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Basic Description:
As an F-1 student, you may apply to Department of Homeland Security (DHS) for authorization for 12 months of temporary employment for Optional Practical Training (OPT). Qualified students can request a 17 month OPT extension for up to 29 months of OPT. For more information on the 17 month OPT extension visit our website at www.international.txstate.edu.The employment should be directly related to your major area of study and commensurate with your degree level. To be eligible for OPT, you must be in legal F-1 status at the time of application and have completed one academic year as a full-time student (not necessarily in F-1 status). OPT can be authorized at the following times:
Post-Completion: After completion of your studies (most students choose this option) IMPORTANT! If choosing this option, your OPT application must be received by the DHS service center no later than 60 days after your program completion date. However, it is strongly recommended to apply before you complete your studies. Also, your 12 months of OPT must be completed within 14 months of the date of completion of your studies. OR Pre-Completion: Before completion of your studies in one of the following three situations: 1. Part-time (20 hours a week or less) during the fall or spring semesters 2. Full or part-time during summer vacation if you are currently enrolled and intend to register for the following semester 3. Full-time during fall or spring if you have completed all coursework and are in the thesis, dissertation or comprehensive exams only phase of your degree
How to Apply:
You apply for OPT to DHS by first making a request for the authorization to a Designated School Official (DSO) in the Texas State International Office. The DSO will make a new I-20 which must be signed and dated by you that certifies you as eligible for OPT. You may apply as early as 90 days before completion of your studies and no later than 60 days after completion of studies, and since DHS processing times may be lengthy, we recommend that you apply early. Before meeting with the DSO you will need to prepare for the appointment. (see below)
Appointment Checklist
The Statement of Responsibility Form signed and dated by you Completion of Degree Form signed by your department
DO NOT leave any questions unanswered. Use N/A (Not Applicable) or none as needed DO NOT fill in Question #3 (address in United States). We will use our office address. Question 16 should be coded (c)(3)(A) for Pre-completion OPT or (c)(3)(B) for Post-completion OPT Your passport valid for at least the next six months, I-94 card, current I-20, and all CPT I-20s
Personal check payable to Department of Homeland Security for $380.00 (Do not make check payable to DHS) 2 passport photos (for photo guidance go here)
The International Office will mail the packet for you, however, if you prefer to mail it yourself, mail to: (I-765 EAD) USCIS
Last updated 4/09/2010
OPT STATEMENT OF RESPONSIBILITY VERY IMPORTANT: While on OPT under your Texas State I-20 you are required to continue to report any changes on your official name, your location address, and status of employment in the United States to the Texas State International Office using the form on our website. In addition you must also report any changes on your employers name and address that may occur during your period of OPT.
Once authorization to engage in optional practical training is granted and the Employment Authorization Document (EAD) is issued, it may not be rescinded or canceled. This means that, after optional practical training is authorized by DHS, unexpected delays in completing degree requirements, inability to find an appropriate job, or loss of a job may reduce the time you have available for work. Employment cannot begin until you have received an EAD card and the start date on the card has been reached. In addition, if you do not complete your studies by your expected completion date, you may not begin employment until all requirements for your degree program have been completed. You may have the option to cancel your OPT if your EAD is still being processed by DHS and has not been created. Contact the International Office if you wish to cancel your OPT application. If you transfer to another school or begin study at another educational level, your authorization to engage in OPT employment is automatically terminated when the new program begins. In other words, the program start date on the new I-20 (as opposed to the transfer release date.) If you travel outside the United States during your optional practical training period, upon reentry you must present your EAD and your Form I-20 (Student Copy) properly endorsed within six months by the Designated School Official (DSO) from the International Office. Students who do not meet both these requirements may not be allowed to reenter the United States. If you are coming back to the United States after completion of studies and you do not already have a job, you may have trouble entering the United States, especially if a long period of time has passed since you completed your studies. Be sure to consult with the DSO when contemplating travel outside the United States and reentry to continue optional practical training. Travel following completion of studies and before the EAD is received is not recommended. You are allowed one year of optional practical training per degree level during your time as an F-1 student. You become eligible for another 12 months of OPT if you change to a higher educational level. For example, if you are in a bachelors program, you will be authorized 1 year of practical training, and become eligible for another year of practical training when you change to a higher educational level. 17-month extension of post-completion of OPT for students with a science, technology, engineering, or mathematics (STEM) degree. Consistent with paragraph 214.2(f)(11)(i)(C), a qualified student may apply for an extension of OPT while in a valid period of post-completion OPT. The extension will be for an additional 17-months, for a maximum of 29 months of OPT, if all the requirements are met. For more information visit our website at www.international.txstate.edu or set up an appointment with an advisor. Effect of periods of unemployment while on OPT. During post-completion OPT, F-1 status is dependent upon employment. During any initial 12-month period of post-completion OPT, no student may be unemployed for an aggregate of more than 90 days. Employment during this period is considered to be traditional paid employment, volunteer work, and unpaid or paid internship. When you begin work, you and your employer must complete a form entitled Employment Eligibility Verification [DHS Form I-9], which the employer retains. In general, F-1 students who have been in the United States less than five years are exempt from social security (F.I.C.A.) taxes. Your earnings are subject to applicable federal, state, and local taxes. Students must file a tax return on or before April 15 th of each year. Students may be entitled to a refund of taxes withheld from their wages if the amount of tax owed is less than the amount withheld. Please consult the Internal Revenue Service and/or a qualified tax consultant if you have tax questions.
Statement of Responsibility:
I have read this handout in its entirety and understand the contents of this handout. Print Name: ____________________________________________ Phone: __________________ Signature: _____________________________________________ Date: __________________
Category 1: This student is currently enrolled in classes and expected to complete all requirements for their degree in the following semester:
Spring
Summer I
Summer II
Fall
Category 2: This student has finished all coursework excluding their thesis, dissertation, or comprehensive exams. The thesis/dissertation should be submitted on or the exams should be administered on _____/_____/_______. The student will begin the OPT after completing all degree requirements. Category 3: This student has finished all coursework excluding thesis, dissertation, or comprehensive exams. The completion date is undetermined at this time and the student wants to begin their OPT prior to completing all degree requirements. I have no objection to this student beginning full-time employment under the OPT Program while working on their thesis/dissertation or preparing for their comprehensive exams.
Name of Advisor, Chair, or Dean: _______________________________________________________ Title: ___________________________________________________ Phone: ____________________ Signature: _______________________________________________ Date: _____________________