1. What is the duration of OPT?
The duration of Optional Practical Training (OPT) depends on the student’s field of study. Generally, students in STEM (science, technology, engineering, and mathematics) fields are eligible for an extended duration of OPT that allows them to work in the U.S. for up to three years. Other students may be eligible for a standard 12-month OPT period.
2. Is it possible to extend my OPT duration?
Yes, it is possible for you to extend your OPT duration, but you must meet certain criteria. First, your OPT must be less than 29 months old, and you must have an employer who is willing to sponsor an extension. Additionally, you must be able to demonstrate that you have been actively employed for the entire duration of your OPT. Finally, your employer must submit a petition for extension to USCIS on your behalf.
3. How can I apply for OPT?
To apply for OPT, you must first complete an application for a STEM Extension and submit it to U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents. These include a Form I-765, a valid passport, your Form I-20, evidence of financial support, and other materials. Additionally, you may need to provide a copy of your transcript, letters of recommendation, and a resume detailing your work experience. Once your application is processed and approved, you will be granted OPT status.
4. What are the eligibility requirements for OPT?
To be eligible for OPT, applicants must:
– be a current student in F-1 status at an accredited U.S. college or university
– have been in valid F-1 status for at least 9 months
– be in good academic standing and making normal progress towards completing their degree program
– have requested the Application for OPT in a timely manner with the Designated School Official
– have secured employment or have a job offer that qualifies for OPT (employment must be related to current field of study)
– have an EAD card issued by United States Citizenship and Immigration Services (USCIS)
– remain enrolled in school full-time, if required by the school, during the time they are on OPT
5. What documents do I need to submit with my OPT application?
You will need to submit your Form I-20, your Form I-765, a valid passport, two passport photographs, Employment Authorization Document (if applicable), I-94 card (if applicable), and the application fee.
6. Are there any restrictions on what type of work I can do during my OPT period?
Yes, during OPT, F-1 visa holders are only allowed to engage in activities that are related to their major area of study. Additionally, OPT is a non-paid period of work, so all activities must be unpaid or the student must receive compensation from a third-party, such as an employer or scholarship. Finally, OPT authorization is not valid for any type of self-employment or business ownership.
7. Can I work for multiple employers during my OPT period?
Yes, as long as you are working in a job that is directly related to your degree, and as long as you follow the guidelines for reporting changes to your work and educational information to USCIS.
8. Can I travel outside the US while I’m on OPT?
Yes, you may travel abroad while on OPT. However, you must have an unexpired EAD card, a valid passport, and a valid visa in order to return back to the U.S. If you applied for a STEM extension, you must also have an approved I-765 form and a valid travel signature on the back of your EAD card. It is also important to note that your employer must still be able to verify your employment and that you should contact the local U.S. embassy or consulate prior to traveling abroad.
9. When should I start the application process for OPT?
It is recommended to begin the application process for OPT at least three months before your anticipated graduation date.
10. How long after my graduation can I start working on OPT?
You may apply to begin working on OPT up to 90 days before the program end date listed on your Form I-20 and must begin no later than 60 days after your graduation date.
11. How do employers know that I am authorized to work in the US on an OPT visa?
Employers will need to see the Employment Authorization Document (EAD) that is issued to you by the USCIS as proof of your authorization to work on an OPT visa. Your EAD must be provided to your employer before you can begin working.
12. Are there any fees associated with the OPT application process?
Yes. The fee to apply for OPT is $410. This fee must be paid to U.S. Citizenship and Immigration Services (USCIS) when you submit your application.
13. What are the reporting requirements for me while I’m on an OPT visa?
While on an OPT visa, you will be required to report to the U.S. Citizenship and Immigration Services (USCIS) any changes in your address, place of employment or job title, and employer information. You must also apply for an Employment Authorization Document (EAD) if you have not already done so. Finally, you must report to USCIS if you transfer from one school to another or if your OPT employment is terminated or interrupted.
14. Can I change employers while on an OPT visa?
Yes, you can change employers on an OPT visa. However, the new employer must sponsor a new H-1B visa application for you in order for you to remain in the United States and continue working.
15. What are the reporting requirements for employers hiring F-1 visa holders on OPT visas?
Employers must report employment information of F-1 visa holders on OPT visas to the United States Citizenship and Immigration Services (USCIS). This includes the student’s name, employer name, job title, start and end dates, and the number of hours worked. This information must be submitted on an Employment Authorization Document (EAD) provided by the USCIS. Additionally, employers must report any changes in the student’s employment to USCIS.
16. Can I transfer my OPT status to another school or program?
No, you cannot transfer your OPT status to another school or program. However, it is possible to transfer your OPT from one employer to another if certain conditions are met. For more information, please refer to the U.S. Citizenship and Immigration Services (USCIS) website.
17. Is it possible for me to transfer my visa status from F-1 to H-1B during my OPT period?
Yes, it is possible to change your visa status from F-1 to H-1B during your OPT period. However, you will need to have your employer file a petition for a new visa on your behalf. This process can be challenging and time consuming, so you should consult with an experienced immigration attorney for assistance.
18. Can I apply for permanent residency while on an OPT visa?
Yes, you can apply for permanent residency while on an Optional Practical Training (OPT) visa. However, the application process can take up to several years and is dependent on many factors, including the applicant’s immigration status, country of origin, and specific job category. It is important to consult with an experienced immigration attorney to determine your eligibility and the best path forward for your specific situation.
19. What type of documentation will I need to provide if I get audited by the USCIS while on an OPT visa?
You will need to provide documentation to prove that you are in the United States for the purpose of practical training related to your major area of study and that you are following all the rules and regulations of the OPT program. Documentation may include, but is not limited to: a valid Form I-20, copies of your current and past EAD cards, copies of pay stubs or bank statements showing payment/receipts of compensation, employment contracts, proof of participation in a training/mentorship program, and any other documents related to your employment.
20. Are there any tax considerations that I should be aware of when working on an OPT visa?
Yes, there are many tax considerations that you should be aware of when working on an OPT visa. These include filing taxes, understanding the tax implications of income earned while on OPT, and understanding how taxes may differ when transferring to an H-1B visa. It is important to consult with an experienced immigration attorney or a tax professional to ensure that you understand all of the relevant tax implications.