OPT Advisement
OPT
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 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 their 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. The filing window begins 90 days before you desire to start working.
- Post-completion OPT: Full-time OPT that is done after the completion of studies or for graduate students during thesis/dissertation. The filing window begins 90 days before you graduate.
- STEM OPT: 24-Month Extension of post-completion OPT for certain Science, Technology, Engineering, and Mathematics (STEM) students. The filing window begins 90 days before the expiration of the current Post-Completion OPT.
Eligibility:
- Must be in F-1 status for one academic year or two full semesters. Students who have changed their visa status and have remained enrolled continuously may also qualify for Post-Completion OPT. Please speak with an international advisor for more information.
- Must be enrolled full-time in their last semester. Those with qualifying Reduced Course Loads )RCLs) are still eligible to apply.
- Students in the thesis portion of their graduate programs may apply for Post-Completion OPT if they want to work while they complete their thesis. If they qualify, students must complete their thesis by the end of their post-completion OPT or STEM OPT.
- Must not use more than 12 months of full-time CPT during their current degree level.
- No prior OPT authorization at the current educational level.
Applying for Post-Completion OPT:
- Request your I-20 with Post-Completion OPT recommendation via submittable: https://utrgvinternationaladmissionsstudentservices.submittable.com/login?returnUrl=%2Fsubmit%2F187149%2Frequest-i-20-for-post-completion-opt-recommendation
- Receive your I-20 from IASS.
- Create your account with USCIS and book a session with your international advisor to complete the I-765 Application for Employment Authorization together.
- Wait for USCIS to approve your I-765
- Receive your Employment Authorization Document (EAD) in the mail upon USCIS approval.
- Begin working and receive a link to your SEVP portal through your personal email and report your employment there.
- Request a new I-20 with IASS.
Reporting Requirements on Post-Completion OPT:
To maintain F-1 status during OPT, you must comply with U.S. Department of Homeland Security (DHS) employment and reporting requirements. DHS requires students to report all changes of address and periods of employment and unemployment while authorized for OPT. Any time there is a change to your employment, report the change directly to your SEVIS record using the SEVP Portal. You will receive an email with instructions on creating a portal account once your OPT is approved and the start date on your EAD has passed. This email will come from do-not-reply.sevp@ice.dhs.gov. Check your spam or junk mail folder if you do not see the email. If you still do not see it, contact international@utrgv.edu. SEVP has created a webpage on its Study in the States website with helpful information and resources about the portal for students:
Visit the SEVP Portal Help webpage
Updates must be reported within ten days of the start of your OPT work authorization and no later than ten days after any subsequent change.
Students will report the following information to the SEVP Portal:
- Change in your current U.S. address
- Legal name change
- Start or end of employment
- Change of your employer’s work-site address
- Change of your employer’s name
You do not have to provide IASS with a job offer letter and are advised to keep track of all job interviews, application submissions, offer letters, proof of payment, and other employment-related information.
All other information a student would like to update can be reported to IASS.
Employment on Post-Completion OPT:
Just as your immigration status depended on being enrolled in classes while you were a student, your immigration status depends on being employed in your field of study while on OPT. Students can begin working on the start date of their approved EAD card and no earlier. Working before the start date on your EAD card can lead to a termination of your F-1 status. IASS recommends that students have their EAD card before they begin working.
DHS has ruled that acceptable employment during OPT can include standard employment, contract employment, self-employment, and volunteer positions. All employment must be directly related to your degree and must be at least 20 hours per week. The following types of employment may count towards your Post-Completion OPT:
- Single Employer - Working in a paid position with an employer. This is the most typical type of employment that students will find themselves in.
- Multiple Employers - A student may work for more than one employer, but all employment must meet the requirements for OPT; directly related to the degree program and at least 20 hours per week with all jobs combined.
- Work for Hire - Where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week, as well as evidence showing the duration of the contract and the name and address of the contracting company. This can also commonly be referred to as contract employment.
- Employment through an agency or consulting firm - A staffing agency acts as a middleman between employers and workers, helping to match qualified candidates with companies that have job openings. If requested by DHS, you must be able to provide evidence showing that you worked an average of at least 20 hours per week.
