OPT LESSON 1 (12/14/2016)

Post on 14-Jan-2017

30 views 0 download

Transcript of OPT LESSON 1 (12/14/2016)

Presentation by Cara Frankowicz April 21, 2016

▪OPT OVERVIEW▪APPLICATION PROCESS▪F-1 REGULATIONS DURING OPT

Bentley University Center for International Students and Scholars175 Forest Street, Student Center, Room 310Waltham, MA 02452 781 891-2829bentley.edu/ciss GA_CISS@bentley.edu

OPT ONLINE COURSELESSON 1

There are 3 sections in this lesson:1. OPT Overview: What is OPT and Who is Eligible2. The Application Process3. F-1 Regulations During OPT

At the end of this lesson, you will:▪understand the OPT application process ▪understand the F-1 regulations during your OPT period▪have completed the Post-Completion OPT Acknowledgement Form

When this lesson is complete, take Quiz #1 to move on to Lesson #2.

WHAT IS OPT?

WHAT IS OPT?

OPT = Optional Practical Training

OPT is a benefit of your F-1 status that allows off-campus employment for the purpose of gaining hands-on experience working in your major in the US.

WHAT IS OPT?

OPT is not a different type of visa.

It is a benefit of your F-1 visa status - you can think of your OPT period as an extension of your F-1 status.

WHAT IS OPT?

You will still need an I-20 and valid F-1 visa in order to travel and re-enter the US during your OPT period.

WHAT IS OPT?

Additionally, you must continue to maintain valid F-1 status during your approved OPT period.

However, the F-1 regulations are slightly different for students on OPT. We will cover the regulations beginning on slide 26.

WHO IS ELIGIBLE?

OPT is available to F-1 visa holders who meet ALL of the following criteria:

have been enrolled as a full-time student in valid F-1 status for at least one academic year (9 months) immediately prior to applying for OPT

text

OPT ELIGIBILITY

OPT is available to F-1 visa holders who meet ALL of the following criteria:

have been enrolled as a full-time student in valid F-1 status for at least one academic year (9 months) immediately prior to applying for OPT

have / will have completed all graduation requirements, including any required internships

OPT ELIGIBILITY

HOW DO I GET OPT?

This section will explain the six steps of the OPT application process.

1.Complete OPT Course

2. Compile

Application

Materials

3. Schedule an OPT intake

meeting with CISS

4.Review Applicatio

n Materials with an Advisor

5. Pick up new I-20 and mail

Application to

USCIS

6. Receive EAD

Upon completing the course, your name will be recorded in Blackboard. You will then be eligible to submit your OPT application to CISS.

CISS will not accept your OPT application until you complete the OPT Online Course.

1. Complete the OPT Online Course.

Lesson 2 has step-by-step instructions for assembling your OPT application.

2. Compile your application materials and complete all required forms.

Call 781-891-2829. or Email GA_CISS@Bentley.edu

3. Make an OPT Intake Appointment with CISS

Bring all required documents!

4. Review your application materials with an advisor.

CISS will:▪confirm your eligibility▪review your application documents

▪create a new I-20 with a request for OPT authorization, using the start and end dates you select

▪The new I-20 may take 3-5 business days to complete.

You will receive: checklist for final review with

mailing instructions an envelope and Certified Mail

forms

5. Pick up new I-20 and mail full application to USCIS.

• You must allow 3-5 business days for the new I-20.

• See slide 46 for information about the mailing deadline.

Approximate USCIS processing time: 90 days

WAIT.

Approximately 30 days after your application was received by USCIS, they will mail a Notice of Receipt (Form I-797C) to the address you entered on the I-765.

approximate USCIS processing time: 90 days

Use the Receipt Number on your Notice of Receipt to check your application progress on the USCIS website.

approximate USCIS processing time: 90 days

Keep waiting…

approximate USCIS processing time: 90 days

Keep waiting…

approximate USCIS processing time: 90 days

USCIS will issue an EAD (Employment Authorization Document) approximately 10 days after your OPT application has been approved.

It will be valid for the length of your authorized employment period.

The EAD will be mailed to the address you entered on the Form I-765.

EAD (or “OPT Card”)

approximate USCIS processing time: 90 days

You can start working as soon as you receive your EAD.

6. Receive your EAD!

F-1 REGULATIONS DURING OPT

F-1 REGULATIONS

This section of the lesson will review the F-1 regulations for OPT, as written on the Post-Completion OPT Acknowledgement Form.

F-1 REGULATIONS

As you can see on the form, these regulations have been grouped into the following categories:

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

The next several slides correspond with each numbered regulation on the form.

Follow along – if you have questions, you can ask an advisor when you drop off your OPT application.

F-1 REGULATIONS

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

1. Request an I-20 extension if you will not complete all of your graduation requirements by the Program End Date on page 1 of your I-20.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Failing to complete your program or request an extension before your I-20 Program End Date could result in the loss of F-1 status and permanent loss of OPT eligibility.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

2. F-1 visa holders are eligible for 12 months of OPT per education level (e.g. bachelor’s, master’s, etc).

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Recipients of degrees in certain science, technology, engineering, or math (STEM) fields may qualify for a one-time extension of OPT.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Students eligible for a STEM extension must apply for it before the expiration date on their EAD. Check the CISS website for current information.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

3. If CISS has recommended OPT on your I-20 and you later decide not to mail your application to USCIS, you may cancel your application by emailing GA_ciss@bentley.edu.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

If you would like to cancel your OPT application after you have mailed it to USCIS, you can write to USCIS to request cancellation of your OPT request; however, there is no guarantee that your application will be cancelled.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

4. The address that you enter on the Form I-765 is the address where USCIS will send all correspondence regarding your application, including your EAD.

