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Optional Practical Training (OPT): Rules and Regulations

Visa and Immigration Services (VIS)

E-5310 Melville Memorial Library

Stony Brook University

(631) 632-4685 | www.stonybrook.edu/visa

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The I-765 is the F-1 student's individual application and responsibility - the obligation to submit a complete and timely application, as well as the adjudication of the application is between the student and USCIS. Any resources or guidance provided by Visa and Immigration Services as a service to the international students of Stony Brook University should not be considered legal advice.

Disclaimer:

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What is OPT?

• Optional Practical Training (OPT) is a benefit for F-1 students.�
• OPT is work authorization for employment in your field of study.

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• All off-campus employment, paid or unpaid, requires authorization.

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• Employment is any type of work performed or service provided in exchange for money, tuition, fees, books, supplies, room, food, or other benefits.

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• Do not begin work until you receive proper approval.

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What is OPT? (con’t)

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• A job is not required when you apply, but once you receive OPT approval and begin working, any employment must relate to your major.

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• VIS issues an I-20 recommending OPT, which you will submit to USCIS along with other supporting documents.

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• If approved, up to 12 months of employment authorization will be granted to you by USCIS for the purpose of gaining practical experience directly related to your program of study.

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Types of OPT:

• Pre-Completion OPT: Takes place during your program of study. (For more information, attend the CPT Workshop)�
• Post-Completion OPT: Takes place after you complete all required coursework (graduate).�
• STEM Extension: An extension of 24 months (for a total of 36 months) is available to certain STEM degree recipients.

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Program completion date is defined as the end of your program of study (not necessarily the date of your graduation ceremony).

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Post-Completion OPT

• Post-Completion OPT is employment authorization that allows F-1 students to engage in employment directly related to their program of study after their program end date.

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• Student MUST work FULL-TIME (> 21 hours/week) to avoid limits on unemployment.

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• Students are only permitted one 12-month OPT authorization per higher education degree (i.e. Bachelor, Masters, PhD).

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Only Post-Completion OPT can be extended under STEM extension provisions

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OPT Eligibility & Requirements

In order to be eligible for OPT you must have:

• Maintained valid F-1 status
• Studied full-time for at least 1 academic year
• Completed ALL required coursework to graduate.
• Sufficient GPA (i.e. 2.0 for Undergraduates / 3.0 for Graduates)
• Resolved all Incomplete (I) or NR grades from prior semesters.
• Valid Passport: Valid at least six months into the future
• Completed fewer than 365 days of full-time CPT.

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You do not have to have a job to be eligible for Post-Completion OPT.

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Deadlines & Timeframes

OPT requires a recommendation from VIS in the form of an I-20. Authorization is then granted by USCIS issued in the form of an EAD (Employment Authorization Document)

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You may begin applying for Post-Completion OPT:

• 90 days before the program completion date
• 60 days after the program completion date - USCIS must receive the application within 60 days of the program completion date.

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Processing Time:

• Once the OPT request has been submitted in accessVIS, VIS may take up to 7 business days to issue the I-20 recommending OPT
• USCIS adjudication takes approximately 3-6 months
• USCIS will not expedite the processing of your request before 90 days of processing time has elapsed

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OPT Application Process

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Part 1: Request an I-20 Recommending OPT

1. Login to accessVIS through Full Services, using your NetID and password.
2. Affirm your understanding of your obligations and responsibilities for maintaining your F-1 status while on OPT.
3. Review the online OPT Application Review Module and submit the I-765 Tutorial e-form in accessVIS where you will be required to upload your program completion certificate.
4. Complete and submit the Request for an I-20 Recommending OPT.

The following must be uploaded in accessVIS:

• Current Form I-94
• Passport (photo/expiration date)
• F-1 Visa stamp (if applicable)
• Undergrads only: Major/Minor Progress Review Form completed by your major and minor advisors (if applicable) is required.

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Choosing Your OPT Start Date

• The Request for an I-20 Recommending OPT in accessVIS will require you to indicate your preferred OPT start and end dates.�
• Your Post-Completion OPT start date must fall within the 60 day period following of the last day of your final semester. You may request to begin your OPT right after school ends, or up to 59 days after your program end date. �
• If requesting the full 12-month of Post-Completion OPT, the end date you will indicate on your request should be 365 days from your start date.�
• If you engaged in full-time Curricular Practical Training, it’s important that you speak with your VIS Advisor about the duration of your practical training. Students who exceed 12 months of practical training may be denied future immigration benefits.