- Self-Employed U.S. Business Owner - On the OPT reporting form, list your company’s name or print “Self-Employed” and the business address. This location may be the same as your personal address. If requested by DHS, you must be able to provide evidence that you have proper business licenses, the business is related to your degree, and that the business keeps you full-time employed.
- Internships – Students may work as paid or unpaid interns, where this practice does not violate any labor laws. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week.
- Unpaid Employment - You may work as a volunteer, where this practice does not violate any labor laws. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week. Reporting would be the same as with a paid position.
During your year of OPT, you are allowed only 90 days of unemployment. Unemployment includes any days between the "Valid From" date on your EAD and when you start your first job, any time between jobs, and any time between the end date of your last job and your end date OPT. If not employed by a U.S. employer, time spent outside the United States is counted towards the 90 days of unemployment. Unemployment days are cumulative, so if you are employed for less than the length of your OPT time and begin to look for another employer, you do not get an additional 90 days of unemployment.
Your work authorization will automatically end on the 91st day of unemployment, even though your card still appears to be valid. SEVIS records will automatically terminate for students who have no employment reported for 90 days. Ensure you have made alternate plans and communicated them to IASS before your record is terminated.
Students are responsible for keeping track of the number of unemployment days they accrue while participating in OPT. Students are also required to report any unemployment and any time they exceed the maximum number of employment days permitted by the OPT regulations. Students must leave the country on the 91st day of employment to avoid accruing unlawful presence.
Students should take action before accruing 90 days of unemployment to maintain valid F-1 status. If you are unable to find sufficient employment, you can:
- Begin a new program at UTRGV
- Transfer your SEVIS record to another U.S. institution.
- Depart the U.S.
Traveling during Post-Completion OPT:
Students can continue to travel out of the country before the end date of their I-20 regardless of if they have applied for Post-Completion OPT or not. Once you have graduated (or if the end date of your I-20 has passed in the case of students applying on thesis), you are only permitted to travel if you have applied for your Post-Completion OPT.
DO NOT EXIT THE US AFTER GRADUATION IF YOU HAVE NOT ALREADY E-FILED FOR OPT WITH USCIS. DOING SO WILL DEACTIVATE YOUR F-1 STATUS AND MAKE YOU INELIGIBLE FOR OPT. BORDER COMMUTERS AND STUDENTS WHO HAVE UPCOMING TRAVEL PLANS SHOULD APPLY FOR OPT AT LEAST TWO MONTHS BEFORE GRADUATION.
All students on Post-Completion OPT are still F-1 students and must follow F-1 student travel regulations. All students are required to carry the following documentation to re-enter the US:
- Valid passport with at least 6 months of validity remaining
- Valid unexpired F-1 student visa (does not apply to Canadian citizens)
- Most recent I-20 form with DSO travel signature no more than 12 months old
- I-94
- Valid Employment Authorization Document (EAD)
- Proof of employment from your employer that includes the dates of your employment, a description of your duties, your salary, the location where you will be working, and a number of hours of work per week. You should also be prepared to discuss how this job experience relates to your major field of study. If your employer is sponsoring you for a work visa, this information should not be included in your letter for travel while on OPT. Any mention of plans to change visa statuses could be interpreted as a misrepresentation of your intentions in the U.S. by a Port of Entry Officer. A volunteer position letter is acceptable.
Traveling inside the US is allowed while you wait for OPT or to apply for Post–Completion OPT after or before graduation within the grace period window:
- Valid passport with at least six months of validity remaining.
- Valid F-1 student visa (does not apply to Canadian citizens).
- The most recent I-20 form with DSO travel signature is no more than 12 months old. If you need a new travel signature, please request one here.
- I-94.
While there is nothing in the regulations against students traveling outside of the country while their OPT is pending after graduation, traveling during this period can jeopardize the approval of your application. Each entry is subject to the CBP officer you encounter during your attempt to enter, and there is a risk that you will be turned away from entering. It is important to note that re-entry to the U.S. immediately before your official graduation date carries an increased risk of denial of entry if you have not yet applied to Post-Completion OPT.
