OPTIONAL PRACTICAL TRAINING. Information Session

Transcription

1 OPTIONAL PRACTICAL TRAINING Information Session

2 YOUR ADVISORS If your last name starts with A-F: Chiluba Musonda If your last name starts with H-Z: Jillian Gotfredson

3 WHAT IS OPT? It is a benefit of your F-1 visa. However, ESL students are not eligible to apply. OPT authorizes students to work off-campus for 12 months as long as their work is related to their field of study USCIS usually takes 90 days to approve an application Once approved, you will receive an Employment Authorization Document (EAD)

4 ARE YOU ELIGIBLE? Must be an F-1 student in lawful F-1 status Must have completed at least 1 full academic year before applying Must have valid passport (must be valid for at least one year at time of application) Must have valid I-94 Must have valid I-20 A passing score on the OPT Blackboard Exam Make sure you ll graduate on time, so study hard and pass all of your classes! Once you have been approved, it is almost impossible to cancel your OPT.

5 WHAT ELSE DO I NEED TO KNOW ABOUT OPT? You can apply for OPT only ONCE after each degree level meaning after you finish your Bachelor s, Master s, and Doctorate. Keep in mind, if you have done two degrees at the same level, you DO NOT get two OPTs. While on OPT you are allowed to change employers or work for multiple employers You will need to keep records of your job searches, applications, pay stubs, and offer letters just in case USCIS asks for proof of employment. You MUST work more than 20 hours per week, if you do not, it will count toward your UNEMPLOYMENT TOTAL. You are only allowed 90 days of unemployment for your entire 12 month OPT period. After 90 days, we are required to terminate your OPT.

6 MOST IMPORTANTLY! YOUR JOB MUST BE DIRECTLY RELATED TO YOUR FIELD OF STUDY If it is not related to your field of study, we will NOT issue an updated I-20. Any time you worked for that employer will be counted toward your 90 days of allowed unemployment. We may ask for documentation regarding how your job relates to your program of study and verification from your employer.

7 WILL DOING CPT AFFECT MY OPT? If you have worked a combined total of 365 days/12 months of FULL-TIME (more than 20 hours per week) CPT, you CANNOT apply for OPT. If you have worked 12 months total of PART-TIME CPT, you are fine. It is only fulltime that could affect your OPT. EXAMPLE: A student has worked full-time CPT for 3 months each summer for 4 years. The total fulltime CPT worked is 12 months, thus making this student ineligible for OPT.

8 WHAT IF I M STILL WORKING ON MY THESIS? You can still apply for OPT. However, you MUST continue to enroll in 1CR at UMKC for thesis/dissertation credit. You MUST finish and DEFEND your thesis/dissertation before your 12 month OPT period ends. If you do not, we will not be able to extend your I-20 and you will be OUT OF STATUS. You will not be able to continue your program, work, or apply for a STEM Extension.

9 POST-COMPLETION OPT & STEM EXTENSION POST-COMPLETION: You can apply up to 90 days before your graduation date Your OPT start date must be within 60 days after your graduation date STEM EXTENSION: If you studied in a STEM field (Science, Technology, Engineering, Math) you can apply for a 17-month OPT extension. You must apply for the Extension before your Post-Completion OPT expires. You can apply up to 120 days before your Post-Completion OPT end date. You must already have an offer letter from an E-verify employer

10 WARNING! When you apply for OPT, we shorten your I-20 s end date. If you find out you will not graduate when you thought, you MUST apply for a program extension AS SOON AS POSSIBLE and you may lose time on OPT. Otherwise, you may fall out of status and lose your OPT. It is almost impossible to cancel OPT once it has been approved and can be risky. However, if your application is still in a PENDING status, you may be able to cancel it with USCIS. Your OPT will automatically be cancelled by USCIS if you begin a new program, transfer schools, or leave the US before it has been approved.

