Employment Workshop

Optional Practical Training (OPT)(Post-completion)--Employment Workshop

Office of International Programs Union East Rm. 203 www.sa.utep.edu/oipoip@utep.edu (915)747-5664

OIPOff-Campus EmploymentF-1 / F-3 students may work off campus in one of 3 ways:

Curricular Practical TrainingEconomic HardshipOptional Practical TrainingWhat is Optional Practical Training (OPT)?OPT is temporary employment for practical training directly related to the students major area of study.

Employment is authorized for up to 12 months after studies are completed (*longer if eligible for 17-month extension)

What is Optional Practical Training (OPT)?12 months of OPT is available for each degree level completed, provided you move from lower to higher degrees

Current policy: students in certificate programs may also apply for OPT

Am I Eligible for OPT?Have valid F-1 / F-3 student status at the time of application

Be a current UTEP student

Have been enrolled full time or equivalent for one academic year at the time you would begin OPT.What is considered full-time? Full-Time / EquivalenciesUndergraduates: 12 hours / term

Graduates (Masters / Doctoral): 9 hours / term OR thesis OR dissertation

ATCP, Certificate programs: 9 hoursPart-time Border Commuters (Mexicans only): 1 academic course per term, renew I-20s on timeLast term: reduced course load permission

OPT EligibilityMust be enrolled in at least one course in last term

Must have less than 12 months of previous full-time Curricular Practical Training (CPT) for current level of study.

Will complete all coursework by the end of the current term

OPT BasicsAllows employment on a full-time basisAlso, you must work at least 20 hours / week to maintain your statusYou may work an unlimited number of hoursYou can use your OPT anywhere in the U.S.Do not use it in MexicoNote: F-3 students are restricted to living in Mexico & commuting to the US on OPTUnpaid employment (volunteering) is permitted where it does not violate labor lawsThings to Think AboutUnlike CPT, you do not need to have a job offer before applying for OPT

OPT can begin up to 2 months after the program end date. If you have a job offer already, this will help you choose your start dateIf you have no offer, or need a little extra time for thesis or dissertation, choose a later start date

Things to Think AboutApplying for OPT may result in a change to your I-20 expiration date (officially called your program end date)New date will reflect graduating term (write this down!):Summer 2013 graduates: Aug 6, 2013Fall 2013 graduates: Dec 13, 2013Exceptions: completing thesis / dissertation in the middle of a term (can use earlier date)

Things to Think AboutYou are NOT authorized to work between your program end date and the start of OPTIt is recommended to apply for OPT BEFORE you complete your programYou may apply up to 90 days before completionYou may also apply up to 60 days after program completion (but you may not be given a full 12 months of OPT)

Choices for OPT Start DatesSummer 2013 graduates: Aug 7, 2013 Oct 5, 2013

Fall 2013 graduates: Dec 14, 2013 Feb 11, 2014

These dates are dictated by the regulatory requirement that OPT must end no more than 14 months after degree completion.Earliest Date to ApplySummer 2013 graduates: May 8, 2013

Fall 2013 graduates: Sept 14, 2013

(These are the earliest dates you may mail your applications to US CIS; can submit paperwork to OIP 1-2 weeks prior to these dates)While on OPTYou can only have a maximum of 90 cumulative days of unemployment (throughout the entire year)

You should be actively looking for a job!

Report all employment / unemployment to OIP within 10 days of a change & every 6 months