If you are going to Canada or Mexico or other contiguous territories (except for Cuba) and staying for less than 30 days, you can re-enter the U.S. on your expired F-1 visa stamp, a valid passport, EAD card, and an I-20 with a valid travel signature. This process is called Automatic Visa Revalidation. Tell the immigration official at the port of exit (border) that you intend to stay outside the U.S. for less than 30 days and that your U.S. visa is expired. Make sure to have all your documents before you travel and present those documents to reenter the U.S.
If you are traveling elsewhere and your F-1 visa is expired, you must visit a U.S. embassy or consulate to apply for a new F-1 visa. Please reference our Applying for a U.S. Visa page for more information on the visa renewal process. In addition to the documents listed on the Visa Information page, you will also need to bring your EAD card and employment letter with you to the visa appointment.
Please note that the risk of denial for an F-1 visa renewal while on OPT is slightly higher than when you are enrolled in an academic program. As the F-1 student visa requires applicants to have intentions to return to their home country upon completing their academic program, the visa application could be denied if the embassy official is not convinced of your intention to return home.
During your visa appointment, it is important to demonstrate that your intent still matches the purpose of the non-immigrant F-1 student visa category. Be prepared to answer how your stay in the United States is temporary, and be prepared to demonstrate that you do not intend to immigrate to the United States. You can do this by showing strong ties to your home country, such as family, property, or employment waiting for your return. Evidence can often be subjective, so use your best judgment to decide what documents you want to take with you to your visa appointment.
RE-ENTERING THE UNITED STATES IN A STATUS OTHER THAN F-1 (SUCH AS A TOURIST) WILL INVALIDATE F-1 STATUS AND OPT AUTHORIZATION.
For international travel, the travel signature on page 2 of your I-20 should be less than 12 months old by the date of your return to the U.S.
If you need an updated travel signature, please complete the Travel Endorsement Signature request on the I-20 form via Submittable.
Post-Completion OPT Considerations:
- Requesting a certain start date does not guarantee that you will be able to begin working on that date. USCIS must approve your application, and you must receive your EAD before you can begin working, even if the requested start date has passed.
- Although you may be approved for up to 12 months of OPT, when USCIS issues your EAD, the latest end date will be 14 months after your I-20 program end date. The later you apply, the greater your chance of not receiving the full 12 months.
- The COVID-19 pandemic is fluid, and USCIS processing times for Post-Completion OPT. Typical processing times for Post-Completion OPT is 90-120 days.
- If you have application issues, please get in touch with IASS for guidance. In some cases, IASS will be able to intervene with USCIS on your behalf. However, in most cases, you will need to contact USCIS yourself about any issues by calling the USCIS National Customer Service hotline at 1-800-375-5283 and reporting the issue.
- Contact IASS if you need to cancel your OPT application, change your OPT dates, don’t graduate as planned, Receive an RFE or rejection, or update your mailing address on your I-765.
- Beginning a full-time program of study while on OPT is not allowed. If you wish to start a new program while on OPT, the remainder of the OPT must be forfeited before beginning classes with the new program. If interested in joining a program that does not have the authorization to admit F-1 students and thus cannot issue an I-20, students should discuss their options with the International Student Adviser at that school.
- Driver’s licenses are normally issued through the Form I-20 program end date, and the EAD card is considered necessary to renew a license beyond graduation. DMVs will not update or renew driver’s licenses if OPT is not approved.
- Students must submit their I-765 within 30 days of receiving the OPT.
- While on Post-Completion OPT, you are subject to all applicable federal, state, and local taxes and must report all taxes to your state and the IRS.
- Students who complete a program of study are no longer eligible to purchase AHP student insurance. Health insurance is highly recommended due to the high cost of health care in the United States.
- OPT is not a different visa status. A person with OPT authorization is still an F-1 student holding an EAD for OPT.
- Canceling your request for Post-Completion OPT will not yield you a refund from USCIS; once the application has been submitted and the payment has been processed, you are not eligible for a refund.
- Canceling your request for Post-Completion OPT will also not allow you to get a refund on the $100 UTRGV OPT administrative processing fee.
