Students studying in the United States on an F-1 visa often want to work. But employment opportunities are limited and strict rules apply. There are different types of optional practical training (OPT) available. OPT requires a student complete forms and processes and update their information in the Student and Exchange Visitor Information System (SEVIS).
What is Optional Practical Training?
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. OPT is one type of work permission available for eligible F-1 students. It allows students to get real-world work experience related to their field of study.
Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) or after completing their academic studies (post-completion). But all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
Although a Designated School Official (DSO) recommends OPT in SEVIS, it is the student who must apply for the work permit with the U.S. Citizenship and Immigration Service (USCIS). If the OPT is approved, USCIS will issue an Employment Authorization Document (EAD). The student must not begin working before the start date on the EAD.
Regulations and Policy Guidance
Complex rules and guidance apply to OPT. Any OPT requests entered into SEVIS must comply with federal regulations located in the Code of Federal Regulations (CFR). See 8 CFR 214.2(f)(10) through 8 CFR 214.2(f)(13); 8 CFR 274a.12(c)(3).
OPT Types
There are different types of OPT:
• Regular OPT—For students engaged in post-secondary schools or at conservatories. Twelve months of Regular OPT is available for each higher level of study. For example a student may have 12 months for a bachelor’s degree and another 12 months for a master’s degree.
• Pre-Completion OPT—Any portion of OPT used before the student’s Program End Date. It may be part-time or full-time. You may apply to participate in pre-completion OPT after you have been lawfully enrolled on a full-time basis for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. You do not need to have had F-1 status for the one full academic year; you can satisfy the “one full academic year” requirement even if you had another nonimmigrant status during that time. If you are authorized to participate in pre-completion OPT, you may work part time (20 hours or less per week) while school is in session. You may work full time when school is not in session.
• Post-Completion OPT—Any portion of OPT used after the student’s Program End Date. It must be full-time. You may apply to participate in post-completion OPT after completing your studies. If you are authorized for post-completion OPT, you may work part time (20 hours or less per week) or full time. If you participated in pre-completion OPT, United States Citizenship and Immigration Services (USCIS) will deduct that amount of time from your post-completion OPT authorization period. For example, if you participated in 10 months of pre-completion OPT, you would be eligible for only up to 2 months of post-completion OPT.
• 24-month (STEM) OPT Extension—For students who majored in designated Science, Technology, Engineering, and Math (STEM) degrees approved by DHS. This type of OPT is a 24-month extension of OPT.
• Cap-Gap OPT Extension—For students whose prospective employers filed a qualifying H-1B-cap subject petition.
All OPT must be directly related to your major area of study.
STEM OPT Extension
If you have earned a degree in certain science, technology, engineering, and math (STEM) fields, you may apply for a 24-month extension of your post-completion OPT employment authorization if you:
• Are an F-1 student who received a STEM degree included on the STEM Designated Degree Program List;
• Are employed by an employer who is enrolled in and is using E-Verify; and
• Received an initial grant of post-completion OPT employment authorization based on your STEM degree.
OPT Request Statuses
The statuses used to identify the stages of OPT requests in SEVIS include:
• Requested—DSO requested OPT in SEVIS on behalf of the student, but USCIS has not yet received the Application for Employment Authorization (Form I-765).
• Pending—USCIS has received the Form I-765.
• Approved—USCIS has approved the Form I-765.
• Denied—USCIS has denied the Form I-765.
• Canceled—DSO has canceled the OPT request in SEVIS.
• Withdrawn— USCIS approved the student’s request to withdraw the Form I-765.
OPT Eligibility
A student is eligible for OPT if:
• The student has been a full-time student for one academic year in an SEVP-certified:
• College
• University
• Conservatory
• Seminary
• The student is not studying English as a Second Language.
• The student’s proposed employment relates to the student’s major area of study.
• The student has not used all OPT available at the current level of study.
• The student has not been authorized for 12 months or more of full-time Curricular Practical Training (CPT).
Full-time CPT at a previous school at the same program level counts toward the CPT 12-month total affecting OPT. CPT at another program level does not affect OPT.
The OPT application process involves several steps:
• Student follows school processes to submit an OPT request to the DSO.
• DSO confirms eligibility, enters the request in SEVIS, and prints the Form I-20; The DSO signs the Form I-20; The status of the OPT request in SEVIS immediately changes to Requested; Any OPT status updates to SEVIS are automatic and require no action on the part of the DSO.