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• Once you have selected your OPT start date, it is very difficult to change and impossible to switch once your request has been approved by USCIS.

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• If USCIS cannot process your request by the start date you have selected, a later start date may be issued.

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Choosing Your OPT Start Date

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Your I-20 Program End Date (or expiration date) will be shortened to the last day of the semester in which you will graduate.

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Preparing Your OPT Application

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If your request for OPT is approved VIS:

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• $100 International Student Fee will be charged to your SOLAR account

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• You will be issued a new I-20 recommending OPT. VIS will email you a link for you to download, print and sign this new “OPT I-20”. If you notice any mistakes on your I-20 please contact your VIS advisor immediately.

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• VIS will email you detailed instructions on how to prepare your OPT application (including Form I-765) and submit to USCIS.

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• If you have questions or concerns regarding your OPT application, you can schedule an advising appointment or email your international student advisor.

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Preparing Your OPT Application

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On April 12, 2021, USCIS announced that it will begin accepting Form I-765 Application for Employment Authorization (“EAD”) from F-1 students transitioning to Optional Practical Training (“OPT”) employment via its online filing system.

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Preparing Your OPT Application

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Your OPT Application consists of the following:

• Cover Letter addressed to USCIS detailing all documents enclosed
• $410 Application Fee: Fee payment in the form of a money order, bank check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions found at www.uscis.gov. If paying by check, it be made payable to “U.S. Department of Homeland Security”. * Please note, the US government fee increase to $550 for any application received on or after October 2, 2020 has been temporarily halted by a court order, so the fee remains at $410 until further notice.
• Two passport style photos, no more than 30-days old (with full name and I-94 # gently written on the back)
• Form G-1145
• Completed Form I-765, fillable PDF version recommended (signed by hand and dated)
• Form I-20 Recommending OPT signed by you and your advisor
• Copies of all Form I-20s ever issued to you, organized in date order (newest to oldest)
• Copies of the ID & expiration date pages in your passport
• Most recent U.S Visa Stamp (if applicable)
• Copy of your electronic Form I-94
• Copy of your most recent admission stamp (in passport)
• Copies of any previous EAD cards (if applicable)

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Filing Your Application with USCIS

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• Before you submit your application to USCIS, make a copy of all documents for your records.

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• You must physically be in the United States when you apply for OPT

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• Mail your application to USCIS and request package tracking
• The address you mail your application to will depend on what state you live in (as listed on Form I-765).

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• USCIS must receive your application within 30 days of the date your OPT I-20 was issued or your application will be denied.

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• USCIS takes approximately 3-5 months to process your I-765 Request for OPT.

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• You should receive an electronic receipt from USCIS within 2-3 weeks. Once you get your receipt number, you can track the status of your application online at www.uscis.gov/casestatus.

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Approval of Your OPT Application

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• Upon approval by USCIS, you will receive an Employment Authorization Document (EAD).�
• The approval dates on your EAD card may be different than what you requested based on USCIS processing time.�
• You may not work until you receive your EAD card and you may only work within the dates specified on your EAD (this includes any type of volunteering, training, internship, orientation etc.).�
• Employment during OPT must be directly related to your academic program and full-time (at least 21 hours per week).�
• If you notice any errors on your EAD, contact your VIS advisor immediately.

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Limited Periods of Unemployment

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• You may not accrue more than 90 days of unemployment during Post-Completion OPT.

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• The unemployment clock starts ticking as of the start date listed on your EAD card and does not stop until you have reported your OPT Participation in accessVIS by submitting the Pre & Post OPT Reporting form AND your VIS advisor has reported it in SEVIS. Please note that requests may take up to 7 business days for processing.

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• Working less than 21 hours/week in a qualifying position(s) is considered unemployment for purposes of the 90 day limit.

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• Time spent outside the United States during an approved period of post-completion OPT counts as unemployment against the 90-day limit, unless you are either:
• Employed during a period of leave authorized by an employer; or
• Traveling as a requirement for your job

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Limited Periods of Unemployment

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• Students who exceed 90 days of unemployment may be denied future immigration benefits that rely on the student's valid F-1 status if DHS determines that s/he has exceeded the limitations on authorized unemployment.

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• Your SEVIS record is at risk of being auto terminated by SEVP if they determine you failed to maintain proper employment.