Options after Post-Completion OPT:
Students are allowed a 60-day grace period following their OPT expiration date to leave the United States, change their visa status, or transfer their F-1 record to a new school or program. In some cases, students may want to pursue these options before the end of their OPT. If you remain in the United States past the end of your 60-day grace period without transferring to a new school or program or having applied for a timely filed Change of Status, this is a violation of your F-1 status and could lead to current or future consequences to your US visa record.
- Leaving the United States - If your plan is to depart the United States after OPT, you must do so within your 60-day grace period. You must stop working by the end date on your EAD card. If you are leaving the United States before the end date on your EAD, you must report this to IASS so we can update your SEVIS record. Please report to us here.
- Changing visa status - If you are approved for a change of visa status during your OPT, you must report this to IASS so we can update your SEVIS record. Please report to us here. If you have a pending or approved change of status when or after your OPT ends, check with the immigration legal counsel working on your change of status application to determine what options are available to you and if you may remain in the United States past the end of your 60-day grace period without a negative impact to your immigration status. This includes the H1B-GAP extension, a regulatory provision that extends an eligible F-1 student's status to bridge the gap between the end of F-1 OPT or OPT STEM work authorization and the start of H-1B status, thereby allowing the student to remain in the US during the "gap."
- Transferring your SEVIS record- If you plan to return to school after your OPT, you will need to request a Transfer Out of your F-1 SEVIS record to another school. This must be done before the end of the 60-day grace period following the OPT end date if you want your record to be transferred as ACTIVE status.
- Pursuing another degree at UTRGV - If you plan to return to UTRGV after your OPT, you will need to request a Change of Educational level of your I-20 after being admitted into your chosen program. Documents must be submitted the Certification of Financial Responsibility (CFR), visa, passport, and, if applicable, the Mexican Tuition Waiver.
Eligibility:
- Must be a recipient of a U.S. Bachelor’s, Master’s, or Doctoral degree in a STEM (science, technology, engineering, or math) designated degree program. You can check if your major is STEM eligible on the current STEM Designated Degree list. Your major code can be found on your I-20 under the section PROGRAM OF STUDY. You can apply based on any previous STEM degree from a SEVP, accredited U.S. institution within the last ten years.
- Must be currently authorized for a 12-month OPT under an E-Verified employer and have not exceeded 90 days of unemployment. E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.
- Must be employed for at least 20 hours per week directly related to your STEM field of study from an employer registered in the USCIS E-Verify Program.
- Your employer is able to fully complete Form I-983.
- You are applying no more than 90 days before your 12-month OPT expires and no later than the expiration of your 12-month OPT EAD.
- Must have maintained F-1 status while on OPT.
- Must be physically in the U.S. when you apply for STEM OPT.
Applying for STEM OPT:
- Request your I-20 with STEM Extension OPT recommendation via submittable: https://utrgvinternationaladmissionsstudentservices.submittable.com/submit/191427/request-i-20-for-stem-opt-recommendation-extension
- Complete the form I-983 with your e-verified employer. Instructions on how to complete the I-983 can be found here via study in the States.
- Receive your I-20 from IASS.
- Create your account with USCIS and book a session with your international advisor to complete the I-765 Application for Employment Authorization together.
- Wait for USCIS to approve your I-765.
- Receive the Employment Authorization Document (EAD) in the mail upon USCIS approval.
- Continue working with your e-verified employer.
- Request a new I-20 with IASS with STEM OPT approval.
- All STEM OPT applicants must be in the U.S. to apply for STEM OPT.
Reporting Requirements on STEM OPT:
To maintain F-1 status during STEM OPT, you must comply with U.S. Department of Homeland Security (DHS) employment and reporting requirements. DHS requires students to report all changes of address and periods of employment and unemployment while authorized for STEM OPT. To meet your reporting obligations, you must report the information to the IASS. Please note while you may also make some updates using the SEVP Portal, you are still required to submit a validation report to IASS. Updates to your address and employer are required to be completed within ten days of any change. Validations have strict deadlines, and IASS can only validate your information during your validation window. If you miss your validation window, there is no way to complete the validation in SEVIS, and it will show as missing for the remainder of the time that you are involved with STEM OPT.