11 SO HOW DO I APPLY FOR OPT? 1) Take the OPT quiz on Blackboard 2) Print off the OPT checklist from ISAO s website 3) Complete form I-765 (available on our website) 4) Make copies of all previous I-20 s where CPT was authorized 5) Make copies of your passport photo page, visa, I-94, & any previous EAD cards 6) Have your Academic Advisor sign your recommendation form and make sure it has been COMPLETELY filled out. We will not process your packet if it is incomplete. 7) Get two passport photos taken within 30 days, they must be centered, if your head or shoulders are cut off, USCIS will return your application. AND

12 WHERE IS THE OPT QUIZ? Log in to Blackboard Under My Organizations you should see International Student Affairs (ISAO), click on it If ISAO does not show up under My Organizations, scroll to the bottom of the page and you will see Organization Search, search for ISAO and click Enroll In the menu on the left, you will see OPT Session

13 HOW TO APPLY CONTINUED Check or Money Order payable to U.S. Department of Homeland Security for $ Date your check month/day/year, date must be within 7 days of mailing Make your check out to U.S. Department of Homeland Security Make sure that the numeric and written amount match ($380.00) Make sure your check is signed WARNING: Do NOT write on the back of your check or they will reject your payment!

14 I DON T HAVE A JOB YET. HOW DO I CHOOSE MY START DATE? You can choose an OPT start date anywhere between 1 and 60 days after your graduation date. Here are some examples: If you apply for OPT early (60-90 days before completion of studies), you will have your choice of any OPT date within the 60-day range after your end date. Pick your OPT start date based on either the date you would prefer to start working OR the date you expect to start work, if you already have a job offer. If you apply for OPT later (fewer than 60 days before completion of studies), you should consider the date on which you want or need to start working, however you must also consider when your OPT is likely to be approved. For example, if you are completing your studies on May 4, 2012 and applying for OPT on April 15, 2012, it is unrealistic to select May 5, 2012 as your OPT start date. USCIS will NOT approve your OPT application in 3 weeks. If you pick May 5, 2012 and your application isn t approved until June 5, 2012, you might lose one whole month of OPT work authorization (but this won t count toward your unemployment). If you apply on or after your completion of studies date, then the latest possible OPT start date is your most realistic option.

15 CAN I EXPEDITE MY REQUEST? If you have an offer letter and you must start within 30 days, you may request expedition of your OPT request if you meet one or more of the expedite criteria: Severe financial loss to company or individual Extreme emergent situation Humanitarian situation Nonprofit status of requesting organization in furtherance of cultural/social interests of the U.S. Department of Defense or National Interest Situation (request must come from official U.S. Government entity) USCIS error Compelling interest of USCIS Be sure to include the following documents with your application components. An employer s letter that includes the expected start date that is within 30 days. An ISAO Advisor will review your materials and attach a cover note to USCIS explaining the situation, which will be included with the rest of your application materials. There are no guarantees that your application will be expedited

16 PROCESSING TIMES! If you submit a COMPLETED packet, we will return it with a new OPT I-20 in 5-7 business days. However, if the application is incomplete (signatures missing, documents missing, etc) then it will delay processing. Once we have processed and returned your packet with your new I-20, you will send it to USCIS within 30 days. Be prepared, USCIS will most likely take 3 months to process your application.

17 IMPORTANT: MAILING DEADLINE USCIS must receive your OPT packet within 30 days from the date your new I-20 was signed by ISAO (Jillian or Chiluba). Failure to send your packet in a timely manner will most likely result in an automatic denial.

18 HOW DO I KNOW IF USCIS RECEIVED IT? You should always send it with a tracking number. However, about 2 weeks after it has been received, USCIS will send out an I-797 Notice of Action (Receipt) with your LIN number. Your LIN number is what you will use to track the status of your application. Receipt LIN Number

19 MORE ABOUT YOUR LIN #... You can use the LIN # to check the status of your application online, just Google USCIS Case Status Without an LIN, you will not be able to check the status of your application. USCIS will not give status updates unless processing time exceeds 90 days. WARNING! USCIS does not print the LIN number on the back of your check after depositing it. If you lose your I-797 you will not be able to retrieve your LIN number. Please keep your I-797 somewhere safe! ISAO recommends that you make a photocopy of the document as soon as you receive it.

