Optional Practical Training (OPT): A Guide for International Students

International students who are pursuing a degree in the United States are often confused by the complexities of visa regulations that impact their employment opportunities. Optional Practical Training (OPT) is a temporary employment authorization that allows international students to gain practical experience in their field; however, the rules that govern the program are strict so it is important to understand them and how they can impact a student’s life.

What is OPT?

OPT is a program administered by U.S. Citizenship and Immigration Services (USCIS) that allows eligible F-1 students to work in the U.S. for up to 12 months (or up to 36 months for STEM degree holders) in a job directly related to their major field of study. It can be used during or after completing academic studies. OPT provides valuable hands-on experience and allows students to supplement their academic knowledge with practical skills in a real-world work environment.

Eligibility Criteria

To qualify for OPT, students must meet certain eligibility criteria:

1. F-1 Student Status: Applicants must be in valid F-1 student status at the time of application.
2. In Good Academic Standing: Students must be enrolled full-time for at least one academic year and must be in good academic standing with their institution.
3. Field of Study: The employment must be directly related to the student’s major field of study.
4. Application Timing: OPT can be authorized before completing studies (pre-completion OPT) or after completing studies (post-completion OPT).

Types of OPT

There are three main types of OPT:

1. Pre-completion OPT: This allows students to work part-time or full-time while still enrolled in school. Students can work up to 20 hours per week while school is in session and full-time during breaks.
2. Post-completion OPT: After completing academic studies, students can apply for post-completion OPT. This allows them to work full-time for up to 12 months in a job related to their major field of study.
3. STEM OPT Extension: Students with degrees in Science, Technology, Engineering, or Mathematics (STEM) may be eligible for a 24-month extension of their OPT period. This extension allows for a total of 36 months of OPT employment.

Limitations on OPT

1. Unemployment: While on OPT, students must be engaged in employment related to their field of study. There are limitations on the duration of unemployment allowed during the OPT period. Students on standard post-completion OPT are allowed a total of 90 days of unemployment, while students on the STEM OPT extension are allowed an additional 60 days of unemployment.
2. Engage in Unauthorized Employment: Students must ensure that they are working in positions that are directly related to their major area of study and are authorized under their OPT employment authorization. Engaging in unauthorized employment can jeopardize their immigration status and future prospects in the United States.
3. Extend OPT Period Without Proper Authorization: Students must adhere to the timeline of their OPT period as authorized by USCIS. Extending the OPT period without proper authorization can have serious consequences, including being considered out of status and accruing unlawful presence.
4. Violate Immigration Regulations: It’s essential for students on OPT to comply with all immigration regulations, including maintaining valid immigration status, reporting any changes in employment or address to their designated school official (DSO), and staying informed about their rights and responsibilities.

Application Process

The application process for OPT involves several steps:

1. Preparation: Students should work closely with their designated school official (DSO) to understand the OPT application requirements and deadlines.
2. Form I-765: The primary form for OPT application is Form I-765, Application for Employment Authorization. Students must submit this form along with supporting documents and the required fee to USCIS.
3. Wait for Approval: After submitting the application, students must wait for USCIS to process it. The processing time can vary, so it’s essential to apply well in advance of the desired employment start date.
4. Employment Start Date: OPT employment authorization begins on the start date requested by the student or the date USCIS approves the application, whichever is later.

OPT provides valuable opportunities for international students to gain practical experience and enhance their skills in the U.S. job market. However, navigating the OPT application process can be complex, and it’s crucial for students to understand the eligibility criteria, requirements and restrictions in order to remain compliant with US visa regulations. Consulting with a knowledgeable immigration attorney can help ensure a smooth OPT application process and maximize the benefits of this valuable opportunity for international students.

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Current as of April 16, 2024

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.