Every six months (i.e., 6, 12, 18, and 24 months from your STEM EAD start date), you will be required to submit a validation report to IASS through submittable. The 12 and 24-month validation reports will need to include a self-evaluation (first section on page 5 of the form I-983) with your supervisor's signature.
You are required to report any changes or updates of employment to IASS by completing your current I-983 and filling out a new one with your new or updated employer. These include, but are not limited to:
- Change of Employer.
- Change of job duties (promotion, change of job within the same employer, etc.)
- Any significant decrease in weekly hours that a student engages in a STEM training opportunity.
- Any change of the employer’s EIN.
- Any change of the employer’s name.
- Any change of the employer’s address.
Employment on STEM OPT:
You must continue to be employed at least 20 hours per week with an employer who is e-verified and has agreed to complete a form I-983. While on STEM OPT, you may continue to have more than one employer as long as each employer is e-verified and agrees to complete a form I-983. Form I-983s must be submitted at the time that employment updates are requested and must be submitted within ten days of any change. While on the STEM extension, you will continue to have access to the SEVP portal for address updates only; employment can no longer be updated by anyone other than your DSO.
Unemployment on STEM OPT extends to 150 days. It combines the 90 unemployment days allotted during Post-Completion OPT and 60 additional days given for STEM OPT. Unemployment accrued during Post-Completion OPT will be carried over to STEM OPT. For example, if you accrued 60 days of unemployment before applying to SETM OPT, you now have 90 days of unemployment remaining when STEM OPT is approved. Volunteer/Unpaid positions and self-employment are NOT allowed by the 24-Month STEM OPT Extension and cannot be used as a way to delay unemployment. If you are on STEM OPT and exceed 150 cumulative days of unemployment, you have violated your F-1 status. DHS may terminate your SEVIS record, and you may be subject to deportation. You should take action before accruing 150 days of unemployment to maintain valid F-1 status. If you are unable to find sufficient employment, you can:
- Begin a new program at UTRGV.
- Transfer your SEVIS record to another U.S. institution.
- Depart the U.S.
Changing employers while STEM OPT is pending is allowed. After an updated I-20 has been issued, we recommend sending an amendment to USCIS to let them know what has changed. The new employer must be enrolled in E-Verify and follow the reporting procedures on the I-983. If you applied online, you may upload your documents through the USCIS Portal.
Traveling during Post-Completion OPT:
You can travel abroad and reenter the U.S. with your expired Post-Completion OPT EAD card and the original receipt notice for your STEM OPT application issued by USCIS. You cannot travel with an email or text confirmation, or a printout of your online case status, in lieu of the physical receipt notice. This only applies during the 180 days of authorized employment while your STEM OPT application is pending. All students on STEM OPT are still F-1 students and must follow F-1 student travel regulations. All students are required to carry the following documentation to re-enter the US:
- Valid passport with at least six months of validity remaining
- Valid unexpired F-1 student visa (does not apply to Canadian citizens)
- Most recent I-20 form with DSO travel signature no more than 12 months old
- Valid Employment Authorization Document (EAD)
- I-94
- Proof of employment from your employer includes the dates of your employment, a description of your duties, your salary, the location where you will be working, and the number of work hours per week. You should also be prepared to discuss how this job experience relates to your major field of study. If your employer is sponsoring you for a work visa, this information should not be included in your letter for travel while on OPT. Any mention of plans to change visa statuses could be interpreted as a misrepresentation of your intentions in the U.S. by a Port of Entry Officer.
Traveling inside the US is allowed while you wait for STEM OPT to be approved with the following documentation:
- Valid passport with at least six months of validity remaining.
- Valid F-1 student visa (does not apply to Canadian citizens).
- I-94.
- Most recent I-20 form with DSO travel signature no more than 12 months old. If you need a new travel signature, please request one here.
While there is nothing in the regulations against students traveling outside of the country while their STEM OPT is pending, traveling during this period can jeopardize the approval of your application. Each entry is subject to the CBP officer you encounter during your attempt to enter, and there is a risk that you will be turned away from entering.