• Required paperwork—The student signs the Form I-20; The student completes an Application for Employment Authorization (Form I-765). The Form I-765, fee, and supporting documentation must be filed with USCIS within 30 days of the DSO’s recommendation. The Form I-765 is available on the USCIS website http://www.uscis.gov/i-765. The website provides submission instructions.
• Upon receipt of the I-765, USCIS issues a Receipt Notice (Form I-797) that contains the receipt number assigned to the case. Through an interface with USCIS, the status of the OPT request in SEVIS changes to Pending. If USCIS needs more information, the student will receive a Request For Evidence, which states what information is needed and the deadline for submitting it. The student must respond by the deadline. USCIS then makes a decision on the application. If the application is approved, USCIS issues an EAD and the OPT Request status in SEVIS changes to Approved. If the Form I-765 is denied, the OPT Request status in SEVIS changes to Denied.
• The student receives the EAD and can begin work once the authorized date arrives. When the student is hired, the student reports the employer information to the DSO. While on OPT, the student must report to the DSO within 10 days any changes in the student’s name, address, and employment information.
• The DSO must update SEVIS within 21 days with the employment information and any name or address changes.
Form I-765 Filing Deadlines Once DSO Requests OPT in SEVIS
Day 1:
• DSO requests OPT in SEVIS
• 30-day countdown begins
Day 30:
• 30-day countdown ends
• USCIS must receive the application
After Day 30:
• Applications received by USCIS after day 30 will be denied
Applying for OPT
Generally, you must:
1. Request that your designated school official (DSO) at your academic institution recommend the OPT. Your DSO will make the recommendation by endorsing your Form I 20, Certification of Eligibility for Nonimmigrant Student Status, and making the appropriate notation in SEVIS.
2. Properly file Form I-765, Application for Employment Authorization, with USCIS, accompanied by the required fee and the supporting documentation as described in the form instructions.
You may begin your OPT only after USCIS approves your Form I-765 and you receive your Employment Authorization Document (EAD).
If you file your STEM OPT extension application on-time and your OPT period expires while your extension application is pending, USCIS will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
Transferring to a Different School or Beginning Study at Another Educational Level
If you transfer to another school or begin studies at another educational level (for example, you completed a bachelor’s degree and are starting a master’s program), your authorization to engage in OPT employment will automatically terminate. SEVP will inform USCIS of the termination date, and USCIS will terminate your EAD accordingly.
Although your authorization to engage in OPT will end, as long as you comply with all requirements for maintaining your student status, your F-1 status will not be affected by USCIS terminating your EAD. Maintaining your student status includes not working on a terminated EAD, as the termination means that you are no longer authorized to work in the United States using that OPT EAD.
Working in the United States without authorization has serious consequences, including removal from the country and reentry bars. Also, remaining in the United States in violation of your lawful nonimmigrant status could lead to an accrual of unlawful presence.
If you feel that your EAD has been wrongfully terminated, would like to request reconsideration of the EAD termination, or if you have other questions, see your DSO.
Cap-gap Extension for F-1 Students with Approved H-1B Petitions
If you are an F-1 student with a timely-filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs (typically Oct. 1), you may be eligible for a cap-gap extension.
Optional Practical Training (OPT) is a form of temporary employment authorization for F-1 students in the United States, allowing them to gain practical experience in their field of study. In Texas, as in all states, the federal regulations governing OPT apply uniformly. Students can apply for pre-completion OPT after a full academic year of study and may work part-time during the school term or full-time during breaks. Post-completion OPT is available after finishing their studies and can be full-time. Each level of higher education (e.g., bachelor's, master's) affords up to 12 months of OPT, with pre-completion OPT time deducted from the post-completion OPT period. STEM graduates can apply for a 24-month extension if they meet certain criteria, including having a degree from the STEM Designated Degree Program List and working for an E-Verify employer. The application process involves coordination with a Designated School Official (DSO), submission of Form I-765 to USCIS, and, upon approval, receipt of an Employment Authorization Document (EAD). Students must not work before the EAD start date and must report changes in employment or personal information to their DSO. Failure to comply with these regulations can have serious consequences, including termination of the EAD and potential impacts on F-1 status.