Dont forget that volunteer work can count to maintain your immigration status

OPT Timeline Spring GraduatesLast Semester of ProgramJanFebMarAprMayJunJulAugFeb 16: earliest you can mail app to US CIS (90 days before)Program end date 5/17/2013Jul 16 : deadline for Spring 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:5/18/2013 7/16/2013Feb 1, 2013: Student turns in app to OIP ; chooses Jun 15 start dateFeb 8: Packet ready to mailFeb 16: student appliesat earliest date; mails packetUS CIS processingAverage 2 months processing time receive card3 months processing time - receive card June 15, 2013: Start working when you have the card in your possessionGraduationOPT Timeline Spring GraduatesIf you apply late Last Semester of ProgramJanFebMarAprMayJunJulAugFeb 16: earliest you can mail app to US CIS (90 days before)Program end date 5/17/2013July 16: deadline for Spring 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:5/18/2013 -7/16/2013June 1, 2013: Student turns in app to OIP ; chooses July 10 start dateJun 8: Packet ready to mailUS CIS processingAverage 2 months (Aug) processing time receive card3 months (Sept) processing time - receive card Graduation-may not work yet!SeptOPT Timeline Summer GraduatesLast Semester of ProgramAprMayJunJulAugSeptOctNovMay 8: earliest you can mail app to US CIS (90 days before)Program end date 8/6/2013Oct 5: deadline for Summer 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:8/7/2013 10/5/2013May 1, 2013: Student turns in app to OIP ; chooses Sept 15 start dateMay 8: Packet ready to mailMay 8: student appliesat earliest date; mails packetUS CIS processingAverage 2 months processing time receive card3 months processing time - receive card Sept 15, 2013: Start working when you have the card in your possessionGraduationOPT Timeline Summer GraduatesIf you apply late Last Semester of ProgramAprMayJunJulAugSeptOctNovMay 8: earliest you can mail app to US CIS (90 days before)Program end date 8/6/2013Oct 5: deadline for Summer 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:8/7/2013 - 10/5/2013Sept 1, 2013: Student turns in app to OIP ; chooses Oct 5 start dateSept 8: Packet ready to mailUS CIS processingAverage 2 months (Nov) processing time receive card3 months (Dec) processing time - receive card Graduation-may not work yet!DecOPT Timeline Fall GraduatesLast Semester of ProgramAugSeptOctNovDecJanFebMarSept 14, 2013: earliest you can mail app to US CIS (90 days before)Program end date 12/13/2013Feb 11, 2014 : deadline for Fall 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:12/14/13 02/11/2014Sept 1, 2013: Student turns in app to OIP ; chooses Jan 15, 2014 start dateSept 8: Packet ready to mailSept 14: student appliesat earliest date; mails packetUS CIS processingAverage 2 months processing time receive card3 months processing time - receive card Jan 15, 2014: Start working when you have the card in your possessionGraduationOPT Timeline Fall GraduatesIf you apply late Last Semester of ProgramAugSeptOctNovDecJanFebMarSept 14, 2013: earliest you can mail app to US CIS (90 days before)Program end date 12/13/2013Feb 11, 2014 : deadline for Fall 13 grads to have application at US CIS; latest date to startOPT clock

Possible OPT start dates:12/14/2013 02/11/2014Jan 10, 2014: Student turns in app to OIP ; chooses Feb 11, 2014 start dateJan 18: Packet ready to mailUS CIS processingAverage 2 months (Mar) processing time receive card3 months (April) processing time - receive card Graduation-may not work yet!AprHow to ApplyApply for graduation (must be in Goldmine)Complete the OPT request form:Start / end datesTurn in application to OIP

Meanwhile, you should:Complete Form I-765 (http://sa.utep.edu/oip/files/2013/06/4476_001.pdf)

Complete Form G-1145 (http://sa.utep.edu/oip/files/2013/06/g-1145.pdf)

Instructions to follow! START HERENEVER FILLED OUT I-765, MARK HEREALREADY HAD OPT, MARK HEREIf you do not have a SSN, leave section blankYOUR SIGNATURERefers only to form, not to CPT or On-Campus EmploymentN/A Only for OPT ExtensionsN/ASHOULD MATCH PASSPORTYOUR VALID U.S. MAILING ADDRESSMONTH/DAY/YEARCONT. #11CONT. #11DATE ON I-94LAST CITY WHERE YOU ENTERED THE U.S.STUDENTSTUDENTC3BYOUR PHONE NUMBERDATEUSE I-94 #

YOUR LAST NAMEYOUR FIRST NAMEYOUR MIDDLE NAMEYour e-mail address (UTEP or other)YOUR U.S. CELL PHONE NUMBERHow to Apply5 business days later, you will receive an e-mail from an advisor at OIP advising you whether or not you are eligible for OPT

If you are, prepare the following:Check or money order for $380 payable to Department of Homeland Security2 U.S. sized passport photos (2 x 2); write your name and I-94# on the back

How to Apply, contdReturn to OIP to review & sign your new I-20 and pick up the mailing instructions for your OPT packet

Then, you will:Make copies of new I-20, I-94 front & back, visa & passport (bio page only)Attach original signed I-765, G-1145, photos & your payment of $380

How to Apply, contdMail your application to US CIS, using a traceable methodIf using US Postal service, use certified mail with return receiptCourier mail carriers (DHL, FedEx, etc.)Sample of I-20 with OPT Recommendation

OPT DeadlinesYour OPT application must be received at the US CIS processing center NO LATER THAN:

Oct 5, 2013 Summer 2013 graduatesFeb 11, 2014 Fall 2013 graduates

What does this mean?....VERY IMPORTANT!1. You must apply to the Office of International Programs FIRST before you can mail your OPT application to US CIS