If you are going to Canada or Mexico or other contiguous territories (except for Cuba) and staying for less than 30 days, you can re-enter the U.S. on your expired F-1 visa stamp, a valid passport, EAD card, and an I-20 with a valid travel signature. This process is called Automatic Visa Revalidation. Tell the immigration official at the port of exit (border) that you intend to stay outside the U.S. for less than 30 days and that your U.S. visa is expired. Make sure to have all your documents before you travel and present those documents to reenter the U.S.
If you are traveling elsewhere and your F-1 visa is expired, you must visit a U.S. embassy or consulate to apply for a new F-1 visa. Please reference our Applying for a U.S. Visa page for more information on the visa renewal process. In addition to the documents listed on the Visa Information page, you will also need to bring your EAD card and employment letter with you to the visa appointment.
Please note that the risk of denial for an F-1 visa renewal while on STEM OPT is slightly higher than when you are enrolled in an academic program. As the F-1 student visa requires applicants to have intentions to return to their home country upon completing their academic program, the visa application could be denied if the embassy official is not convinced of your intention to return home.
During your visa appointment, it is important to demonstrate that your intent still matches the purpose of the non-immigrant F-1 student visa category. Be prepared to answer how your stay in the United States is temporary and be prepared to demonstrate that you do not intend to immigrate to the United States. You can do this by showing strong ties to your home country, such as family, property, or employment waiting for your return. Evidence can often be subjective, so use your best judgment to decide what documents you want to take with you to your visa appointment.
RE-ENTERING THE UNITED STATES IN A STATUS OTHER THAN F-1 (SUCH AS A TOURIST) WILL INVALIDATE F-1 STATUS AND STEM OPT AUTHORIZATION.
For international travel, the travel signature on page 2 of your I-20 should be less than 12 months old by the date of your return to the U.S.
If you need an updated travel signature, please complete the Travel Endorsement Signature request on the I-20 form via Submittable.
STEM OPT Considerations:
- Beginning a full-time program of study while on STEM OPT is not allowed. If you wish to start a new program while on STEM OPT, the remainder of the STEM OPT must be forfeited before beginning classes with the new program. If interested in joining a program that does not have the authorization to admit F-1 students and thus cannot issue an I-20, students should discuss their options with the International Student Adviser at that school.
- Driver’s licenses are normally issued through the Form I-20 program end date, and the EAD card is considered necessary to renew a license beyond graduation. DMVs will not update or renew driver’s licenses if STEM OPT is not approved.
- If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
- While on STEM OPT, you are subject to all applicable federal, state, and local taxes and must report all taxes to your state and the IRS.
- Students who complete a program of study are no longer eligible to purchase AHP student insurance. Health insurance is highly recommended due to the high cost of health care in the United States.
- The COVID-19 pandemic is a fluid situation, and USCIS processing times for STEM OPT. Typical processing times for STEM OPT is 90-120 days.
- If you have application issues, please get in touch with IASS for guidance. In some cases, IASS will be able to intervene with USCIS on your behalf. However, in most cases, you will need to contact USCIS yourself about any issues by calling the USCIS National Customer Service hotline at 1-800-375-5283 and reporting the issue.
- OPT is not a different visa status. A person with OPT authorization is still an F-1 student holding an EAD for OPT.
- Canceling your request for STEM OPT will not yield you a refund from USCIS; once the application has been submitted and the payment has been processed, you are not eligible for a refund.
- Canceling your request for STEM OPT will also not allow you to get a refund on the $150 UTRGV OPT administrative processing fee.
Options after STEM OPT:
Students are allowed a 60-day grace period following their STEM OPT expiration date to leave the United States, change their visa status, or transfer their F-1 record to a new school or program. In some cases, students may want to pursue these options before the end of their OPT. If you remain in the United States past the end of your 60-day grace period without transferring to a new school or program or having applied for a timely filed Change of Status, this is a violation of your F-1 status and could lead to current or future consequences to your US visa record.
- Leaving the United States - If your plan is to depart the United States after STEM OPT, you must do so within your 60-day grace period. You must stop working by the end date on your EAD card. If you are leaving the United States before the end date on your EAD, you must report this to IASS so we can update your SEVIS record. Please report to us here.
