Helpful Hints for F-1 Students Applying for OPT
Posted Jan 26, 2007
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For many foreign students holding F-1 status, the spring 2007 semester will mean the completion of their U.S. education. One of the immigration benefits potentially available to these students through the United States Citizenship and Immigration Services (USCIS) is a year of Optional Practical Training (OPT). OPT allows students in F-1 status the opportunity to apply theoretical knowledge gained in their academic programs to practical work experience. There are requirements that must be met, however, and the Nebraska Service Center (NSC) recently provided some suggestions regarding OPT. These suggestions and general OPT requirements have been summarized for our MurthyDotCom and MurthyBulletin readers.
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General Requirements for OPT
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In order for an F-1 student to be eligible for OPT, s/he must have been enrolled full time for at least 12 credits for the past three consecutive quarters. OPT for an F-1 student allows the student to accept employment directly related to the academic major. While OPT restricts the possible work that can be performed, it has no geographic limitations. Requests for authorization to engage in OPT must go through the Designated School Official (DSO). While an OPT request is filed with and approved by the USCIS, the DSO must recommend OPT and must follow certain procedures in order for the OPT application to meet with approval.
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Timing and Other Considerations
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Planning for the OPT is an important aspect of one's post-graduation strategy. It can take anywhere from three to six months to obtain the necessary approval from the USCIS, so it is necessary to plan ahead. OPT allows for full-time employment appropriate to the academic major at the associate-degree level for up to twelve months. The regulations allow only twelve months total of full-time OPT, which may be completed within a 14-month period, following completion of one's studies. An offer of employment is not required before applying for OPT. An additional twelve months of OPT may be granted only if the student furthers his / her educational pursuits to a higher educational level and, thereby, qualifies again for OPT.
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There is a very specific timeframe for submission of the OPT request. A student is allowed to apply for OPT up to 120 days before the last day of class during the final semester of the degree program. The deadline for filing is the last day of class during the final semester; however, the USCIS maintains that they must RECEIVE the application before that date, NOT that it be mailed to them by that date. It is not recommended that a student wait until the last minute. A number of sad stories from students tell how their OPT requests were submitted late, causing them to miss out on the OPT opportunity.
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Suggestions to Help Ensure Receipt of EAD
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In order to begin work on OPT, it is necessary to have a valid, physical Employment Authorization Document (EAD). One may not work prior to approval of the EAD, based simply on the receipt of the approval notice of the EAD card from the USCIS.
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Recently, during a question-and-answer session between the American Immigration Lawyers Association (AILA) and the USCIS, the subject of non-receipt of EADs was addressed. The USCIS recommended that students, who list their colleges or universities as their return addresses, put the “c/o" designation (which stands for "In Care Of") for these offices to which their cards should be sent. Schools are generally large, so if an EAD card is received by a school without any specific information as to where it should go, it is often returned to the USCIS as undeliverable.
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Even students requesting delivery to residential addresses encounter problems. These are sometimes returned because the individuals are not registered to receive mail at the addresses where they are living. This is typical when using a friend's address or in certain roommate situations. Therefore, it is necessary to either be listed with the local Post Office as a mail recipient, or to use the "c/o" notation and the name of a person who is registered to receive mail at the particular address.
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Conclusion
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A student should discuss the OPT application with the school's DSO in advance. The application should be filed in a timely manner and attention should be paid to ensure the address is set out properly, so that there is a better chance that the card will be delivered. Above all, one should not postpone filing for OPT. It is a golden opportunity that will be lost if the USCIS receives it after the end of the student's final semester.
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