2. You must allow AT LEAST one week for OIP to process your new I-20...PLUS, time for your OPT application to get from El Paso to Dallas, TX

VERY IMPORTANT!OPT Application Deadlines at OIP: Sept 20, 2013 - OIP deadline for summer 2013 graduates

Jan 28, 2014 OIP deadline for fall 2013 graduatesUS CIS Processing Application received at lockbox facility; application is reviewed; checked for all documentation

If something was not right with the application, a letter & your application will be returned within one week

It is VERY IMPORTANT that your documents are received by US CIS within 30 days of the date printed on the I-20; if you will be unable to do so, please see an advisor at OIP for further assistanceUS CIS ProcessingIf G-1145 was filed, student is notified

Application forwarded to Texas Service Center Student will receive a Notice of Action in two to four weeks

US CIS Processing Application assigned to an officer for review and decisionIf approved, work permit is created (called Employment Authorization Document, or EAD card)Card mailed to I-765 addressAverage processing time is currently approx. 2 months DO NOT begin to work until you have the card, on the start date (the date may have changed from the one you requested).

While Pending OPT ApprovalIt is okay to travel within the U.S.

VERY IMPORTANT: Are you not graduating as expected? Please see an advisor at OIP.

After the last day of finals in your graduating semester, it is NOT okay to work, not even on campusOnce OPT is ApprovedOPT card arrives to address on I-765

Contact OIP for the OPT Notification Form or print it from our website (www.sa.utep.edu/oip)

This form must be submitted to OIP in compliance with federal regulations; for reporting employment

OPT Card (EAD)

OPT EAD CardOfficial names: Employment Authorization Document, EAD, Form I-766Notation on OPT card not valid for reentryIs on every OPT card issued; means card by itself is not sufficient to reenter US; must have valid passport, visa & I-20 to enterMay reenter with card provided student has a job in the UShttp://www.ice.gov/sevis/travel/faq_f2.htm After OPT is ApprovedAsk yourself: Have I finished my degree?

If YES, then proceed to use your OPT to the full extent

If NO, then follow the instructions on the next slide

Havent finished your degree?See an advisor at OIP as soon as possible for detailed instructionsUnemployment During OPT If you have reached 90 days of unemployment:You may not use your OPT permit to accept any offers of employment. The card is no longer valid.Your choices may include:Beginning another academic program which starts within 5 months (must have I-20 by 90th day)Applying to change your visa statusReturning to your home country immediatelyYou do not have a 60 day grace period

How to Calculate OPT Unemployment Example 1JanFebMarAprMayJunJulAugUnemployed from Jan 15to Apr 15Jan 15, 2014: Start date on EAD card & no job (unemployed)Apr 15 last (90th day) of permitted unemployment http://www.timeanddate.com/date/duration.html SeptOctNovDecJanLast day of OPT on EAD Jan 14, 2015How to Calculate OPT Unemployment Example 2Last day of OPT on EAD Jan 14, 2015JanFebMarAprMayJunJulAugJan 15, 2014: Start date on EAD card and first day of Job AMay 15: End of Job Ahttp://www.timeanddate.com/date/duration.html SeptOctHow many days of unemployment are still available?NovDecJanAnswer: 90 DaysHow to Calculate OPT Unemployment Example 3Last day of OPT on EAD Jan 14, 2015JanFebMarAprMayJunJulAugUnemployed Mar 31to May 1stJan 15, 2014: Start date on EAD card and first day of Job AMay 2nd: Start of Job BMar 30: End of Job Ahttp://www.timeanddate.com/date/duration.html 90 32=58 daysof unemploymentJul 30th: End of Job BUnemployed July 31stto Aug 14th 58 15=43 daysof unemploymentAug 15: Start of Job CSeptOctSept 30th End of Job CUnemployed Oct 1stto Nov 12th NovDecJan43 43=0 more daysof unemploymentNov 12th Last (90th day of Permitted unemployment)Exit / Reentry to the U.S. on OPTCheck your visa!!! :

If you are going to Canada, Mexico or the Caribbean islands, you can re-enter the U.S. with an expired F-1 / F-3 visa as long as your trip is 30 days or less (automatic visa revalidation)Exception: students from Iran, Syria, Sudan, North Korea or Cuba

If you are going to another country, you MUST have an unexpired F-1 / F-3 visa to re-enter the U.S.Exit / Reentry to the U.S. on OPTWhen reentering the U.S.:You are still a student!!! If asked by an immigration official, remember that you are on practical training, and not going to work.The law requires proof that you are returning for purposes of practical training; therefore, you will need a job offer letter, copies of pay stubs, etc.It is not recommended to exit the U.S. after you have obtained your OPT card without such proof

While on OPTYou can work as much as you like

You can work at multiple jobs, but each job must be related to the degree you just completed at UTEP

You can change jobs / companies

While on OPTIf you are Mexican, it is fine to live in Mexico and cross for work in the U.S.