- Changing visa status - If you are approved for a change of visa status during your STEM OPT, you must report this to IASS so we can update your SEVIS record. Please report to us here. If you have a pending or approved change of status when or after your OPT ends, check with the immigration legal counsel working on your change of status application to determine what options are available to you and if you may remain in the United States past the end of your 60-day grace period without a negative impact to your immigration status. This includes the H1B-GAP extension, a regulatory provision that extends an eligible F-1 student's status to bridge the gap between the end of F-1 OPT or OPT STEM work authorization and the start of H-1B status, thereby allowing the student to remain in the US during the "gap."
- Transferring your SEVIS record- If you are planning to go back to school after your OPT, you will need to request a Transfer Out of your F-1 SEVIS record to another school. This must be done before the end of the 60-day grace period following the OPT end date if you want your record to be transferred to ACTIVE status.
Eligibility:
- Must be in F-1 status for one academic year or two full semesters. Students who have changed their visa status and have remained enrolled continuously may also qualify for Pre-Completion OPT. Please speak with an international advisor for more information.
- Full-time enrollment required fall and spring semesters.
- Enrollment is required in the summer if it is your graduating semester. In your graduating semester, you meet your enrollment requirements by enrolling in the courses remaining to earn your degree.
- Currently in valid F-1 status.
- You have not been authorized for 12 months of full-time Curricular Practical Training (CPT).
- You have not previously completed 12 months of full-time OPT at the same degree level.
Applying for Pre-Completion OPT:
- Book a session with your IASS advisor. Because Pre-Completion OPT is expensive and reduces your Post-Completion OPT time, an appointment is needed. The link to the application will be given at the time of the appointment.
- Receive your I-20 from IASS.
- Create your account with USCIS and book a session with your international advisor to complete the I-765 Application for Employment Authorization together.
- Wait for USCIS to approve your I-765
- Receive the Employment Authorization Document (EAD) in the mail upon USCIS approval.
- Begin working and receive a link to your SEVP portal through your personal email and report your employment there.
- Request a new I-20 with IASS.
Reporting Requirements on Pre-Completion OPT:
To maintain F-1 status during OPT, you must comply with U.S. Department of Homeland Security (DHS) employment and reporting requirements. DHS requires students to report all changes of address and periods of employment and unemployment while authorized for OPT. Any time there is a change to your employment, report the change directly to your SEVIS record using the SEVP Portal. You will receive an email with instructions on creating a portal account once your OPT is approved and the start date on your EAD has passed. This email will come from do-not-reply.sevp@ice.dhs.gov. Check your spam or junk mail folder if you do not see the email. If you still do not see it, contact international@utrgv.edu. SEVP has created a webpage on its Study in the States website with helpful information and resources about the portal for students:
Visit the SEVP Portal Help webpage
Updates must be reported within ten days of the start of your OPT work authorization and no later than ten days after any subsequent change.
Students will report the following information to the SEVP Portal:
- Change in your current U.S. address
- Legal name change
- Start or end of employment
- Change of your employer’s work-site address
- Change of your employer’s name
Students do not have to provide IASS with a job offer letter and are advised to keep track of all job interviews, application submissions, offer letters, proof of payment, and other employment-related information.
All other information a student would like to update can be reported to IASS.
Employment on Pre-Completion OPT:
Students can begin working on the start date of their approved EAD card and no earlier. Working before the start date on your EAD card or after the end date can lead to a termination of your F-1 status. IASS recommends that students have their EAD card before they begin working.
DHS has ruled that acceptable employment during OPT can include standard employment, contract employment, self-employment, and volunteer positions. All employment must be directly related to your degree and must be at least 20 hours per week. The following types of employment may count towards your Post-Completion OPT:
- Single Employer - Working in a paid position with an employer. This is the most typical type of employment that students will find themselves in.
- Multiple Employers - A student may work for more than one employer, but all employment must meet the requirements for OPT; directly related to the degree program and at least 20 hours per week with all jobs combined.
- Work for Hire - Where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week, as well as evidence showing the duration of the contract and the name and address of the contracting company. This can also commonly be referred to as contract employment.
