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Optional Practical Training After Completion of Studies

This is designed for Bryant University students in F-1 status.

Who is Eligible?

Optional Practical Training (OPT) is designed to provide you with an opportunity to gain actual employment experience in your field of study. As an F-1 student, you are eligible for a total of twelve months of full-time optional practical training at each educational level. The "option" is that you may apply for periods of practical training before completion of studies, save the total twelve-month period to be used after completion of studies, or use a combination of both. You do not have to have a job offer to be eligible for optional practical training. To be eligible to apply for F-1 optional practical training after the completion studies you must:

• Have been in lawful full-time student status for at least one academic year prior to graduation;
• Apply for the practical training PRIOR to the date of completion of studies
• Show that the proposed employment would be directly related to your field of study
• Still have optional practical training time available.

How Long Can I Extend My Stay in the U.S. with Practical Training?

You are allowed a maximum period of twelve months of optional practical training after the completion of studies. This period of practical training must begin no later than 60 days from the date of graduation. Any periods of optional practical training used before completion of studies will be deducted from the total twelve-month periods available. For example, if you worked full time for two months using optional practical training during a summer vacation, you would only have ten months of practical training available after graduation. For more information, go to: Optional Practical Training Before the Completion of Studies. You may be eligible for another 12 months of OPT when you change to a higher educational level. Note: If you have already used twelve months of full-time optional practical training, or curricular practical training, you are not eligible for any practical training after the completion of studies. For more information on Curricular Practical Training, go to: Curricular Practical Training.

When Can I Apply for Practical Training?

You may apply:

• Up to 90 days (3 months) prior to completion of studies
• Up to 60 days (2 months) after completion of studies
• 90 days prior to being enrolled for one full academic year.

The application involves several steps: obtaining a recommendation from the Intercultural Center for International Education and Multicultural Affairs (ICC), preparing materials for the application, mailing the application to the U.S. Citizenship and Immigration Services (USCIS), and finally, receiving an Employment Authorization Document (EAD - OPT card). The USCIS, depending on how busy they are, may take between two to three months to issue your EAD card.

NOTE: Once you apply to the USCIS for period of optional practical training, that authorization may not be rescinded or cancelled. This means that after practical training is authorized by the USCIS, the inability to obtain an appropriate job or the loss of a job will result in the forfeiture of optional practical training time.

Can I Travel Outside the U.S. with Post Completion OPT?

Yes, however with much caution. The US Border Officer will refuse to allow you to reenter the U.S. using practical training if you do not have the required documentation. You must have:

1. SEVIS I-20 form with OPT recommendation on page 3 along with a current signature for reentry less than 6 months old
2. A valid F-1 visa stamp
3. *A valid passport
4. Evidence of financial support
5. EAD card
6. ***A letter from you employer. If you have an employment offer letter, the dates of employment mentioned should not exceed the dates of authorization noted on your EAD card.

FAQs:

My visa has expired, what should I do?

1. You must apply for a new F-1 visa preferably in your home country.  Please be advised that you may encounter difficulty obtaining a new visa while on OPT. 
2. For necessary documents for F-1 visa applications, go to: http://travel.state.gov/visa/temp/types/types_1268.html#apply (look for “What items Does a Returning Student Need?”)
3. You must have SEVIS I-20 form with OPT recommendation on page 3 along with a current signature for re-entry less than 6 months old, and valid EAD card along with necessary documents.    
4. Re-entering the U.S. on a visa category other than F will automatically cancel your OPT.  This is also true with re-entering on visa waiver status.

I don’t have a job.  Can I leave the U.S. and return?

If you leave the U.S. while on OPT without a job, you are assuming a great risk.  The U.S. Border Office may question you about whether or not you are returning to the U.S. to continue or start a job.  The longer you have had an EAD but have not been working, the greater the likelihood you might encounter difficulties.  You should be prepared to show the evidence that you are actively trying to secure employment. 