This address must be valid for at least 90 days from the date that you mail your application to USCIS.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

The I-765 address must be an address in the US. You may use your address in the US, or you may use the CISS address.

If you chose the CISS address, the CISS staff will receive any USCIS correspondence on your behalf. We will notify you via email when we receive documents for you.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Which address should you choose?

USE YOUR HOME ADDRESS IF: you are sure you will be living

at that address at least 90 days after you mail your application to USCIS.

you have no problems with receiving mail at your address.

USE THE CISS ADDRESS IF: you will be moving after you

mail your application to USCIS you will be out of town/out of

the country while your OPT application is in process with USCIS

you are unsure where you will be living approximately 90 days after you mail your OPT application to USCIS

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

NOTE:

USCIS will only correspond with you regarding your application via regular postal mail.

They will not contact you via phone or email.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

5. Your OPT application must reach the USCIS Service Center no later than 30 days after the “Date Issued” on your OPT I-20.

USCIS will automatically reject applications received after the 30-day mark.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

F-1 regulations allow travel and re-entry to the US while OPT is pending, and between OPT start and end dates.

However, you must mail your OPT application to USCIS before departing the US.

Failure to do so will result in the permanent loss of OPT.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

7. All of the following documents are required to re-enter the US in F-1 status during OPT:

▪Valid passport and valid F-1 visa

▪Valid I-20 with OPT dates on page 2, signed for travel every six (6) months

▪EAD (“OPT card”)

▪Proof of employment, such as a letter from your current employer(s), or a job offer letter indicating that employment will begin upon your return to the US

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

8. You cannot begin working until you have your EAD and the start date on the card has arrived. Engaging in paid or unpaid employment prior to receiving the card and the arrival of the start date constitutes unauthorized employment and is a violation of your F-1 status.

+

9. Post-Completion OPT authorization is for full-time employment only. USCIS defines full-time employment as 20 or more hours per week.

Therefore, you must be working a minimum of 20 hours per week between your OPT start and end dates.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

ALL employment during OPT must be directly related to your major field of study.

You are responsible for determining whether a particular job is related to your major.

This information must also be reported to SEVIS.Use the following form from our website

to update your employment:

http://www.bentley.edu/forms/opt-employer-info-update-form

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Employment during OPT can be paid or unpaid (volunteer).

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

You are responsible for keeping accurate documentation of all employment during OPT.

You may need this documentation for travel purposes, or if you apply for another type of US visa in the future.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

10. Unemployment time is limited to a total of 90 days between your OPT start and end dates.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

start dateend date

Unemployment time is defined as time when you do not have a job.

Employment time begins when you actually start working.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

You are responsible for keeping track of your unemployment time, and you will accrue unemployment time if you delay or fail to report your employment information to SEVIS (reporting instructions are on slide 64).

start dateend date

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Your F-1 status will no longer be valid and you will lose your OPT if you exceed this 90 day maximum.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

11. If you enter the CISS address on your Form I-765, you must provide CISS with a copy of your EAD as soon as you receive it.

Scan and email it to GA_ciss@bentley.edu.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

12. F-1 regulations require your employment information to be entered into SEVIS.

Report your employment information to CISS as soon as you have you have started working.

I GOT A JOB!

HOW TO REPORT EMPLOYMENT:

A complete employment report must contain all of the above information.

Only complete employment reports will be entered into your SEVIS record.

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

WHEN TO REPORT EMPLOYMENT:

If you change jobs If your employment ends If you get an additional job (more

than one employer)

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

It is very important to remember to report your employment – your unemployment time will be reduced if you delay or fail to report employment information.

(Remember: you may not begin working until you have your EAD and the start date on the card has arrived.)

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

13.+ 14. Notify CISS as soon as possible if:

your visa status changes to another category during your OPT period

you decide to permanently leave the US before your EAD expiration date

If your address in the US or in your home country changes, email the new address information to CISS within 10 days

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

▪THE APPLICATION▪TRAVEL▪EMPLOYMENT▪REPORTING OBLIGATIONS▪AFTER OPT

REPORTINGOBLIGATIONS

THE APPLICATION TRAVEL EMPLOYMENT AFTER OPT

15. You are allowed to stay in the US for 60 days after your EAD expiration date (60 day grace period).

You may not work during this time unless your immigration status changes to a visa category that permits employment.

REPORTINGOBLIGATIONS

THE APPLICATION TRAVEL EMPLOYMENT AFTER OPT

16. You may transfer your SEVIS record to another school between your OPT start and end dates, or within the 60-day grace period after your EAD expiration date.

You must stop working on the date that your SEVIS record is transferred to the new school or on your EAD expiration date, whichever is sooner.

REPORTINGOBLIGATIONS

THE APPLICATION TRAVEL EMPLOYMENT AFTER OPT

Now that we’ve covered all of the regulations, complete the form with your information and signature

THE APPLICATION TRAVEL EMPLOYMENT REPORTINGOBLIGATIONS

AFTER OPT

Post-Completion OPT Acknowledgement Form complete!

Presentation by Cara Frankowicz, April 21, 2016

NEXT STEP – 1.TAKE QUIZ #12.BEGIN LESSON #2