Introduction
In 2023, there were 1.49 million students in the U.S. on an F-1 and M-1 visa, out of which only 344,686 were authorized for Optional Practical Training.
Getting practical exposure and training forms an essential part of any academic journey. In the U.S., Optional Practical Training aims to provide a temporary employment facility/authorization to foreign students and recent graduates. However, the procedures and conditions imposed on Optional Practical Training may be difficult for foreign students to understand.
What Is Optional Practical Training?
Optional Practical Training (OPT) is a temporary employment facility that is granted to foreign non-immigrant beneficiaries of an F-1 academic visa either pre-completion or post-completion of their degree program. The training employment facility must directly relate to the nonimmigrant student’s major area of study.
What Is Pre-completion Optional Practical Training?
If you are an F-1 student enrolled full-time for one academic year at an accredited elementary school, college, university, or other academic institution, then you are authorized for OPT work for upto 20 hours per week when the educational institution is in session or is on vacation, and full-time i.e. 40 hours when it is not in session.
You may apply to avail yourself of the facility of OPT up to 90 days before being enrolled for one full academic year.
After completion of your OPT, the USCIS grants you a grace period of 60 to begin a new academic program, petition with USCIS to change immigration status or prepare for your and your dependent’s (if any) departure from the U.S.
What Is Post-completion Optional Practical Training?
Post-completion OPT is provided to a student who has either completed a course of study or been enrolled in an associate’s, bachelor’s, master’s, or doctoral degree program and has completed all course requirements for the degree. You may apply for post-completion OPT upto 90 days before you complete your degree and no more than 60 days after completing your degree.
Under post-completion OPT you may work part-time or full-time, based on your discretion, however, you are required to complete all practical training within 14 months of completion of study.
In case you apply for post-completion OPT at the same educational level in which you have already applied for pre-completion OPT, then the amount of time approved for pre-completion OPT is deducted from the post-completion OPT authorized period.
What are the Conditions To Work Under Optional Practical Training?
The facility of OPT is given to a non-immigrant student for upto 12 months. Additionally, OPT may be extended for a further period of 12 months if the student were to change to a higher educational level that is moving from a bachelor’s degree to a master’s degree. Additionally, you cannot be self-employed or carry any business during this period, and there is a restriction to work for one employee at a time during the OPT.
How Can I Apply For Optional Practical Training?
If you want to apply for OPT or STEM then you are required to first be authorized by the Designated School Official who must complete the employment page of Form I-20 (Certification of Eligibility for Nonimmigrant Student Status). Under the authorization, you will be required to file USCIS Form I-765 (Application for Employment Authorization).
After your petition is accepted by the USCIS, an Employment Authorization Document (EAD) is issued under Form I-766 which authorizes you to work in the U.S., and states the conditions and duration of your employment. A student cannot work before the date that they are authorized under the EAD.
If you face any difficulty/require any help then, FileRight.com offers an application preparation package at $245 plus USCIS filing fees for preparing, reviewing, printing, assembling, and mailing your application.
What Are The Prescribed Fee(s) For Optional Practical Training?
The USCIS currently charges $520 for paper filing and $470 for online filing for processing Form I-765. If you decide to opt for premium processing for Form I-765, the USCIS will charge $1,685.
It is important to remember that in case the petition is rejected by the USCIS, the fees paid will not be refunded and when filing a fresh petition, the prescribed fees will have to be paid again. FileRight.com offers a money-back guarantee, which includes the fee paid to us and the government filing fee paid to USCIS in case your petition is rejected.
What Is The Processing Time Of Optional Practical Training?
Your OPT application may take 3-6 months to be processed by the USCIS.
In case you opt for premium processing of Form I-765 (Application for Employment Authorization), your application for OPT under Form I-907 will be processed within 30 business days, otherwise, the fees of premium processing will be refunded.
Conclusion
Optional Practical Training forms an important part of the academic journey of an immigrant student. It not only provides them the opportunity to gain hands-on practical experience, but it also enables them to be employed and earn money. As young students, it may be difficult to understand the immigration and employment process and even a small mistake can lead to the rejection of a petition for employment authorization. It is essential to be accurate and precise while filing the form. In case you have any doubts or require any assistance you may contact the licensed immigration experts of FileRight.com.
FAQs
What are the new changes to OPT?
The USCIS in August 2024, updated its policy guidelines enabling F-1 students to be eligible for a 24-month STEM OPT extension provided they have a bachelor’s, master’s, or doctoral degree in a field determined by the Secretary, or their designee, to qualify within a science, technology, engineering, or mathematics (STEM) field. It also clarifies that F1 students may count one class or up to three online credits.
I have an F-1 visa and I am having financial difficulties. Am I only authorized to work under Optional Practical Training?
The USCIS may on a case-to-case basis allow a non-immigrant student holding an F-1 visa to work off-campus in special unforeseen situations beyond your control such as severe economic hardship caused by substantial fluctuation in the exchange rate or currency value, inordinate increase in tuition or living expense, medical bills, loss of financial aid, etc. You may also in other cases, work as a volunteer or unpaid intern.
When can my Optional Practical Training be terminated?
The USCIS may terminate your OPT in case you
- Transfer to another school; or
- Begin studying at another educational level; or
- Your school closes; or
- You change your immigration status; and
- Fail to maintain your F-1 immigrant student status, etc.
