1 2 M O N T H O P T, C A P G A P & S T E M

O P T

INTERNATIONAL STUDENTS AND SCHOLARS

309 Wes Watkins Center

405 - 744 - 5459

9/25/2019

WHAT IS OPTIONAL PRACTICAL TRAINING?

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• Defined as “Temporary employment for practical training directly related to the student’s major field of study”

• Pre-Completion and post- completion OPT

• OPT is available after the completion of each level –BS, MS,PhD

• Eligibility – Must have been lawfully enrolled on a full-time basis at an SEVP approved school for one academic year.

• Post completion OPT is after the completion of the degree.

IN PREPARATION FOR 12 MONTH OPT

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Is this semester your final semester?– Confirm with academic advisor

– File the ISS final semester form with the OPTapplication

Final Semester enrollment

– Undergraduate = Number of hours to graduate

– Graduate = No assistantship (minimum hours is 2or what is needed to graduate

– Assistantship = 6 hours for both 25% or 50%.Check with Graduate College of graduation requirements

– Doctoral Candidates = continues enrollment of 2hours

– Caution: under enrollment and failure to graduate can result in loss of OPT

12 MONTH FILING DEADLINES

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• File up to 90 days before the end date of the degree program

• No more than 60 days after the end of the degree program

• Students who have a GPA requirement in order to graduate may choose to apply during the 60 day grace period (grades are reported by Tuesday after classes end)

• Students who are missing the thesis deadline during the semester may choose to wait and apply during the 60 day grace period

12 MONTH MAILING DEADLINE

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• OPT application must be mailed and receiptedfrom the USCIS Lockbox within 30 daysof the date the DSO enters the recommendation for OPT in the SEVIS system

• Be ready to mail your application

• Verify that you have $410

12 MONTH OPT REQUESTED DATES

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• Requested start date cannot be more than 60 days after the program end date

• Requested end date cannot be more than 12 months after start date

• EAD start date will be the requested date or the date of approval, whichever comes later

• If approved after the requested start date- the end date will be extended to reflect the year

• 14 month limit – 60 day grace period + 12 months of OPT

EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)

• The DSO recommends the OPT

• USCIS authorizes employment with the approval of th e EAD ( 90 to 120 days)

• The EAD card authorizes employment

• Official dates of employment are verified on the EAD

• I-765 receipt does NOT authorize employment

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EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)

Is the EAD needed for travel?

IS THIS YOUR

PHOTO?

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WHAT DO YOU NEED TO TRAVEL?

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• Valid passport, Valid F-1 visa, EAD card, or EAD card receipt, recently endorsed I-20.

• If you have a letter of offer include this with your travel documents.

• Can I reenter if my request for OPT ispending?• "Yes, but traveling during this time should be undertaken with

caution. USCIS may send you a request for evidence while you are away, however, so you would want to make sure you have provided a correct U.S. address both to your DSO and on the application and would be able to send in requested documents. Also, if USCIS approves your OPT application, you will be expected to have your EAD in hand to re-enter the United States.

• From ISS front desk – Watch for an email on the receipt of your approved EAD. May need a scanned a copy of your EAD for entry into the U.S.

PERIODS OF UNEMPLOYMENT

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• Student may be unemployed for an aggregate of no more than 90 days.

• SEVP Officials can manually terminate a student who accrues 90 total days of unemployment.

• In the near future, SEVP will have the capability t o terminate with the clock counter as part of the SEV P Portal.

• Students must work/volunteer in the current field o f study at least 20 hours per week to be considered employed.

PERIODS OF UNEMPLOYMENT

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• How unemployment is counted in SEVIS

• “SEVIS will count each day that an OPT student's SEVIS record is not covered by a Start Date-End Date with an employer, within each Post-Completion OPT and STEM OPT segment, and infer that the student was unemployed during those days. "SEVIS will check the record daily and count every day there is a gap in employment," according to SEVP.”

• The Unemployment Counters on the student's Employment Information page display the aggregate count of unemployment within each segment of OPT. To determine the cumulative aggregate, one must add the aggregate count from each OPTsegment.

• "Time spent outside the United States during an approved period of post-completion OPT counts as unemployment against the 90/150-day limits, unless the student is either:

– Employed during a period of leave authorized by an employer; or

– Traveling as part of his or her employment

PERIODS OF UNEMPLOYMENT

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PERIODS OF UNEMPLOYMENT

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• Consequences of exceeding the period of unemployment

– Terminate your SEVIS record

– Prior to reaching the limit of authorized unemployment prepare to transfer, change educational level, change of status, or depart the U.S.