If you have an F-3 visa OR applied for OPT with a part-time Border Commuter I-20, you must reside in Mexico during your OPT

Remember, you may only work in jobs related to the degree you just receivedWhile on OPTSome graduate students wish to use the first part of their OPT to finish out their last month of a TA / RA appointmenti.e. Fall graduate: program end date 12/13/2013, TA appointment is through 12/31/2013if OPT approved by 12/14/2013 with start date of 12/14/2013, student may work from 12/14/2013 to 12/31/2013 as RA / TA

This is okay as long as RA/TA is major-related

May I Use My OPT at UTEP?Yes, you may use your OPT to work at UTEP as long as the employment is directly related to your degree and you meet HR employment policies for employment

You need to be hired into a regular staff / faculty position at UTEP OR be a volunteer

Special ConsiderationsDuration of status: grace period is 60 days after program end date AND end of OPT

Beginning an academic program at another level automatically cancels any remaining OPT

Mexican students: do not use the OPT solely to live in the US; you must be working in US as wellOPT Reporting RequirementsStudents on OPT must now REPORT their employer / employer address to OIP

Every 6 months, must confirm their employment with OIP

Must continue to report changes in residential address within 10 days of the change

OPT ExtensionMust have a STEM degree to qualifyONE-TIME extension of 17 monthsOPT extension allows more chances to apply for H-1bAllows U.S. employers to continue to hire skilled workers in fields with a shortage / in demand (science, technology, engineering & mathematics)Certificate programs = not eligibleOPT ExtensionMust be on 1st 12 months of OPT to applyMay apply up to 120 days prior to expiration of current OPTMust reapply for OPT through OIP and pay the fee a second time ($380)Employer must be enrolled in E-Verify program (www.uscis.gov/E-Verify) Employer must report if student leaves job

OPT ExtensionStudent must report employment to OIPStudent must apply for the extension prior to the EXPIRATION DATE of the OPT EAD cardStudent allowed to keep working up to 180 days with old EAD until extension application is approvedIf extension is denied, then employment stops & 60-day grace period begins

OPT ExtensionIf you are out of town:Contact OIP, request OPT extension application & instructions e-mailed to youSubmit application to OIP via scan / e-mail Wait 5 business daysOIP advisor will e-mail you scans of your new I-20, for your reviewOnce you confirm documents are correct, OIP advisor will mail the documents to you OR you can send a friend / signed letter to pick up for you

Transitioning to Employment VisasNAFTA / TN visa (Trade National visa):For Mexicans & Canadians Must have job offer to apply*Select occupations*Currently granted for 1 year, renewable Non-immigrant visaFor info and job list, see www.travel.state.gov

The Office of International Programs is not able to provide formal advising in regards to work visas. This information is to provide a general orientation to work options in the U.S.Transitioning to Employment VisasH-1b visa:Employer sponsors student & pays feesFiling period: starts April 1st of each year (private); anytime of year for public institutionsStatus / approval date begins Oct 1st for private companies, on approval date for public institutionsMust show student has skills that are hard to find among U.S. workforceGranted for 3 years, renewable another 3Cap (private sector employment only): 65,000 per year; addtl 20,000 adv. degreesH-1b Cap Gap ReliefWhat is it? A way to bridge gap between end of OPT & start of H-1b status on Oct 1

Only for students who are petitioned for H-1b for private sector employers

Due to timing issues, only relevant for spring and summer graduates OR fall graduates applying for H-1b during OPT extension periodH-1b Cap-Gap ReliefStudents whose employers file the H-1b petition & request change of status on April 1st and have an RECEIPTED petition:Have maintained F-1 / F-3 status Can keep working between end of OPT and Oct 1stShould request an updated I-20 from OIPThis applies to any majorIf H-1b petition denied, then student must stop working once OPT ends & 60-day grace period beginsImportant Question:What documents do you submit to OIP to apply for the OPT recommendation?Answer:Only the OPT application form, nothing else!!!Your TurnQuestions??????

For further information: Ph (915) 747-5664 Union East building, 2nd floorwww.sa.utep.edu/oipoip@utep.edu

Revised 7/24/2013