OPT Advisement
Optional Practical Training (OPT) is an employment benefit contained in the U.S. Citizenship and Immigration Service (USCIS) regulations governing the F-1 visa category. Students who have maintained their status will have an opportunity to obtain work experience in their fields of study in order to enhance their educational experience in the United States. There are three types of OPT:
- Pre-Completion OPT: OPT that is done before the student has completed his/her studies; full-time during the summer and/or part-time during the fall and spring semesters; time completed in Pre-completion OPT is subtracted from Post-completion OPT. English Language Institute students and Part-time Border commuters are not eligible. Filing deadline 90 days before you desire to start working (see Pre-completion Optional Practical Training application packet)
- Standard Post-completion OPT: Full-time OPT that is done after the completion of studies or for graduate students during thesis/dissertation. Language Institute students are not eligible; Filing deadline 90 days before completion of all work and 60 days after completion.
- STEM OPT: 24-Month Extension of post-completion OPT for certain Science, Technology, Engineering, and Mathematics (STEM) students. Filing deadline 90 days expiration of current Post-Completion OPT.
Preconditions
- The F-1 student must have been lawfully enrolled on a full-time basis at UTRGV for one full academic year before being eligible for OPT.
- Available both before and after completion of the educational objective, but different rules apply to pre- and post- completion OPT.
- Part-time F-1 "border commuter students" are eligible only for CPT and post-completion OPT. OPT must be “directly related to the student’s major area of study.”
Location
The student may engage in OPT for any employer for the duration of OPT authorization; as long as the employment qualifies under OPT standards.
Duration
- Standard OPT is available for a cumulative maximum of 12 months per educational level;
- Use of pre-completion OPT impacts availability of post-completion OPT - Full-time OPT is deducted from the 12 month cumulative limit at the full-time rate; Part-time pre-completion OPT is deducted from the 12 month cumulative limit at a 50% rate.
- A 24-month extension of post-completion is available to certain STEM degree recipient
Offer of employment
- No offer of employment is required to apply for standard OPT, but the student is expected to work during the OPT EAD validity period. Students on post-completion OPT are limited to an aggregate maximum of 90 days of unemployment.
- To apply for a STEM OPT extension, student must have an offer of employment from an employer registered with E-Verify. Students on a STEM OPT extension are permitted additional days of unemployment, depending on the STEM OPT rule that governs their extension:
- STEM OPT extensions governed by the 2016 24-month STEM OPT rule are eligible for an extra 60 days of unemployment, for an aggregate total of 150 days of unemployment spanning their standard post-completion OPT and their STEM OPT extension.
Miscellaneous
- If doing pre-completion OPT, student must maintain a full course of study during the period of employment (unless done during school breaks).
- Degree candidates that have completed all coursework must continue to make normal progress towards completing their thesis or dissertation required for their degree.
- Students must report to their DSO any change in the student's name and address and employer name and address; DSOs must update SEVIS with this information within 21 days of being notified by the student. Students approved for STEM OPT extensions are subject to additional reporting requirements.
- Pre-completion OPT and post-completion OPT must be filed for on separate applications. A student cannot apply for combined pre-completion OPT and post-completion OPT on the same application.
As a student at UTRGV, you have contributed in a great way to our campus community. At International Admissions and Student Services (IASS), we have had the opportunity to experience firsthand and we recognize that you deserve the highest level of customer service.
As U.S. Citizenship and Immigration Services (USCIS) processes and regulations continue to shift, International Admissions and Student Services (IASS) has felt the strain on resources as we continue to grow our internationalization efforts at UTRGV. Due to these changes, beginning August 1, 2018, a new fee will go into effect for all students who file for post-completion and the 24-month STEM extension Optional Practical Training (OPT) benefits.
The OPT Administrative Processing Fee will be $100 and 24-month STEM OPT Administrative Processing Fee will be $150. The fee will be assessed and collected as part of filing your OPT application with IASS.
Please note that the IASS OPT/STEM OPT Administrative Processing Fee is in addition from the $410 application fee paid directly to USCIS for your OPT application and both fees are non-refundable.
The new process will be as follows:
- You can pay through our website with a credit card, or in-person at Financial Services with credit card or check
- You will submit a complete OPT packet to IASS along with the receipt of your payment
- IASS will then process your OPT application
- Student will pick up their packet from IASS and then mail it to USCIS
These fees cover the IASS cost of handling, filing and maintaining your records in the Department of Homeland Security Student and Exchange Visitor Information System. Students are still responsible for postage of the USCIS documents.