– Keep records of employment/volunteering

– Record employment accurately in the SEVPPortal

TYPES OF EMPLOYMENT

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• Regular paid employment (multiple employers)

• Multiple short term employers (gigs)

• Work of hire – 1099 employment (contractual relationship)

• Self-Employed – prove proper licenses

• Agency or consulting firm – must work at least 20 hrs a week –Caution: employee and employer relationship.

• Volunteers or unpaid internships in your field of study - (12 month OPT only – not available for OPT STEM)– must not violate any labor laws, 20 hrs of a week

12 MONTH OPT TYPES OF EMPLOYMENT

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• Volunteering & UnpaidInternships– Student may work as a volunteer or unpaid intern in

your field of study, where this practice does not violate labor laws

– 20 hours per week

– Be able to provide evidence acquired from the employer to confirm 20 hours a week of employment

– ISS does not need verification of thevolunteering

– Dept of Labor (Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act)

REPORTING REQUIREMENTS

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• SEVP Portal – allows F-1 students to report informat ion directly to SEVP to fulfill legal reportingrequirem ents.

• SEVP Portal will allow you to :

• View your Post Completion OPT or STEM OPT

• Report changes – address, phone, & employer informati on

• View & update youremployers

• All updates go directly to SEVP

REPORTING REQUIREMENTS

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• SEVP PortalHelp

• Studyinthestates.gov - SEVP PortalHelp

• https://studyinthestates.dhs.gov/sevp-portal-help

• STEM OPT students are unable to add a new employer or change the start date of their new employer due to the Form I983 – Training plan

• STEM OPT studentsmust continue to upload the I-983 on the ISSwebsite .

REPORTING REQUIREMENTS

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• SEVPPORTAL

• SEVP will send an email to you once your EAD is approved

• Email will come from SEVIS – do-not-reply.sevp@ice.dhs.gov

• Be sure ISS has the correct email address

• More information go to:

• https://studyinthestates.dhs.gov/assets/sevp_portal_stud ent_user_guide.pdf

SEVIS PORTAL - ADD EMPLOYER

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Relation to Field of Study : Explain how the employment is rel atedto student’s course of study

• Need to explain how the student’s employment with thisspecific employer is related to your course work

• Example: I studied Management Information Systems and nowwork for a Software company using data mining, analytics, bigdata skills, and programming languages (hadoop, R, SAS) whichis knowledge gained during my MS/PHD study.

• Watch out for character limits

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GRACE PERIOD AFTER OPT

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• The 60 day period is given to F-1 student after the completion of a course of study, or an authorized period of post completion OPT.

• It allows the student time to prepare for departure from theU.S, apply for a transfer to another institution, request a change of level at the current school, or take steps to change status to a legal status.

ISS.okstate.edu – Employment – OPT rules …9/25/2019 24

ISS WEB PAGE ISS.OKSTATE.EDU

Click on forms at the top of the page. Go to TAX & EMP LOYMENT at the middle of the page. You only need to update the IS S link if you

have a problem with the SEVP Portal.

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EAD DELIVERY PROCEDURE

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• ISS will notify you by email upon receipt of the EAD card.

• You are personally welcome to pick up your EAD in the ISS office

• The ISS will mail your EAD though eShip Global if requested

• E-Ship: https://study.eshipglobal.com

• Create an account, enter your name, CWID, request packet from the ISS office as the sender

OPT PACKET – MAILING EAD

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• $410.00 Check or Money Order – Payable to DHS

• Two Photos

• Completed I-765 – Item #27 C 3B• See instructions for part 6

• Form G-1145

• I-20 Photocopy with OPT Notation (ISS will make copy)

• I-20 copies of all previous OPT and CPT I-20s

• I-94 copy

• Valid visa page (Colored copy of visa)

• Mail packet: USCIS, PO Box 660867, Dallas, TX75266

PREVIOUS SEVIS ID#, NO OPT, NO CPT

Sample I-765

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PREVIOUS OPT,CPT & PREVIOUS SEVIS ID#

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USCIS MY CASE STATUS

• Tracking your OPT Application

– USCIS.gov

– USCIS Case Status Service Online

– Check processing times – 90 days plus

– 1-800-375-5283 National Customer Service Center

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H-1B CAP GAP

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• To Qualify for an H-1bcap-gap:

– Must be a beneficiary of an H-1b petition

• Filed timely (April 1) and filed for a change of status instead of consular processing

• Requested a start date of October 1

• Must be “in status” with immigration as per the terms of the F-1 status

• Continued employment while waiting on decision

• Gap Cap will be terminated if H-1b application is rejected, denied, or revoked

H-1B CAP GAP

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• SEVIS will provide an I-20 reflecting the Cap Gap notation.

– F-1 status and employment authorization for this student have been automatically extended to September 30, (current year). The student is authorized to remain in the U.S. and continue employment with an expired employment authorization .

