OPTIONAL PRACTICAL TRAINING (OPT) DENIALSOVERVIEW BY SHAH PEERALLYWWW.PEERALLYLAW.COMPHONE (510) 742 5887

OPT DENIALS

• Recently there has been a surge in OPT denials because of some of the reasons below:• 1. OPT filed not meeting the 30 day rule• 2. OPT denied because of CPT• 3. OPT denied because of transfer of SEVIS• 4. OPT denied because DSO did not properly update SEVIS.• 5. OPT denied because form I-765 not properly filed.

• This slide focuses on the 30 days rule denial. Note that there are many other reasons for which OPT can be denied.

FORM I-765 CATEGORIES

Ensure the correct eligibility category is used (item 16 on Form I-765)(c)(3)(A) – Pre-Completion OPT(c)(3)(B) – Post-Completion OPT(c)(3)(C) – Science, Technology, Engineering or Mathematics (STEM) OPT

extension (Please see new STEM rules for updates on 24 Months STEM extensions)(c)(3)(ii) – Employment with an International Organization(c)(3)(iii) – Severe Economic Hardship(c)(6) - M-1 Post-Completion Practical Training

ONE FULL ACADEMIC YEAR FOR OPT

To be eligible for OPT, a student must have been taking a full-course of study for one full academic year in the United States.

Typically this is 9 months.The student may file up to 90 days before completing the

academic year so long as the requested OPT start date occurs after one full academic year.

The one full academic year does not need to have been completed while in F-1 status; the student need only be in F-1 status when filing for OPT.

JOB MUST BE DIRECTLY RELATED TO MAJOR AREA OF STUDY

OPT employment (pre-completion, post-completion, and the STEM OPT extension) must be directly related to the student’s

major field of study.

PRE-COMPLETION OPT - (C)(3)(A)

OPT can be either part-time or full-time.NOTE: Pre-completion OPT cannot be full time while school is in session

(20 hours per week limit applies).Students are eligible for a maximum of 12 months of OPT (pre-

completion and post-completion combined) at each educational level.

OPT can be in a combination of pre-completion and post-completion.Part-time pre-completion OPT is calculated at a 2:1 ratio.

PRE-COMPLETION OPT VALIDITY PERIOD The validity period will begin either on the date of

adjudication or on the start date recommended by the DSO, whichever is later. The validity period will continue until: The end date recommended by the DSO; The student’s program end date, for pre-completion OPT; or, 12 months, whichever is earlier.

POST-COMPLETION OPT- (C)(3)(B)

Post-completion OPT enables an F-1 student to work full-time after completing his or her course of study or, if in a bachelor’s, master’s, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent).

Post-completion OPT employment may not begin until the day after a student’s course of study is completed.

Post-completion OPT employment must begin no later than 60 days after a student’s course of study is completed.

VERY IMPORTANT FOR POST COMPLETION OPTThe student must:

Properly file Form I-765 up to 90 days prior to the student’s program end-date and no later than 60 days after his/her program end-date.

The Form I-765 must be filed with USCIS within 30 days of the date the DSO recommends OPT in SEVIS by updating the student’s SEVIS record.

VALIDITY PERIOD FOR POST COMPLETION OPTThe validity period will begin either on the date of

adjudication or on the start date recommended by the DSO, whichever is later. The validity period will continue until: The end date recommended by the DSO; 14 months after the student’s program end date; or 12 months, whichever is earlier.

30 DAY RULE

Do not confuse the date the DSO recommends OPT in SEVIS by updating the student’s SEVIS record with the date the I-20 is issued or signed.

They are not the same.

It is the “OPT Employment Requested” date in the Event History, not the date the I-20 was issued or signed, that begins the 30-day filing clock

specified in 8 C.F.R. § 214.2(f)(11)(i)(B)(2).

30 DAYS RULEReprinting the I-20

will not change the OPT Employment Requested date

STEM OPT

See new rules of STEM OPT of 24 Months.

30 DAY RULE ISSUES

• While the 30 days Rule was not strictly applied in the past, recently many of the OPT applicants are seeing their cases denied because of missing the deadline. We are also seeing a surge in OPT denials based on other reasons. However, this slide deals only with the 30 days rule issue.

• Should you need help on your OPT or CPT or any legal immigration issue, please call us at 5107425887

IMPORTANT

• Information provided on this presentation is offered for educational purposes only. You should not act or refrain to act solely on the information provided. Feel free to call us at 5107425887 for any questions.

• Visit www.PeerallyLaw.com and Follow our OPT facebook page at http://facebooke.com/f1opt