As we transition to this new process, we will make every attempt to make this as seamless as possible for you and ask for your patience as we adjust as well.
Our advisors are here to answer any questions you have regarding this new process and we look forward to our continued relationship with you.
Please click below to make a payment:
OPT before completion of the course of study is commonly called "pre-completion" OPT. Use of OPT is counted cumulatively. Remember, however, that only 12 total months of standard OPT are available, and that OPT done before a degree is completed will count against that 12-month total and reduce time available after the degree is awarded.
A student who still has coursework remaining to complete his or her educational objective or degree program is limited to 20 hours per week of Optional Practical Training while school is in session. Such a student can, however, apply for full-time authorization during his or her annual vacation, and during other official school breaks. Work done for OPT must be "directly related to the student's major area of study."
Click on link for Pre-Completion OPT Form:
OPT done after completion of the course of study is referred to as "post-completion" OPT. A Form I-765 for standard post-completion OPT can be filed with USCIS up to 90 days before the program end date and up to 60 days after the program end-date, provided that it is received by USCIS no later than 30 days of the date the International Student Advisor enters the OPT recommendation into SEVIS.
Click on link for Post-Completion OPT Form:
Once the application is submitted to the IASS, it will take 5-7 working days for the paperwork to be completed for submission.
The 24-month STEM OPT extension process consist of the following:
- A student with a STEM-qualifying bachelor's, master's, or doctoral degree from an accredited, SEVIS-certified U.S. educational institution, who is in a valid period of standard post-completion OPT, has an offer of paid employment for at least 20 hours per week from an employer enrolled in E-Verify.
- The student and the employer complete a Form I-983 Training Plan, and the student submits the completed plan to the International Student Advisor.
- The International Student Advisor reviews the Form I-983 submitted by the student, and determines that it is "complete, signed, and addresses all program requirements."
- The International Student Advisor determines that the degree program that will serve as the basis
of the STEM OPT extension is on the DHS STEM Designated Degree Program List. - The International Student Advisor updates the student's SEVIS record with a recommendation for a 24-month STEM OPT extension, and issues a new Form I-20 that reflects the STEM OPT extension recommendation.
- Within 60 days of the International Student Advisor’s recommendation in SEVIS, and before the expiration of the student's post-completion OPT, the student files with USCIS: Form I-765, the Form I-765 filing fee, the STEM OPT Form I-20, and documentation of the STEM degree.
- The 24-month STEM OPT extension period begins on the day following the expiration of the student's standard post-completion OPT. If the Form I-765 is still pending as of that date, the student is authorized to continue employment for up to 180 days after the expiration of the student's post-completion OPT.
- USCIS will issue an EAD reflecting the approved STEM OPT extension.
- Throughout the STEM OPT extension period, the student, employer(s), and school comply with all reporting, training, supervision, evaluation, wage, documentation, and other obligations specified in the regulations and on Form I-983.
Click on link for 24-Month STEM OPT Form:
On March 23, 2018, the Student and Exchange Visitor Program (SEVP) launched a new SEVP Portal.
This portal is a tool where only F-1 students on post-completion optional practical training (OPT) or science, technology, engineering and mathematics (STEM) OPT must use to report changes no more than 10 days after the change.
The SEVP Portal will allow students to:
- View details about their OPT
- Report changes to their U.S. residential and mailing addresses and telephone numbers
- View and update data on their employers*
*STEM OPT students will not be able to add a new employer or to change the start date with their employer in the SEVP Portal due to the Form I-983, “Training Plan for STEM OPT Students,” requirement.
Although F-1 students will continue to receive assistance from IASS with questions or concerns about their F-1 status or post-completion OPT rights and responsibilities, after the SEVP Portal is launched, students will now be required as per our internal policy to report all OPT-related information using the new SEVP Portal.
Updates made in the SEVP portal will be sent directly to Student and Exchange Visitor Information System (SEVIS). SEVP has created a webpage on its Study in the States website with helpful information and resources about the portal for students:
IASS must have a copy of the student’s an Employment Authorization Document (OPT "card") in their student record.
