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Optional Practical Training (OPT) F-1 Students

Optional Practical Training (OPT) F-1 Students. Off-Campus work in field of study. 12 months of OPT per Academic Level Can use part of the 12 mos. before completing (PRE OPT) Or save it for Post Completion (POST OPT) All PRE OPT is deducted from 12 month-total.

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Optional Practical Training (OPT) F-1 Students

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  1. Optional Practical Training (OPT)F-1 Students • Off-Campus work in field of study. • 12 months of OPT per Academic Level • Can use part of the 12 mos. before completing (PRE OPT) • Or save it for Post Completion (POST OPT) • All PRE OPT is deducted from 12 month-total

  2. Eligibility for “PRE” or “Post” OPT • F-1 status for one academic year as Full-Time student. • New Form I-20 is issued by the ISSO/approved by USCIS before student can work. • USCIS issues an Employment Authorization Document (EAD - employment card).

  3. “POST”- OPT • Student is initially given 12-months of Post OPT. • Any time already used for Pre OPT will be deducted. • Students in the STEM fields will be able to apply for an additional 17-mos. of work authorization, if the following two conditions apply: • Major is in STEM fields (Science, Technology, Engineering, Mathematics). • Student has a job with an E-verify employer. • Can only be authorized for STEM “once”

  4. POST OPT Determining your Completion Date • Completion Date for Graduate Students refers to date student anticipates to actually complete program (i.e., finish with, Project, Thesis, Dissertation, defense, necessary revisions, etc. • Completion Date is not necessarily the same as Commencement or Degree Conferral Date.

  5. When to Apply for “Post” OPT • Within 90 days prior to Completion Date OR • Within 60-days from Completion Date • Must be in the U.S. at the time of applying for Post OPT and remain in the U.S. until receiving approval of Post OPT.

  6. Post OPT • You need to receive the OPT card (Employment Authorization Document) before you can work; • You can work after you receive the card and once the effective date of the card has been reached; • It is not legally appropriate to work without pay while waiting for the card.

  7. Documents to be submitted to ISSO when applying for “Post” OPT Refer to the Employment section of ISSO website, http://www.uml.edu/ISSO/Employment/default.aspx

  8. “POST” OPT Regulatory Requirements • Can only work in field of study • Must have received an approved EAD card before beginning work and • After the effective date of the EAD card has been reached. • Cannot be a full-time student working towards a degree. • Cannot continue UML employment unless above conditions are met • Notify ISSO of all employment changes within a 10-day period of change: • Employment information for: new, concurrent, paid or unpaid employment, etc. • Changes in the following: name, address, citizenship, marital status, etc. • ISSO will report this information on your SEVIS record to help you maintain status

  9. “POST” OPT Unemployment time is tracked by USCIS • May not accrue an aggregate of more than 90 days of unemployment time during first 12 mos. • Time starts counting from effective date of EAD card. • Students on STEM Extension cannot accrue an aggregate of more than 120 days of unemployment time during their total 29-month period. • All Employment information is reported to SEVIS by our office, so keep us informed of ALL employment information.

  10. Travel while on “POST” OPT • Do NOT travel outside U.S. until you have received approval of Post OPT (have received EAD card). • Travel Documentation for Post OPT Travel: • Valid passport, valid 6 mos. beyond expiration of EAD card. • A valid F-1 visa stamp. • Form I-20 with Post OPT Recommendation on Page 3. • Letter of Employment. • Employment Authorization Document (EAD) • DO NOT RE-ENTER IN TOURIST STATUS, for it will terminate your OPT Status.

  11. Cap Gap Extension/H-1B ApplicationStudents on Post OPT with pending H-1B Petition • If student is in a 60-day grace period at the time of H-1B petition filing, s/he cannot work after the EAD expiration date, but can legally stay in the U.S. • Need Form I-20 extending employment from the expiration date of EAD until effective date of H-1B (usually Oct. 1st) to present to their Employer. • Deadline for most employers to file H-1B petition is April 1st. • Limit of 65,000-85,000 H-1B visas/year (a limited # of H-1B’s are set aside for nationals of Chile & Singapore). • Non-Profits are exempt from the H-1B cap.