20 I HAVE MY EAD CARD! You are authorized to work starting on the start date on the EAD card & NOT BEFORE. You are still a UMKC F-1 student; you are simply an F-1 student on OPT. Your I-20 will be valid past the program end date on your I-20. You must keep ISAO informed of any changes of address or employer. You are still required to report any changes to your visa, address, name, or marital status. Send changes to employment information to an ISAO within 10 days of making the change using On-Line Services:

21 OOPS, I LOST MY EAD CARD If you lose it, you must submit a new application including: Letter explaining how it was lost/stolen I-765 noting replacement of EAD Copies of I-20 s Copy of your previous EAD Copy of I-94 Copy of your passport photo page New photos A check or Money Order in the amount of $380 made payable to U.S. Department of Homeland Security. A copy of the original I-797. You may continue working with the same company while your request is being processed.

22 DON T HAVE A JOB? BE CAREFUL You MAY NOT be unemployed more than 90 days TOTAL during your entire 12-month OPT period. At no point will the 90 days reset/start over. You do not have to be paid to be considered employed You can VOLUNTEER in an area related to your field and it will COUNT as employment as long as you work MORE THAN 20 hours/week. Job site must provide formal letter stating unpaid employment with start and end dates on official letterhead, job responsibilities, etc. If you are unemployed and do not want/are not able to volunteer, then in order to maintain status during OPT, unemployed OPT participants must begin a new program, transfer, or leave the country. No grace period is permitted. This rule is enforced by USCIS, not ISAO.

23 DO I HAVE TO TELL ISAO WHEN I CHANGE JOBS? ALL OPT Participants must report the following information to ISAO within 10 days of any changes: Change of name or address (update in Pathway) Change of employer s name or address (update via Employer Update form, must submit official offer letter for verification) Any interruption of employment (report via Employer Update form) EMPLOYERS are required to report any student who has been fired or quit to ISAO within 48 hours.

24 FAKE OFFER LETTERS/FAKE EMPLOYERS Starting Fall 2015, we will be cracking down, checking employers, making lists of fake employers, and reporting them. We have had several issues with students working for companies that are fake, making fake employer websites, and using either their friends or other sources as their HR manager or hiring specialist. If you submit a fake offer letter or an offer letter from a fake company, we will not update your I-20 until you have a legitimate job and you will be considered unemployed. Once you have accrued 90 days of unemployment, we reserve the right to terminate your I-20/OPT for failing to maintain status without warning. You will have to leave the U.S. immediately. Failure to leave the U.S. in a timely manner could affect all future U.S. visa applications. Fake offer letter? Fake pay stubs? Fake business license? Trying to get an SSN just to work elsewhere? Some may have slipped through, but eventually they will not.

25 CAN I LEAVE THE US FOR VACATION? GRADUATED BUT OPT STILL PENDING: We do not recommend travelling outside of the US. If you leave, USCIS might see it as abandonment of your application and cancel it. If your OPT application is denied while you are gone, you will be turned around at the border If you MUST travel, take a travel endorsed I-20 and your I-797 Notice OPT APPROVED, EAD RECEIVED, NO JOB: It s risky, if you leave without a job, they may deny you re-entry. If you MUST travel, take a travel endorsed I-20, EAD, and documentation showing that you have and still are applying for jobs. OPT APPROVED, EAD RECEIVED, HAVE A JOB! Take a travel endorsed I-20, EAD, and a letter from your employer stating that you need to return to the US to resume working

26 WHAT ABOUT HEALTH INSURANCE? After completion of your program and graduation, you will no longer be automatically enrolled in UMKC s medical insurance. Insurance will be your responsibility. Be sure to ask your employer about health insurance for you and your family. If your employer does not offer insurance coverage, you may purchase your own health insurance through Aetna or any other company you choose. UMKC s student insurance is optional so, you must apply and choose to enroll.

27 QUIZ TIME! 1) I haven t defended my thesis, can I still apply for OPT? 2) I m not sure if I will graduate this term after all, should I still apply? 3) How early can I send my application to USCIS? 4) List a few of the documents needed to apply for OPT 5) Who can apply for an OPT Extension? 6) How many days of unemployment are allowed on OPT? 7) What happens if I change an employer or move and do not report it to ISAO? 8) What happens if I try to work in an area NOT related to my field of study 9) I m working less than 20 hours per week, am I considered employed? 10) I can t find a job! What are my options? 11) Do I have to file taxes?