– The Cap Gap I20 will be needed for renewal of the Driver’s License – contact ISS for the I20.

H-1B CAP GAP

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H-1B CAP GAP

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• End of the Cap Gap is September 30

• If H-1b petition is still pending on October 1 contact your employer for further employer instructions

• 9.1.5. Can the cap gap extension of OPT be extended beyond September 30 if the H-1B petition filed on the student's behalf has not been adjudicated by USCIS?

• No, pursuant to 8 CFR 214.2(f)(5)(vi)(A), the duration of status and any employment authorization granted under 8 CFR 274a.12(c)(3)(i)(B) and (C) of an F-1 student who is the beneficiary of an H-1B petition and request for change of status can only be extended until October 1.

• If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition isapproved.

• SEVP recommends that students not travel outside of the U.S. while on cap gap extension

• USCIS will consider the change of status application abandoned if the applicant leaves the U.S.

• If H-1b is approved and if the student has a valid EAD based on OPT during the travel time it is possible to travel in case of emergency or necessary travel

TRAVEL PRIOR TO FILING AN H1B

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• It has been reported that some immigration lawyers advise students who may be eligible for cap-gap benefits to not travel outside the United S tates during the 90-day period before the April 1 opening of the cap-gap filing season. This is likely based on the lawyer's cautious approach to avoiding the issue of whether an entry in F-1 status followed by a relatively swift filing of a change of status to H-1B might be viewed as evidencing "preconceived intent" or "misrepresentation" under DHS and DOS policies. See:

• USCIS's preconceived intent doctrine, as expressed in AFM 30.3(c)(3)(D) Note 2 ;see 11.D.2.1.4.1 Preconceived intent and 3.C.3.4.5.3 Preconceived intent to studyin the United States

• DOS understanding of preconceived intent and misrepresentation, expressed in the Foreign Affairs Manual's "90-day" rule at 9 FAM 302.9-4 ; see 11.B.10.3.2 INA 212(a)(6)(C)(i) inamissibility based on misrepresentation of a material fact

• The 30/60 day rules has changed to the 90-day period.

CAP GAP INQUIRY

https://okstate.forms-db.com/view.php?id=168506

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TO APPLY FOR OPT

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• ISS will send you a link no later than Wednesday of next week.

• Take the Quiz from the link in theemail.

• Powerpoint presentation is available for your refere nce

• You must pass the quiz within three attempts in ord er to apply for OPT. Once quiz is submitted you wil l receive the results in an email along with further i nstructions.

• If you pass, you will complete the OPT packet onlin e.

• If you are in Stillwater, please bring the complete d and required documents to ISS for review and OPT I20 issuance.

• Tell your colleagues/friends they must attend one o f the OPT sessions presented in order to apply for O PT.

• If you are not in Stillwater and can not attend an OPT Session, please send an email to Regina.Henry@okstate.edu for permission to begin the process.

• If you are not in Stillwater you will need to submi t an eship request for receiving your OPT I-20.

QUESTIONS!

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STEM - SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS

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• OPT STEM Extension

– 24 months

– Amended regulations for OPT STEM extension begins May 10, 2016

– https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/stem-opt

– https://studyinthestates.dhs.gov/stem-opt-hub

STEM - SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS

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• STEM Designated Degree Program List – updated May 10, 2016

– Actuarial Science– Animal Science– Computer Science Applications– Food Science– Engineering– Engineering Technologies– Biological and Biomedical Sciences– Mathematics and Statistics– Military Technologies– Physical Sciences– Science Technologies– Medical Scientist (MS, PhD)

STEM OPT

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• Must be engaging in an unexpired post-completion OPT that was granted (successfully completed) a BS, MS, or PhD degree listed on the DHS STEM Designated Degree Program List

• Each degree has an assigned CIP code – check to see if your degree is noted as a STEM degree

• STEM OPT employer must be registered in E-Verify– receive a valid E-Verify client company identification number

• OPT STEM is available for two-per lifetime

STEM OPT EMPLOYER-EMPLOYEE RELATIONSHIP

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• Must have a bona-fide employer-employee experience

• No volunteer positions

• Start up businesses do not qualify for the OPT STEM option. The new training requirements and the training form has ruled out this option.

STEM OPT

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• Must file STEM OPT in a timely manner, it is sugges ted to file 90 days before OPT expires but not required.

• Must submit OPT STEM I20 within 60 days from the IS S DSO issuance.

• A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first.

• Training Plan Form I-983 is required – upload the I- 983 to the ISS request form. https://studyinthestates.dhs.gov/form -i-983-overview

STEM OPT PERIODS OF UNEMPLOYMENT

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• If a student receives a 24-month STEM OPT extension, the limit on unemployment is raised to an aggregate of no more than 150 days , applied to the entire period of standard post-completion and STEM OPT.

