Optional Practical Training
Encyclopedia
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than nine months are permitted by the United States Citizenship and Immigration Services
(USCIS) to work for at most one year on a student visa without needing to acquire a work H-1B visa
towards getting a practical training to complement their field of studies. F-1 students are permitted a total of 12 months towards practical training, on being certified by the advisor of the usefulness of the work towards goals of the degree, which can be distributed between Curricular Practical Training
(CPT) and OPT. M-1 students are also permitted to engage in post-completion OPT. They are entitled to one month of training for every four months of study, with a maximum length of six months.
On April 4, 2008, the U.S. Department of Homeland Security (DHS) released an interim final rule extending the period of OPT from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to students who are employed by businesses enrolled in the E-Verify
program or that make use of valid work permits and social security. E-Verify is a free internet-based system operated by USCIS in partnership with the Social Security Administration
which determines a new employee's eligibility to work. To be eligible for the 12-month permit, any degree in any field of studies and for the 17-month OPT extension, a student must have received a Science, Technology, Engineering, or Mathematics degree in one of the following:
This new interim final rule provides a permanent solution to the H-1B "cap-gap", when an academic foreign student's (F-1) status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1. Previous cap-gap provisions extended only the stay but not the employment authorization.
On May 31, 2008, the Immigration Reform Law Institute filed a lawsuit in federal court on behalf of various organizations and individuals challenging the validity of the 17 month OPT extension.
United States Citizenship and Immigration Services
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security . It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service , which was part of the Department of Justice...
(USCIS) to work for at most one year on a student visa without needing to acquire a work H-1B visa
H-1B visa
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations...
towards getting a practical training to complement their field of studies. F-1 students are permitted a total of 12 months towards practical training, on being certified by the advisor of the usefulness of the work towards goals of the degree, which can be distributed between Curricular Practical Training
Curricular Practical Training
Curricular Practical Training is temporary employment authorization for non-immigrant students in the United States while enrolled in a college-level degree program....
(CPT) and OPT. M-1 students are also permitted to engage in post-completion OPT. They are entitled to one month of training for every four months of study, with a maximum length of six months.
On April 4, 2008, the U.S. Department of Homeland Security (DHS) released an interim final rule extending the period of OPT from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to students who are employed by businesses enrolled in the E-Verify
E-Verify
E-Verify is an Internet-based, free program run by the United States government that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States...
program or that make use of valid work permits and social security. E-Verify is a free internet-based system operated by USCIS in partnership with the Social Security Administration
Social Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...
which determines a new employee's eligibility to work. To be eligible for the 12-month permit, any degree in any field of studies and for the 17-month OPT extension, a student must have received a Science, Technology, Engineering, or Mathematics degree in one of the following:
- Actuarial Science
- Computer Science Applications
- Engineering
- Engineering Technologies
- Life Sciences
- Mathematics
- Military Technologies
- Physical Sciences
This new interim final rule provides a permanent solution to the H-1B "cap-gap", when an academic foreign student's (F-1) status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1. Previous cap-gap provisions extended only the stay but not the employment authorization.
On May 31, 2008, the Immigration Reform Law Institute filed a lawsuit in federal court on behalf of various organizations and individuals challenging the validity of the 17 month OPT extension.
Unemployment Period in OPT
The time spent without a qualifying job during post-completion OPT. Each day the student is not employed in a qualifying job is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT, including those with a cap-gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days. However it is unclear how this requirement is enforced by the universities.Grace period
The 60-day period of time given to F-1 Visa students after the completion of a program of study or an authorized period of post-completion OPT allowing the student time to prepare for departure from the United States, apply for a transfer to another SEVP-certified school, request a change of level to continue at the current school, or take steps to otherwise maintain legal status.External links
- 8 CFR: Title 8 Code of Federal Regulations.
- I-765: Form I-765
- April 2008 extension notice
- USCIS: OPT FAQ's