- Employment through an agency or consulting firm - A staffing agency acts as a middleman between employers and workers, helping to match qualified candidates with companies that have job openings. If requested by DHS, you must be able to provide evidence showing that you worked an average of at least 20 hours per week.
- Self-Employed U.S. Business Owner - On the OPT reporting form, list your company’s name or print “Self-Employed” and the business address. This location may be the same as your personal address. If requested by DHS, you must be able to provide evidence that you have proper business licenses, the business is related to your degree, and that the business keeps you full-time employed.
- Internships – Students may work as paid or unpaid interns, where this practice does not violate any labor laws. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week.
- Unpaid Employment - You may work as a volunteer, where this practice does not violate any labor laws. If requested by DHS, you must be able to provide evidence that you worked an average of at least 20 hours per week. Reporting would be the same as with a paid position.
While on Pre-Completion OPT, unemployment is unlimited, although IASS suggests that you have employment lined up as the time request for Pre-Completion OPT will be used up regardless of if you have found employment or not. Any time used on Pre-Completion OPT takes away from the time you have available for future OPT requests. Every day of part-time or full-time Pre-Completion OPT takes away one day that would be available for future pre- or post-completion OPT. Two months of Pre-Completion OPT reduces your available OPT time by two months. Every day of OPT you are approved for is considered used even if you do not work every day you are authorized for. You will lose time from your total amount of available OPT even if you do not work on Pre-Completion OPT.
If you are eligible for STEM OPT, remember that it is an extension of your Post-Completion OPT. Therefore, you must have OPT time to apply for Post-Completion OPT to apply for STEM OPT. Your post-completion must also be approved before you can apply for STEM OPT. It is strongly recommended that students keep accurate records of their OPT employment as they may be required by USCIS or the Department of State to show proof of their OPT activities.
Traveling on Pre-Completion OPT:
All students on Post-Completion OPT are still F-1 students and must follow F-1 student travel regulations. All students are required to carry the following documentation to re-enter the US:
- Valid passport with at least six months of validity remaining.
- Valid unexpired F-1 student visa (does not apply to Canadian citizens).
- The most recent I-20 form with DSO travel signature is no more than 12 months old.
- I-94.
Traveling inside the US while you are pending approval for your Pre-Completion OPT and when it has been approved is allowed. All students are required to carry the following documentation to travel within the U.S:
- Valid passport with at least six months of validity remaining.
- Valid F-1 student visa (does not apply to Canadian citizens).
- I-94.
- The most recent I-20 form with a DSO travel signature is no more than 12 months old. If you need a new travel signature, please request one here.
While there is nothing in the regulations against students traveling outside of the country while their Pre-Completion OPT is pending, traveling during this period can jeopardize the approval of your application. Each entry is subject to the CBP officer you encounter during your attempt to enter, and there is a risk that you will be turned away from entering.
Suppose you are going to Canada, Mexico, or other contiguous territories (except for Cuba) and staying for less than 30 days. In that case, you can re-enter the U.S. on your expired F-1 visa stamp, a valid passport, an EAD card, and an I-20 with a valid travel signature. This process is called Automatic Visa Revalidation. Tell the immigration official at the port of exit (border) that you intend to stay outside the U.S. for less than 30 days and that your U.S. visa is expired. Make sure to have all your documents before you travel and present those documents to reenter the U.S.
If you are traveling elsewhere and your F-1 visa is expired, you must visit a U.S. embassy or consulate to apply for a new F-1 visa. Please reference our Applying for a U.S. Visa page for more information on the visa renewal process. In addition to the documents listed on the Visa Information page, you will also need to bring your EAD card and employment letter with you to the visa appointment.
Please note the risk of denial for an F-1 visa renewal. During your visa appointment, it is important to demonstrate that your intent still matches the purpose of the non-immigrant F-1 student visa category. Be prepared to answer how your stay in the United States is temporary, and be prepared to demonstrate that you do not intend to immigrate to the United States. You can do this by showing strong ties to your home country, such as family, property, or employment waiting for your return. Evidence can often be subjective, so use your best judgment to decide what documents you want to take with you to your visa appointment.