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• We recommend keeping proper documentation for each job you hold, which verifies dates of employment, job description and title, as well as supervisor contact information (Examples: pay stubs, W-2, tax returns).

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Types of Employment Allowed on OPT

Multiple Employers: You may work for more than one employer, but all employment must be related to your degree program. If authorized for pre-completion OPT, employment can not exceed the allowed per week cumulative hours.

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Short-term Multiple Employers (performing artists): You may work for multiple short term employers (gigs). Maintaining a list of all gigs, the dates and duration is strongly recommended. Typically used by musician and other performing artists.

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Work for Hire: Commonly referred to as 1099 employment, you may perform a service based on a contractual relationship rather than an employment relationship. If requested by DHS, you must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

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Self-Employed Business Owner: You may start a business and be self-employed as long as you are able to prove that you have proper business licenses and are actively engaged in a business related to your degree program.

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Employment Through an Agency or Consulting Firm: If employed through an agency or consulting firm you must be able to provide evidence showing you’ve worked an average of at least 21 hours per week.

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Can I Volunteer on OPT?

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• Volunteerism is any job/internship whose original purpose was to be a non-paid position.

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• If the job normally has a stipend, but the employer agrees not to pay you for the work, this is not considered volunteer and therefore is a violation of labor laws and NOT acceptable employment.�
• You may work as a volunteer or unpaid intern, where this practice does not violate labor laws.

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• Volunteer work must be at least 21 hours per week, directly related your degree program, and reported to VIS through accessVIS.

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• You should be able to provide evidence, in the form of a letter from your employer, verifying the dates you worked and the number of hours per week.

If a job normally offers a stipend, but the employer agrees not to pay you for the work, this is not considered volunteer and is not acceptable.

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Career Etiquette & Accepting Job Offers

• If you receive an offer, you may continue interviewing with other employers before verbal or written acceptance of another offer.
• Once you accept an offer verbally or in writing, you are making a formal commitment to uphold your hiring obligation to that employer. There are virtually no circumstances (with the exception of a personal or family tragedy) that would legitimize reneging on an offer.
• Continuing to interview after the acceptance of an offer is ethically wrong, and thus you should discontinue your job search and interviewing once you have made the decision to accept an offer, so as to honor your obligation with the new employer.
• You are held accountable to all of the above regardless of the source from which I found my job/internship (Handshake or ANY external resources including but not limited to: job listing sites, employer websites, personal/professional referrals).

★ While reneging on an offer will not jeopardize your immigration status, it is considered bad career etiquette and could have poor implications when it comes to future positions with that organization or their competitors.

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Reporting Requirements

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Students on OPT are required to report in accessVIS the following changes within 10 days:

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• Approval of your Post Completion OPT by USCIS
• Change of contact information (i.e. phone #, email)
• Change of name
• Additions/Changes in employment
• Terminations or interruption in employment

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Reporting Requirements

Reporting a change of address within 10 days is a requirement of your F-1 status as per federal regulation 8 CFR 265.1. As of March 1, 2019 all changes to your U.S. local address must be done in SOLAR.

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Please follow the steps below to report your local address in SOLAR.

1. Login to SOLAR with your Stony Brook University ID number and password.
2. Go to Security and Personal Data then click Addresses.
3. Select Add A New Address to add your local (off campus) address. Even if your address is listed as "Home" or "Mailing", you must still add it as your "Local" address.
4. Verify your address information, and select "Local" under Address Type.
5. Click Save, then OK. Your local address should now appear.

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Note: Your local address must be where you sleep (not a P.O. Box).

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Invalidating Your OPT

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Your OPT authorization may be cancelled or invalidated if you:

• Start a new degree program
• Transfer to another institution
• Change or end your status
• Enter the U.S. using any visa other than F-1
• Violate your F-1 nonimmigrant status
• Are unemployed for more than 90 days
• Fail to complete your degree program by the end date listed on your I-20.

Contact your VIS Advisor for instructions on how to proceed.

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Failure to Complete Your Program

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It is important to speak to your VIS Advisor before your program end date if you think you there is any possibility that you may not graduate.

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If you fail to complete your academic program requirements by the I-20 end date, termination of your F-1 Status will likely be necessary.

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If you have doubts about passing any of your courses it is strongly recommended that you speak to your VIS Advisor before applying for OPT

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Travel outside of the U.S. without your EAD and proof of employment is a risk.

