The “P” in OPT: Practical

Guidance In Optional

Practical Training

Applications and Advising

2010 NAFSA Region XI Conference

Rhode Island

Wednesday, November 10, 2010

4:00-5:15pm

Panelists

Roberta Perry – USCIS Vermont Service Center

Timothy Smith – USCIS Vermont Service Center

David Elwell -- Chair, NAFSA Regulatory

Ombudsperson Subcommittee – Brandeis

University

Special Thanks to additional presenters of an earlier version of this

presentation at 2010 NAFSA Annual Conference in Kansas City – Donna Kane

(USCIS-VSC), Barbara Malcom (USCIS-NSC), Kathy Singh (Region II

RegOmbud), Maureen Martin (Region XI RegOmbud), Adam Harold (Region III

RegOmbud), and Madjid Niroumand (Region XII RegOmbud)

Introduction

Basic Overview

Helpful for new DSOs

Important reminder for experienced DSOs concerning current practices

Responses to some recent questions/concerns posted to NAFSA‟s IssueNet “Report an Issue” and “Get Liaison Help”

This session will NOT go into depth on STEM OPT issues; though some overview will be provided

Perspectives on how campuses address advising on OPT

OPT Eligibility

Lawfully enrolled on a full-time basis in a Service-

approved college, university, conservatory, or seminary

for one full academic year (8 C.F.R. § 214.2(f)(10))

If a student had accumulated one full academic year in

F-1 status before falling out of status, and is

subsequently reinstated to student status, he or she can

use that time to satisfy the one full academic year

requirement (Letter from Jacquelyn Bednarz, I.N.S., to

Lisa Enfield, Esq. HQ214f-C (undated, 1993), reproduced

in 70 Interpreter Releases 1120-21 (August 23, 1993)

OPT Eligibility

An F-1 student need not have been specifically in F-1 status for one full academic year, provided he or she was lawfully enrolled as a full-time student at a service-approved school in another nonimmigrant status that does not prohibit full-time study (INS Operations Instructions 214.2(f)(14)(ix))

However a student who re-enters to correct status, or

after an Authorized Early Withdrawal on a new SEVIS ID, will have to again meet the one full academic year eligibility requirement

But if a you correct the record after AEW within 5 months

based on SEVP guidance, previously lawfully enrolled semesters still count towards eligibility

OPT Eligibility

A student who only has the thesis or equivalent

remaining may either apply for pre-completion OPT or

post-completion OPT while completing the

thesis/dissertation (OPT Policy Guidance [6.7])

If Pre-, will have to reapply for Post- (does not

automatically change upon completion)

Consistently see errors, e.g. 1 year for pre-

regardless of requested dates

Eligible for another 12 months of practical training when

he or she changes to a higher educational level

(214.2(f)(10))

Document if unclear, e.g. Associate‟s to Certificate

What to send to USCIS Lockbox

Form I-765, completed and signed in BLUE ink

A new Form I-20 with OPT recommendation

Legible copies of all previously issued Forms I-20

Legible photocopy of biographical page of your passport, front and back of your I-94 card

Two U.S. passport-size photographs

Personal check (or Money Order or Bank Certified Check) of $340 made payable to the “U.S. Department of Homeland Security” (new fee $380 effective 11/23/2010)

Copies of previously issued EADs, I-797 Approval Notices, etc.

TIPS for successful OPT applications

TYPE the I-765 and print out (use online form to

complete most current I-765 version and then

PRINT out)

Use a mailing address on Form I-765 that will be

valid for at least 90 days

Form G-1145 – Lockbox form – receive email/text

once application is received (~2-3 weeks)

Recommend that for OPT that students do not E-file

(unless there are extenuating circumstances)

Do not staple application (except for check to I-765;

better to paperclip/binder clip) – easier for Lockbox

staff to process

Common Errors Be sure to check off box for the purpose of

the form

Use the proper code!

Signature WITHIN the box (if there is no

signature, the Lockbox will reject the application)

Sign in BLUE ink

Problems with checks

Include ALL previous I-20s (even from

previous programs)

Mailing address issues

The Lockbox

Dallas Lockbox had open house/tour on 10/20/2010 NAFSA participated

Managed by J.P. Morgan

USCIS has team of ~10 officers to manage regulatory/application questions; resolve questions on applications referred by Lockbox staff

Scans all of I-765 application Data entered from scanned information, with review of paper

application

According to Lockbox, processes 85% of applications received, and forwards to appropriate Service Center, within 1-2 business days

Operates on Monday-Friday Applications received on weekend are receipted on

Monday

The Lockbox

USPS versus courier addresses

G-1145

When does 90 days start to count?

Receipt Date is date received/opened by Lockbox

When to use lockboxsupport@dhs.gov?

File # on back of check (it is not Receipt #)

Problems with c/o line in addresses

I-765 filing guidance to USCIS Lockbox:

(http://www.nafsa.org/regulatoryinformation/default.as

px?id=18665)

What Happens when Application

Received at VSC

Receipt of paper file

Review of application for completeness

How quickly does application go from review

on to an Adjudications Officer?

