Information for F-1 Students

Frequently Asked Questions

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What is optional practical training?

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student's major area of study. Effective April 8, 2008, the Department of Homeland Security (DHS) revised its regulations [interim final OPT rule] on F-1 Optional Practical Training. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of full-time practical training either before (pre-) and/or after (post-) completion of F-1 studies.

What is pre-completion OPT?

An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student's major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session. For OPT work authorization, the student must file the I-765 with USCIS. Please note that the newly introduced Form I-765 (Employment Authorization Document) must be used. The Designated School Official (DSO) at the F-1 student's academic institution recommends the OPT. The DSO makes such recommendation by endorsing the student's Form I-20 and by making appropriate notation in SEVIS, the system used to track F-1 students.

What is post-completion OPT?

An F-1 student may be authorized to participate in post-completion OPT upon completion of full-time F-1 studies. The post-completion OPT must be directly related to the student's major area of study. For OPT work authorization, the student must file the I-765 with USCIS. Please note that the newly introduced Form I-765 must be used. The Designated School Official (DSO) at the F-1 student's academic institution recommends the OPT. The DSO makes such recommendation by endorsing the student's Form I-20 and by making appropriate notation in SEVIS, the system used to track F-1 students.

Do the periods of pre-completion OPT count against the available periods of post-completion OPT?

Yes, all periods of pre-completion OPT are deducted from the available periods of post-completion OPT.

When can a student begin engaging in pre- or post-completion OPT employment?

A student may begin engaging in pre- or post-completion OPT after an I-765 Employment Authorization Document (EAD) application has been approved and an EAD issued by USCIS/DHS.

When should the I-765 be filed?

In all F-1 OPT and OPT extension (STEM) cases, under the new rule, a student will be able to file his or her I-765 up to 90 days prior to his or her program end date, and up to 60 days after his or her program end date.

What is the OPT STEM extension?

The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM (Science, Technology, Engineering, Mathematics) degree holders in the following fields:
• Actuarial Science. CIP Code 52.1304
• Computer Science Applications:
 οCIP Codes 11.xxxx (except Data Entry/Microcomputer Applications, which are CIP Codes 11.06xx)
• Engineering. CIP Codes 14.xxxx
• Engineering Technologies. CIP Codes 15.xxxx
• Biological and Biomedical Sciences. CIP Codes 26.xxxx
• Mathematics and Statistics. CIP Codes 27.xxxx
• Military Technologies. CIP Codes 29.xxxx
• Physical Sciences. CIP Codes 40.xxxx
• Science Technologies. CIP Codes 41.xxxx
• Medical Scientist (MS, PhD). CIP Code 51.1401
Not all major fields in STEM will be eligible for the 17-month OPT extension. A full list of CIP Codes is available online at http://nces.ed.gov/pubs2002/cip2000.
DHS will announce any future changes to the list at http://www.ice.gov/sevis.

Are there other requirements for the 17-month STEM extension besides a STEM degree?

•The student must be currently participating in a valid period of 12-month post-completion OPT, working for a US employer in a job directly related to the student's major area of study.
•The student must have successfully completed a bachelors, masters, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university.
•The student must be working for, or have a job offer from, an employer registered with the USCIS E-Verify employment verification system.
•The student has properly maintained F-1 status.
•The student has not previously received a 17-month OPT extension after earning a STEM degree (i.e. 17-month STEM OPT is a one-time deal).
•The ISSS advisor must recommend the 17-month OPT extension in SEVIS, after verifying the students eligibility, certifying that the students degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.
•The student will have to apply for the 17-month extension on the most recent Form I-765 with the requisite filing fee.
•The student must apply for the STEM extension prior to the expiration of his or her current employment authorization (EAD) card
•The student who timely files an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
•The employer must agree to report the termination or departure of the student to the ISSS or through "any other means or process identified by DHS." An employer must consider a worker to have departed when the employer knows the student has left employment, or if the student has not reported for work for a period of five consecutive business days without the employers consent.

When does the employment authorization period for the STEM extension begin?

The employment authorization period for the 17-month OPT extension begins on the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the actual extension is approved.

Can an eligible F-1 student not selected in the random H-1B lottery seek the 17-month STEM extension?

Yes, F-1 students not selected in the random H-1B lottery for the following fiscal year will likely wish to seek the additional 17-month STEM extension if they satisfy all requirements.

What are the F-1 OPT student's reporting requirements?

All students on OPT are required to report to their academic institution's International Student and Scholar Services ISSS within 10 days of:
• any change of name or address
• any interruption of OPT employment
In addition, STEM students with an approved 17-month OPT extension:
• Must report to the students ISSS within 10 days of any change of:
 ο Legal name
 ο Residential or mailing address
 ο Employer name
 ο Employer address
 ο Loss of employment
• Must make a validation report to the ISSS every six months starting from the date the extension begins and ending when the students F-1 status ends, the student changes educational levels at the same school, the student transfers to another school, or the 17-month OPT extension ends, whichever is first. The validation is a confirmation that the students name and address, employer name and address, and/or loss of employment are current and accurate. The report is due to the ISSS within 10 business days of each reporting date.

Can the F-1 OPT student be unemployed during the OPT and still maintain legal status?

The OPT student can only be unemployed for limited periods to maintain legal status
• During post-completion OPT, F-1 status is dependent upon employment.
• Regular OPT students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization.
•STEM students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.

What is the H-1B Cap-Gap Extension of D/S and Work Authorization?

Prior to the interim final rule becoming effective April 8, 2008, an F-1 student on OPT whose EAD Employment Authorization Document expired prior to October 1 of the following fiscal year had to cease employment upon expiration of the EAD and had up to 60 days after expiration of the EAD to leave the United States. Most such students who were beneficiaries of an approved H-1B petition filed by their U.S. employer had the 60-day period ending before October 1 and so were required to leave the U.S. to reenter with the H-1B visa to begin employment October 1. A gap in the F-1 OPT student's employment eligibility and legal status was thus created by the H-1B cap. The interim final rule issued by DHS, effective April 8, 2008, provided relief for such students in the form of an H-1B Cap-Gap Extension of D/S (duration of status for students) and Work Authorization until October 1 (this applies to all OPT students, not just STEM students) of the following fiscal year. Duration of status and work authorization will be automatically extended for a student on OPT who is the beneficiary of a timely filed H-1B petition requesting change of status for an employment start date of October 1 of the following fiscal year. (No new I-765 application for OPT will need to be filed for the automatic extension.) This applies to all students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon rejection, denial, or revocation of the H-1B petition filed on the students behalf.

What is required for the automatic cap-gap extension?

• H-1B petition with request for change of status was properly filed and is not rejected or denied: A statement from the employer that the student is the beneficiary listed on a properly filed H-1B petition with request for change of status and proof of delivery to a USCIS Service Center showing the date of receipt. For a wait-listed H-1B change of status petition: A copy of the wait list letter from USCIS to the employer. For a receipted or approved H-1B petition: A copy of the Form I-797 and/or the I-797 receipt number
• Employment start date is October 1 of the following fiscal year (e.g., Oct 1, 2008 is the first day of Fiscal Year 2009)
• F-1 student has properly maintained F-1 status Students on cap-gap extensions must continue to report all changes of name and address, and interruptions of employment, just like other students on OPT.