*Citizens of Canada

Effective January 23, 2007, citizens of Canada are required to have valid passports when departing from or entering the United States from within the Western Hemisphere at air ports-of-entry. Prior to this date, Canadian citizens were exempt from the passport requirement. This rule does not change visa rules, only travel document requirements.

**Non-Immigrant Intent F visa vs Dual-Intent H visa

Remember that you are still on F-1 visa while on OPT, which means that F-1 regulations still applies to you. F-1 visa is a non-immigrant visa: When you applied for F-1 visa at the U.S. consulate, you had to assure the consular officer that you had the binding ties to a residence in foreign country that you had no intention of abandoning, and that you would depart the U.S. when you complete your studies. Unlike F visa, H (company sponsored) visa category benefits from "dual intent." Dual intent allows H visa holders to have intention of taking steps towards obtaining lawful permanent residence, know as "green card."
***While on OPT your employer may want to start the process of changing your status from F to H to sponsor you. However, if you are traveling on F-1 visa and intend to resume employment under OPT, your employer's letter must never mention its intention of sponsoring you.

Maintaining Legal Employment

It is important to note that even if you have applied for practical training, employment prior to USCIS issuing your EAD may be considered illegal employment and seriously impact your future status with the DHS.  When you begin work, you and your employer must complete a form entitled “Employment Eligibility Verification” (Form I-9), and you may need to show your employer a U.S. social security card, your passport*, and a valid EAD.  You may change employers after you have been issued the EAD provided the new job qualifies for optional practical training.

Application Process

School recommendation:

Make an appointment with the ICC for OPT.   Please be sure to bring the following materials to your appointment:

• Your current SEVIS I-20
• All previously issued forms I-20
• Your passport (except for Canadian citizens) and I-94 card (small white card attached to your passport or I-20)

At the appointment, you will be asked to complete DHS form I-765.  Note: You must provide an off campus U.S. return mailing address on form I-765.  The USCIS will contact you regarding the EAD card approval at this address.  It is advisable to use an address at which you will be able to receive mail for up to three months from the date of application.  When it is determined that you meet all the requirements, you will be recommended for employment for practical training purposes on your new SEVIS I-20.

Photographs:

You are required to submit two color photographs of specific format with your application. For more information, go to: http://travel.state.gov/passport/guide/composition/composition_874.html

There are a number of different locations at which you can obtain this type of photograph (photography stores and others).  If you submit a photograph that does not meet these specifications, the practical training application will not be processed by USCIS.  It is advisable to put your name on the back of the photograph.

Application:

Mail completed application materials to the USCIS having jurisdiction over your place of residence.  It is advisable to send the application by “certified mail/return receipt”, and to make photocopies of the entire application for your own records.  The USCIS must receive you application no later than 30 days from the date signed on SEVIS I-20 employment page. Your F-1 Optional Practical Training application should include the following documents:

• A completed form  I-765, Application for Employment Authorization
• A personal check of $340 made out to the “U.S. Citizenship and Immigration Services .“ (do not use acronym, but spell out)
• Photocopy of SEVIS I-20 with OPT recommendation on page 3.
• Photocopy of all previously issued I-20 forms, if any
• Photocopy of the front and back of your I-94 card
• Photocopy (must be readable) of the identification page from your passport
• Photocopy of most recent visa
• Two color photographs according to the USCIS specifications: http://travel.state.gov/passport/guide/composition/composition_874.html
• NSEERS (National Security Entry-Exit Registration System) registrants must include proof of registration

Mail your application to:

U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: Form I-765      
75 Lower Welden Street St.
Albans, VT  05479-0001  

Your Responsibility

The U.S. Federal Government requires us to maintain your record during the time of your OPT.  It is your responsibility to notify the ICC of the following:

1. *Change of address within 10 days
2. Change of legal name
3. Name and address of employer
4. Change of employer
5. Change of your status (e.g. change of status to H1-b visa)
6. Leaving the U.S. to return home