RFEs / EAD Cards Lost or Errors

RegOmbud Survey in Winter 2010

90% of RFEs were application/applicant errors

Copies of required documents not included

Fee Check not included

Error on check (fee amount)

Incomplete I-765

Application not sent to Lockbox

If student receives RFE, need to reply to the Service Center directly as on RFE – NOT to Lockbox

Common Requests For Evidence (RFE)

Applications returned due to errors highlighted earlier

Copies of ALL Forms I-20 issued to the student – Page 1 AND Page 3

If don‟t have original, contact school to provide photocopy or a letter confirming status at that school

I-20 Recommendation by DSO completed more than 30 days before Service Center receipt of application

Students should file right after DSO recommendation

Case Status Online / Processing Times

Can check status of application on USCIS

website and processing times

Case Status Online

USCIS Processing Times

https://egov.uscis.gov/cris/Dashboard.do

NAFSA communicating with USCIS Service

Center Operations (SCOPS) with concerns

about accuracy of Processing Times listed on

USCIS website

EAD Card Errors

Report to Service Center via email for I-765/OPT issues:

VSC.schools@dhs.gov

CSC.StudentEAD@dhs.gov

NSC.schools@dhs.gov

TSC.schools@dhs.gov

DSOs (not students) should report as soon as you receive the EAD card as the file is only at the Service Center for a limited time after the application is approved.

Do NOT email to check status of case, only for problems or pending longer than 75 days.

EAD Card Errors

If receive EAD card and error was by the

applicant (error on I-765) or the DSO (incorrect

OPT recommended dates on I-20), and EAD card

has been issued, must file a new I-765 with new

$340 fee (increase to $380 effective 11/23/2010)

Important to review prior to mailing

Also vital to check information when Receipt

Notice Received

If can inform Service Center of error before

EAD is generated, can avoid having to re-file

Lost EAD Cards

Can use international office address, to help provide

consistent address in case student moves

Do not write “c/o”, as Lockbox will not always enter

that information – just write international office

address (e.g. “415 South Street, ISSO” instead of “c/o

ISSO, 415 South Street”)

If student puts residential address and does not

have their name on the mailbox, USPS or mail

service may not deliver

If Service Center does not receive EAD card back

from USPS/mail service, then student has to file new

application with fee to generate new EAD card

90 Days of Unemployment Advising: it is between student and USCIS / SEVP

Part-time, volunteer work, directly related to student‟s major field of study, is considered as „employed‟ [7.2.1]

DSOs are not responsible to determine if a student has exceeded the unemployment time limit – DHS is. [7.4.3 & 7.4.4]

Things to consider: Recommend the student documents all that he/she does,

including searches

Do you enter employer on 92nd day?

RESOURCES: Regulation [8 CFR 214.2(f)(10)(ii)(E)]

SEVP Policy Guidance 1004-03 – April 23, 2010 (http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf) [Section 7. Limits on Periods of Unemployment]

Travel on Post-Completion OPT

new guidance – USCIS memo April 2, 2010

“Extension of Post-Completion Optional Practical

(OPT) and F-1 Status for Eligible Students under the

H-1B Cap-Gap Regulations”

no travel during cap-gap as student needs a valid EAD

must have job offer letter in hand

Do not have job offer letter -- recommend that

students do not travel

Must the student have an I-20 with name of current

employer on Page 3?

Mixed responses

Travel on Post-Completion OPT

Renewing F-1 entry visa stamps at U.S.

Consulates while on OPT (still valid into the

future) is possible

can be risky if has an H-1B pending or approved

if you hear strange rumors/guidance about

processing or not granting F-1 entry visa

stamps while on OPT, notify NAFSA IssueNet

OPT Reporting Requirements

Residential address

Employer name/address

STEM reporting – verification every 6 months

How to gather this information

How to inform students of the reporting

requirements

17-month Extension (STEM) OPT Eligibility

No previous 17-month STEM OPT extension received

Current period of standard OPT must be based on

STEM degree

Student's employer is registered in the E-Verify program

Changing Employers while application is pending

requires amended I-765 (OPT Policy Guidance [8.4.3])

Send directly to the Service Center, NOT to the Lockbox

Mail in or by email? EMAIL to VSC.Schools@dhs.gov

6-month validation reports (Check SEVIS Alert Students

Requiring OPT Reporting)

No longer restricted to paid employment (see OPT Policy

Guidance 4/23/2010)

How do you get out the information

regarding OPT to your students?

Targeted emails

Website

Handouts

Newsletters

Workshops / Information Sessions

Facebook

Other?

Resources NAFSA Online Adviser‟s Manual

(http://www.nafsa.org/am)

NAFSA F-1 Practical Training Resource Page (http://www.nafsa.org/regulatory_information.sec/get_sevis_information/29_month_opt_rule_updates/)

USCIS website resources (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD)

SEVP Policy Guidance 1004-03 – updated April 23, 2010 (http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf)

SEVP OPT Checklist (March 2009) -- http://www.ice.gov/doclib/sevis/pdf/opt_checklist.pdf

SEVP Cap-Gap OPT Extension Fact Sheet (March 2009) -- http://www.ice.gov/doclib/sevis/pdf/opt_checklist.pdf

Thank You

Final Comments

Questions