  12. Curricular Practical Training (CPT) • Off-campus work experience in the F-1 student’s field of study • Must contain a curricular component • The concept of curricular practical training is to bring the learning of the job experience into the classroom • Must be evaluated & graded by the Faculty CPT Advisor

  13. CPT Allotted Time • Up to 12 months of “Full”-Time CPT • 12 months eliminates eligibility for Post OPT • Part-time CPT does not impact Post OPT eligibility. • No limit on part-time authorized CPT time

  14. CPT Eligibility • F-1 status for one academic year as a full-time student • Students in Pathway program must successfully pass pathway and have fulfilled the one academic year of full-time study requirement • Job must be in field of study listed on Form I-20/integral to academic program • GPA of 3.0 for graduates or 2.0 for undergraduates • Cannot have received any grade of “F”, “U”, or “INC” • Cannot be in last semester or in final thesis defense phase • CPT must fall within semester dates, and is authorized on a semester-by-semester basis

  15. CPT Approval After Meeting Eligibility Requirements • Obtain authorization from academic department • Complete “Curricular Practical Training (CPT) Application Form, http://www.uml.edu/docs/CPT%20Page1%20form%20EDIT2_tcm18-116625.pdf • Register for a minimum of a one-credit CPT work experience

  16. CPT Application Form Check ISSO Website for CPT Application http://www.uml.edu/ISSO/Employment/f1-cpt.aspx

  17. J-1 OFF-CAMPUS WORKAcademic Training (AT) • Must have a job offer • Job must be in field of study • Total time of Academic Training can never exceed the time spent in full course of study • The maximum a Bachelor’s or Master’s student can do of AT is 18 months

  18. J-1 Academic Training • PhD students can apply for an initial 18-mo period • then apply for an additional period of 18 months. • Student can apply for Pre-Completion Academic Training, after having been in full-time status for one academic year • J-1 student must maintain health insurance coverage for him/herself and all J-2 dependents while on Academic Training

  19. J-1 Academic Training • Academic Training application must be processed no later than 30 days after completion date • Academic Training is always authorized directly by ISSO

  20. For Questions, Contact us during Advising Hours International Students & Scholars Office 978-934-2383 isso@uml.edu Monday & Tuesday 2:00pm-4:00pm Wednesday & Thursday 10:00am-12:00pm No Appointment is ever necessary during Advising Hours

  21. H-1B Information for Specialty Occupations • Paid positions of a highly specialized nature. • Minimum of a Bachelor’s Degree. • Employer pays prevailing wage as per Dept. of Labor laws. • Maximum time of six years (with a maximum initial period of three years). • IF applicant filed a Labor Certification prior to 5th year, OR if an Immigrant Visa petition is approved/subjected to backlogs, can apply for one-year extensions • Concurrent employment permitted; each employer files H-1B petition. • Employment can be part-time or full-time. • Dual intent is allowed (i.e., person can intend to immigrate to US). • Dependents (H-4 visa holders) are not permitted to apply for work. • Filing Fees: • $325 for filing a Form I-129, Petition for a Non-Immigrant Worker; • $500 Anti Fraud Fee paid by employer; • $0 or $750 or $1,500 paid by “for-profit” employers depending on size of workforce; • $1,225 Premium Processing Fee (optional). • Attorney Fees

  22. TN Status (for citizens from Canada or Mexico) • North American Free Trade Agreement (NAFTA) • Temporary employment classification Canadian/Mexican citizens. • To engage in professional business activities (in limited fields). • Process varies slightly for Canada and Mexico. • Only to be used for temporary employment (no dual intent). • Can be issued indefinitely in three-year increments; • Dependents (TD visa holders) are not permitted to work. • Minimal paperwork/Nominal fees

  23. O-1Workers of Extraordinary Ability • Requires considerable documentation. • Most highly qualified professors, researchers, and artists with a high level of expertise. • Top in their field (internationally recognized). • Concurrent employment, each employer submits Petition. • Granted for a maximum initial period of three years, with one-year extensions possible indefinitely. • Dependents (O-3 visa holders) are not permitted to work • Filing fees for an O-1 are similar to those for an H-1B.

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