If the EAD card was sent to the student’s home address, the student will be expected to submit a copy of the front and back of their EAD to IASS via email internationalforms@utrgv.edu. If the EAD card is mailed to IASS office, the student will receive a confirmation email from the International Student Advisor with further instructions.
IASS will verify OPT information and dates in the SEVIS and contact the student if there are any issues.
During the period indicated on student’s Employment Authorization Document for post-completion OPT, student may:
- Be employed, engage in an unpaid internship, or perform unpaid volunteer work
- “Work” for one or more businesses, companies, organizations, or agencies simultaneously
- Have a series of OPT “jobs” with different businesses, organizations, or agencies throughout student’s authorized OPT period
- Be self-employed and perform work for others on a contractual basis.
Note, according to USCIS regulation 8CFR 274a.12, all OPT activities must be directly related to the program of study and appropriate for the degree level indicated on student’s Form I-20.
For all appropriate OPT activities, student will need to report:
- Employer name
- Employer address
- Full-time or part-time (more than 20 hours/week), or on Pre-Completion OPT part-time (20 or less hours/week)
- Start date
- End date (if known)
- How employment is related to student’s program of study
F-1 students participating in STEM OPT are unable to add a new employer or change the start date with their employer in the SEVP Portal. They must submit their Form I-983 (Training Plan for STEM OPT Students) to IASS office via email so that student’s International Student Advisor can process the employment information update.
In addition to the reporting requirements that apply to all F-1 students on post-completion OPT, students engaging in an approved STEM OPT extension are required to:
- Submit I-983 form to IASS to report any change of employment
- Send a “validation report” to IASS every 6 months via email
- Send the 12-month evaluation form on the I-983
- Inform their employers that federal regulations require the employer to notify IASS within 5 days if employment should cease.
F-1 students on OPT/STEM OPT are required to report any changes of their U.S. residential address and foreign address to the SEVP Portal within 10 days. Since this system is managed by the U.S. Government, data will be transmitted directly to student’s SEVIS record.
Notify IASS if:
- Student’s name has changed
- Student’s email address has changed
- Student’s immigration status has changed from F-1 Student to another status while student are in the U.S.
- Student have departed the U.S. and do not intend to re-enter in F-1 Student status to use student’s remaining OPT authorization
During student’s initial 12 months of OPT authorization, F-1 regulations permits students to be unemployed for a maximum of 90 calendar days or a total of 150 days if on STEM OPT Extension.
If the student is engaged in an appropriate OPT activity, weekends or other days off for vacation or illness do not count as days unemployed. However, if the student is not engaged in an appropriate OPT activity, each day (including weekends) counts as one day of unemployment.
Students are responsible for keeping track of the number of unemployment days student accrue while participating in OPT. Students are also required to report any unemployment and any time student exceed the maximum number of employment days permitted by the OPT regulations.
Important: Exceeding the limits means the student has violated a term or condition of their lawful F-1 status. Work with IASS advisor to avoid exceeding the maximum number of unemployment days. In order to avoid termination of the student’s OPT due to unemployment, student can activate it while finding a volunteer position(s) that is related to the student’s field of study by working at least 20 hours per week. Once the student finds a job, they must update this information on the SEVP Portal to reflect the changes.
H-1B "Cap Gap" Extension
If the student is in an H-1B cap-gap extension of student’s OPT, the aggregate of unemployed days is still 90 days. That means when the student adds together the time they were unemployed during student’s initial 12 months and the time the student was unemployed during student’s H-1B cap-gap extension, they cannot total more than 90 days.
STEM OPT Extension
If student have an EAD granting student a 24-month STEM OPT extension because student completed a selected science, technology, engineering, and mathematics (STEM) program, the regulations permit student to be unemployed for a maximum of 150 days. However, student must begin counting unemployment days on the date student were authorized for student’s initial 12 months of post-completion OPT.
It is important that the student keeps written records on each of student’s post-completion OPT employment activities so that the student has a record of all time spent engaged in appropriate job/volunteer activities. IASS suggest that when a student ceases their OPT employment, or ceases their unpaid internship or volunteer work with an organization or agency, the student asks for a letter verifying the beginning and ending dates of their work or activities. This information might be included in a general letter of recommendation, if the student believes it would be appropriate to ask for such a letter. Keep a copy of this document with other important visa and immigration records.