below are the links for the I-765 and I-538 forms)
  
  

I-538 Form    I-765 Form

Schedule an appointment with the International Programs Office during which the International Programs Advisor will review these documents and, if appropriate, issue a new SEVIS I-20 with a recommendation for OPT.

How and where do I submit my application?

• Submit your completed forms, passport, I-94 and I-20 to your advisor (you will need a copy of both sides of your I-94 form and a copy of the visa and identification pages from your passport).
• Make copies, front and back, of all previous I-20 signed and dated by the director of International Programs and signed by you at the bottom of page 1. (You keep the original.)
• A completed and signed Form I-765
• Submit two recent photographs per the attached instructions from USCIS (see sample). Write your name and SEVIS number in pencil on the back of the photos. Do not cut to size or staple.
• A check for $180 payable to S Citizenship and Immigration Services US Department of Homeland Security
• A copy of your last Employment Authorization Document (EAD) if applicable

After you make copies of and staple all the above documents, we can send out the package of information to USCIS at:
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765

How will I know the USCIS has received my OPT application?

The first sign that USCIS has received your application is the cashing of your check. If the check has not cleared your bank within six weeks please contact International Programs. USCIS will then send you a notice (Form I-797) stating you need to wait for about 80-90 days to receive your EAD with the case # (EAC?) This is your receipt so take care not to lose it. With the receipt number, you can track the progress of your application at the USCIS web site. If you have not received your EAD card within 90 days from the date of USCIS receipt, you may be able to get a temporary card from USCIS in Chicago. Contact International Programs for more information.

How will I know if my OPT application has been approved?

You will receive from the USCIS a small photo identification card, called an Employment Authorization Document (EAD). This card will state the type and length of the period of employment authorized. When you receive this card, you must check it to make certain all the information is correct.

Should I stay in touch with the International Programs Office during the OPT period?

USCIS regulations now require Benedictine University to report to SEVIS any change in your address during the OPT period. Students on OPT should notify International Programs immediately of any change in address. In addition, we are required to report the end of the OPT period if it ends prior to the authorized expiration date. It is imperative that you keep the International Programs Office updated on the condition of your status or any change in status.

Do I need to have a job to apply for OPT?

No, but OPT only permits employment related to your field of study.

When am I eligible to apply for OPT?

• During vacation periods (no restrictions on hours per week)
• During the semester (limited to 20 hours/week) and student must maintain full time enrollment
• After completion of all course requirements, excluding a thesis or dissertation requirement
• After completion of a course of study (i.e. after graduation).

If I complete a degree program, take 12 months of practical training, and then begin a second course of study, am I eligible for an additional 12 months of practical training?

As of January 1, 2003, an F-1 student may become eligible for another 12 months of OPT when he or she moves to a higher educational level. This benefits, for example, a student who has used 12 months of optional training after completing a bachelor's degree and is now completing a masters or PhD program.

What are the guidelines for the dates I chose on the OPT request form?

The OPT card is approved for specific beginning and end dates. For OPT after completion of studies or graduation, the beginning date can be no later than 60 days after the date you complete your studies.

Can I begin working before I receive the Employment Authorization Document (EAD card)?

No. You may not begin employment before you receive your EAD from USCIS. Working before practical training has been authorized by the USCIS constitutes illegal employment and may jeopardize your legal status in the U.S.

Can I travel outside the U.S. while my OPT application is pending at USCIS?

Before graduation, you may travel outside the U.S. prior to USCIS approval of your application, if you return to the U.S. prior to graduation. After graduation, IPO does not recommend travel outside the US prior to receiving OPT approval from USCIS. What about traveling abroad after I have completed my studies and while I hold practical training status? If you have completed your course of study and have received your USCIS authorization for practical training (your EAD card), you may travel abroad and re-enter the U.S. in F-1 status. You will need the following documents for your re-entry: (1) a valid passport, (2) a valid F-1 visa stamp in your passport, (3) the new SEVIS I-20 recommending optional practical training (4) your original practical training Employment Authorization Document (EAD) issued by the USCIS and (5) proof that you have a job in the U.S. appropriate for practical training and that you are returning to the U.S. to resume or start this employment. If you do not have all of these documents you should NOT travel abroad without first consulting someone from the International Programs Office. (An expired F-1 visa can pose a problem; it may be difficult to renew your F-1 visa while you are on practical training.)

Will I have to pay U.S. taxes for income earned while on practical training?

In general, F-1 students who have been in the U.S. for fewer than six calendar years are exempt from social security (FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer, as many employers are not familiar with this provision of the tax law. You will be subject to all other taxes that may apply: federal, state and local. You should check to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation.

Can the authorization to engage in OPT be rescinded?

Once authorization to engage in OPT has been granted and an EAD has been issued, you may be able to cancel that authorization only under certain conditions. Generally, however, authorization may not be rescinded or canceled and you will lose the employment benefit even if you have valid reasons for not having been employed, such as unexpected delays in completing degree requirements, inability to find an appropriate job, or loss of a job. Once permission to work has been granted, it is gone regardless of subsequent occurrences.

Can I change employers after post-completion OPT has been authorized?

You may change employers after you have begun authorized employment provided the new job is (1) directly related to your major field of study and (2) appropriate for someone having your level of education. You must notify International Programs if your address changes.

How is the actual date of program completion significant?

Immigration regulations consider your program completion date to be the date you have fulfilled all requirements for a program of study, not the date you participate in graduation ceremonies and receive a certificate or diploma. The Service ignores your formal graduation date because it realizes that many students, especially graduate students, may complete requirements for a degree any time during the year. Your lawful F-1 status expires 60 days after the date you complete degree requirements and you are expected to leave the country by that date unless you have filed an application for practical training or made other arrangements to lawfully remain in the U. S.

What about travel outside the U. S. post completion-practical training?

An F-1 student with an un-expired EAD issued for post completion-practical training and who is otherwise admissible may re-enter the US to resume employment after a temporary absence. The EAD must be shown in combination with a letter from the employer and an I-20 endorsed for travel and re-entry by the International Programs Advisor.

NOTE: Information on OPT listed on this Web site courtesy of:

http://www.oiss.yale.edu/visa/f1opta.htm and
http://www.unh.edu/oiss/students/currentf1/opt.html

CPT (Curricular Practical Training)

CPT is designed to fulfill the internship requirement of a course of study. It is intended to provide hands-on practical work experience for which the student receives money as well as class credit. . A lawfully enrolled, full-time, F-1 student is eligible for a maximum of 12 months. The student can work up to 20 hours/week during school and up to 40 hours/week during vacation. A student has to follow these steps in order to apply for CPT:

1. Read the Benedictine University - International Programs Office policy on CPT.
2. Thoroughly read and understand the application and instruction package.
3. Visit your department head and obtain an official letter stating that employment is required as well as the number of hours.
4. Visit your academic advisor and request a letter stating that you will get credit and that this is an integral part of your academic program. It should also state the number of hours/week and the date of completion.
5. Obtain a letter from the employer stating job title, dates of employment, number of hours/week, place of employment, and brief description of the work.
6. Complete the I-538 form included in your application package
7. Submit your completed forms, passport, I-94 and I-20 to your DSO (Designated School Official).
   
   

List of International Organizations