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It’s strongly recommended that you do not travel while your I-765 is pending with USCIS as it could be deemed as abandoning your application.

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Students who have received their EAD cards, but have not found employment could encounter difficulties when re-entering the US.

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If you need to renew your F-1 visa while traveling outside of the U.S., in addition to your immigration documents, it is recommended that you have your EAD and proof of employment readily available. It is at the discretion of the U.S. Consulate to grant you a F-1 student visa, and CBP to allow re-entry to the United States.

Travel and Reentry on Post-Completion OPT

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OPT STEM Extension

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An extension of 24 months (for a total of 36 months) is available to certain STEM degree recipients.

�Requirements for the 24-Month Extension

• Completion of a Bachelor’s, Master’s or Doctoral STEM degree.
• Currently participating in post-completion OPT, working a minimum of 21 hours/week, for a U.S. employer who is e-verified, in a job directly related to your major area of study.
• Form I-983 training and learning objectives plan completed by your employer.

�When to apply for STEM OPT

• 90 days before your authorized Post-Completion OPT end date.
• STEM students who timely file an application for 24 month OPT extension will be able to continue employment while the extension application is pending, until a final decision is made or for 180 days, whichever comes first.

$200 International Student Fee will be assessed to your SOLAR account upon approval of your request by VIS.

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Income Tax Filing Requirement

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You are required to file both federal and state taxes every year whether or not you have earned income in the US

• File Form 8843 if you have not earned an incoming in the U.S.
• File Form 1040NR if you have earned an incoming in the U.S.

�We recommend using a tax accountant for assistance in filing taxes.��Some F-1 students and scholars qualify for a tax treaty exemption but must file to claim the tax treaty exemption��Basic information and useful links can be found at www.stonybrook.edu/visa or by visiting www.irs.gov.

Virtual Tax Workshops – Feb. 24 2021 @ 7pm & Mar. 10 2021 @ 1pm

�The workshop will cover the basic US tax requirements for non-resident international students and scholars:  

• Who must file something with the IRS (everyone!)
• What to file
• Implications of not filing
• Where to get help

�Register online in accessVIS!

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Health Insurance

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• While under Stony Brook’s program for OPT, it is strongly recommended to have continuous health insurance, immediately after graduation throughout your OPT authorization period.�
• Once you graduate from Stony Brook and obtain OPT status, you may continue your international student health insurance plan. You cannot have any lapse of insurance coverage between the mandatory insurance and this extension plan.�
• To apply, visit the Health Insurance Office at East Side Dining, Room 157. Be sure to bring a copy of your Form I-20 and EAD card.

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• Contact the Health Insurance Office at studenthealthinsurance@stonybrook.edu or (631) 632-6054 with any questions.

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Recap: OPT Application Process

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STEP 1: REQUEST OPT

• Speak with your academic and major advisor(s) to confirm your ability to graduate.
• Request your I-20 recommending OPT in accessVIS.
• Allow 5-7 business days for processing.

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STEP 2: PREPARE YOUR OPT APPLICATION

• Download, print and sign your new I-20.
• Complete Form I-765 and prepare other application materials.
• Attend OPT Application Review Session or review recorded session.

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STEP 3: MAIL I-765 to USCIS

• Mail your application to USCIS within 30 days of the I-20 issue date.

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STEP 4: REPORT IN ACCESSVIS

• Once USCIS has approved your request, submit the Pre & Post Completion OPT Reporting form in accessVIS.

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Reminders!

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• You may request Post-Completion OPT 90 days before the program end date and up to 60 days after the program end date (printed on the Program of Study section for your Form I-20).

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• If your request for Post-Completion OPT is approved VIS, your I-20 Program End Date (or expiration date) will be shortened to the last day of the semester in which you will graduate.

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• The I-765, OPT application must be receipted by USCIS within 30 days of your OPT Form I-20 being issued AND no more than 60 days following your program end date.

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• Your employment while on OPT must be directly related to your field of study and appropriate to your degree level.

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• You may not work until you receive your EAD card and you may only work within the dates specified on your EAD.

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• You may not accrue more than 90 days of unemployment during Post Completion OPT.

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Contact Us!

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International Student Advisor caseloads are divided alphabetically by first letter of the family name, and are subject to change without notice. We recommend checking the website for the most up-to-date caseloads.

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