• Must report the termination of employment within 10 days of theevent

• Time spent outside the United States during an approved period ofOPT counts as unemployment against the150 day limits, unless thestudent is either:

– Employed during a period of leave authorized by an employer; or

– Traveling as part of his or her employment.”

STEM OPT REPORTING

SEVP PORTAL

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• Limited reporting information

• Can not add employers – must complete Form I-983 with DSO in ISS

• SEVIS will push the updates into the portal

• Will not be able to change read-only portions

• You can edit some employer’s information. Can not edit employers information to work for another employer.

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STEM OPT REPORTING –REPORTING REQUIREMENTS

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• The required six-month validation report– Must be submitted within 10 business days of each six-month

validation due date

• Any changes to the following, within 10 days of the change:– Student's legal name, and mailing and physical addresses

– When the student stops working for an employer

– When the student starts working for a new qualifying employer

• Required self-evaluations– Must be submitted "no later than 10 days following the conclusion of

the reporting period or conclusion of his or her practical training opportunity"

STEM OPT REPORTING -REPORTING REQUIREMENTS

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• Required self-evaluations

12 months from the OPT STEM start date must complete Form I-983.https://www.ice.gov/sites/default/files/documents/Document/2016/I-983.pdf

• Evaluation of Student Progress

• Collect the required signatures from employer and upload the I-983 to your update request on the ISSwebsite.

• The ISS will keep a copy of the form and it is suggested that you keep a copy for your records.

Cannot be reported in SEVP Portal needs I-983

STEM OPT REPORTING -REPORTING REQUIREMENTS

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• A modified Form I-983 , when there has been a material change to the training plan described on the Form I-983 on file with the DSO; this is a shared obligation with the employer

– Must be submitted to the DSO "at the earliest available opportunity"

• Complete the OPT STEM update on the ISS webpage and upload the I-983

• New I20 will be issued

Cannot be reported in SEVP Portal needs I-983

PREVIOUSLY OBTAINED STEM DEGREES

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• F-1 student participating in 12 month OPT based on a Non-STEM degree can use prior STEM degree for OPT STEM Extension.

• Employment must be related to the previous STEMdegree

• Degree must be received within 10 years

• ISS (DSO) must verify the prior degree

GRACE PERIOD AFTER OPT

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• The 60 day period is given to F-1 student after the completion of a course of study, or an authorized period of post completion OPT.

• It allows the student time to prepare for departure from theU.S, apply for a transfer to another institution, request a change of level at the current school, or take steps to change status to a legal status.

OPT STEM REPORTING FOR EMPLOYERS

Form I-983

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OPT STEM REPORTING FOR EMPLOYERS

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• Form I-983 – Employer must implement formal training programs for the students to enhance the learning experience

• Evaluation on Student Progress –Annual Self Evaluation, 12 months from the OPT STEMstart date. Complete Form I-983 –submit to ISS (DSO) through the ISSwebsite.

OPT STEM REPORTING FOR EMPLOYERS

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• Material Changes to Form I-983• Submit I-983 to ISS (DSO) with material changes

• Changes in employment status• Termination/resignation

• Employer Site Visits

• Employer Attestations – The Form I-983 attests there will be sufficient resources for training, will not replace a full or part time US worker, and the compensation is similar to a USworker

USCIS MY CASE STATUS

• Tracking your OPT Application

– USCIS.gov

– USCIS Case Status Service Online

– Check processing times – 90 days plus

– 1-800-375-5283 National Customer Service Center

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ISS WEB PAGE ISS.OKSTATE.EDU

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ISS WEB PAGE ISS.OKSTATE.EDU

6 & 18 month can be updated in the SEVISportal

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OPT STEM EAD DELIVERY PROCEDURE

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• Do not move after you have mailed your OPT STEM request to USCIS

• USCIS mailing is not forwarded to another address– EAD will be returned

• If you must change your address contact the National Customer Service number

• 1 (800) 375-5283

• There is some risk involved in changing your address

OPT PACKET – MAILING EAD

• $410.00 Check or Money Order – Payable to DHS

• Two Photos

• Completed I-765 – Item #27 C 3C

• See instructions for part 6

• Form G-1145

• I-20 copy with OPTNotation

• I-20 copies of all previous OPT and CPT I-20s

• Copy of EADs

• I-94 copy

• Valid visa page (Colored copy of visa)

• Transcript or Diploma showing the completion of your degree

• Mail packet: to the appropriate Service Center according to your residence.

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PREVIOUS OPT,CPT & PREVIOUS SEVIS ID#

Sample of Part 6 – 3.b or 4.d

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QUESTIONS!

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