1. What is the eligibility criteria for OPT?
The eligibility criteria for Optional Practical Training (OPT) is determined by the United States Citizenship and Immigration Services (USCIS). To be eligible for OPT, an individual must be a current nonimmigrant student in F-1 status who is enrolled in and actively pursuing a full course of study at an accredited U.S. college or university. Additionally, the individual must have been lawfully enrolled on a full-time basis in the same educational program for at least one academic year prior to applying for OPT.
2. How long is the OPT authorization period?
The OPT authorization period is up to 12 months.
3. How long after graduation can I apply for OPT?
You must apply for OPT within 90 days of your graduation date.
4. When do I need to apply for OPT?
You should apply for OPT before your current F-1 visa expires, or three months before you graduate, whichever comes first. Depending on the type of program you are enrolled in and the length of your program, you may be eligible to apply for OPT up to 90 days before your program ends.
5. What are the restrictions on working with an OPT visa?
The restrictions on working with an OPT visa include that the person must be employed in an occupation related to their field of study, work for more than 20 hours a week, and not use their OPT status for more than one year. Additionally, the person must be in valid F-1 status at the time of application, have been enrolled as a full-time student for at least one academic year, and have no more than 12 months of full-time Curricular Practical Training (CPT) prior to OPT approval.
6. What types of companies can I work with on an OPT visa?
You can work with most companies, including for-profit and non-profit organizations, as long as the job is related to your field of study. OPT is not limited to specific types of workplaces or industries. Keep in mind, you must ensure that the employer is registered with E-Verify and that all paperwork and applications related to the OPT program are processed correctly.
7. How many hours per week am I allowed to work on an OPT visa?
The number of hours you are allowed to work on an OPT visa depends on the type of OPT you are granted. If you are granted a pre-completion OPT, you are limited to working 20 hours or less per week while school is in session. If you are granted a post-completion OPT, you are allowed to work up to 40 hours per week.
8. Is there a limit to the amount of money I can earn while on an OPT visa?
No, there is no limit to the amount of money you can earn while on an OPT visa. However, you must ensure that you are properly following all applicable rules and regulations for employment and wages when you are working with your OPT visa.
9. Can I obtain a green card through an OPT visa?
No, an OPT visa does not provide a pathway to a green card. However, if you obtain a job offer from an employer in the United States related to your field of study, you may be eligible for an H-1B visa, which can lead to a green card.
10. Can I travel outside of the US while on an OPT visa?
Yes. You may travel outside of the US while on an OPT visa if you have a valid visa, an endorsed I-20 form, and have an approved OPT STEM extension. Additionally, you must provide evidence that your primary purpose for traveling abroad is for leisure, academic training, or business purposes related to your major area of study.
11. Can I change employers while on an OPT visa?
Yes. An OPT visa grants you the right to work legally for any employer in the US, as long as the job is related to your field of study. However, it is important to note that when switching employers while on an OPT visa you must notify U.S. Citizenship and Immigration Services (USCIS) and provide proof that you are still employed in your field of study.
12. What is the process for applying for an OPT visa?
The application process for an OPT visa involves several steps, including obtaining a U.S. employer to sponsor the application, obtaining an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Service, and finally, submitting an I-765 application. This application must include supporting documents such as proof of educational credentials, evidence of employment eligibility, and a receipt from SEVIS. Once approved, the student will be granted an OPT visa that is valid for up to 12 months.
13. What documents do I need to apply for an OPT visa?
To apply for an OPT visa, you will need to provide the following documents:
1. Form I-765, “Application for Employment Authorization”;
2. Your most recent Form I-20;
3. Proof of legal nonimmigrant status;
4. A valid passport;
5. Two passport-style photographs; and
6. The appropriate filing fee.
14. Can I change my major or degree level while on an OPT visa?
No. You cannot change your major or degree level while on an OPT visa. If you wish to change your major or degree level, you must apply for and receive a new visa.
15. Are there any fees associated with obtaining an OPT visa?
Yes, there are fees associated with obtaining an OPT visa. The fee for submitting the Form I-765 to USCIS is $410. Additionally, you may need to pay a fee to have the form printed and mailed to you. Additionally, you may need to pay a fee for biometric services if required.
16. Can I work in more than one job with my OPT visa?
Yes, you can work in more than one job with your OPT visa, as long as the positions are related to your field of study.
17. Can my OPT visa be extended beyond the initial authorization period?
Yes, your OPT visa can be extended in certain conditions such as if you are enrolled in a STEM degree program and have successfully completed at least one year of full-time study.
18. How many times can I renew my OPT visa?
You can renew your OPT visa once, for a maximum of 24 months.
19. Are there any tax implications for working with an OPT visa?
Yes, there are tax implications for working with an OPT visa. Nonresident aliens who are in the US on an OPT visa are generally subject to the same federal income tax rules as US citizens and resident aliens. They must report all US-source income on their federal income tax return. Additionally, they may also be subject to state and local taxes depending on the state in which they are working.
20. What are the implications of violating the terms of my OPT visa?
Violating the terms of your OPT visa can have serious legal and immigration consequences. Depending on the type of violation, you may be subject to deportation, denied re-entry to the United States, or have your visa revoked. You may also be barred from returning to the US for up to 10 years. It is important to maintain compliance with all OPT rules and regulations to avoid these possible consequences.