Employment in the U.S.:
Optional Practical Training (OPT)
Post-Completion Optional Practical Training
Optional Practical Training (OPT) provides an opportunity for F-1 students to gain up to one year of experience in their field of study after the completion of requirements for graduation. Certain students will be eligible to receive a 17-month STEM (sciences, technology, engineering and mathematics) extension of OPT.
Eligibility
To be eligible for Post-Completion OPT, you must:
- Have been in student status for at least one academic year
- Currently maintain a valid F-1 status
- Intend to work after completion of your studies in a job directly related to your major field of study
Applications for OPT after completion of studies may be made up to 90 days before completion of study and up to 60 days after the program of study end date. Applications must be received at the United States Citizen and Immigration Services (USCIS) Service Center within that time frame (not postmarked by this date). In addition, the application must be properly filed within 30 days of the date the student’s Designated School Official (DSO) recommends OPT in the student and exchange visitor information system (SEVIS).
Dr. Jennifer Lund and Clementine Hakizimana are ASC’s Designated School Officials (DSO), authorized by the U.S. Department of Homeland Security or Department of State to interpret immigration regulations, answer questions about F and J student status, and sign/issue immigration documents. Please note that you do not have to have a job offer before applying for Post-Completion OPT.
All Post-Completion OPT is full-time practical training. If you have not previously used any OPT, you may have the full 12 months authorized after completion of a degree. You may have post-completion practical training authorized for any period of time that you wish, up to the maximum amount of OPT remaining to you at the time of your degree completion.
Non-Cancellation of OPT
Once your authorized OPT has begun, you may not rescind or cancel it. An unexpected delay in completing degree requirements, inability to find an appropriate job, or loss of a job does not allow you to take back or adjust an OPT authorization even if this means you will lose time when you would otherwise have been eligible to work under an OPT.
If you apply for OPT and subsequently fail to complete the requirements for your program, you are still subject to the 90-day limitation on unemployment - even if the DSO extends your program end date.
Taxes
In general, F-1 students who have been in the United States less than six calendar years are exempt from Social Security (FICA) and Medicare taxes. Be sure to bring this to the attention of your employer because many employers are not familiar with this provision of the tax laws. This exemption can be found in the IRS publication 519; chapter 8: Paying Tax Through Withholding or Estimated Tax. If you need more information about the F-1 Social Security and Medicare tax exemption, please contact the OIE.
Students in F-1 status are subject to all other taxes that may apply: federal, state and local. Check with the OIE to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation.
Employment Eligibility Verification
Within the first three days of beginning work, you and your employer must complete a form entitled Employment Eligibility Verification (USCIS Form I-9). This form will be kept on file by your employer and must be updated each time you receive a renewal of your work permission.
For the first 12-month period of Post-Completion OPT, the employment does not have to paid employment. Therefore, a student who is self-employed, interning or volunteering in a position directly related to the academic field would be considered “employed” for the purposes of OPT employment. For the 17-month stem extension, employment must be traditional paid employment.
Travel Abroad and Re-Entry to the U.S. While on Post-Completion OPT
If you are on Post-Completion OPT, travel abroad with the intention of reentering the U.S. in F-1 status should present no problem if you have all of the following: (1) a valid passport, (2) a valid F-1 visa stamp in your passport, (3) your original form I-20 endorsed for re-entry by the DSO within the last six months, (4) your original OPT EAD issued by the USCIS and (5) proof that you have a job in the U.S. appropriate for OPT (such as a letter from your employer describing your job). If you do not have all of these documents, you should not travel abroad without first consulting with the OIE. (An expired F-1 visa poses a particular problem; it may be difficult to renew your F-1 visa while you are on OPT.) Never enter the U.S. in any visa status other than F-1 while on your OPT — it will invalidate your OPT!
Reporting Employment and Unemployment
You should report employment and changes in employment to the OIE as soon as possible. Once you obtain a job, inform the OIE of the name of your employer, the start date of your employment and the mailing address of your employer. The Student and Exchange Visitor Program (SEVP) recommends that students report changes within 10 business days of the change to avoid situations where a Department of Homeland Security (DHS) official may determine the student is out of status.
It is recommended that you maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for your supervisor or manager, and a description of the work. If it is not clear from the job description that the work is related to your degree, you should obtain a signed letter from your employer’s hiring official, supervisor or manager stating how your degree is related to the work performed.
Failure to Comply with Employment Regulations
It is your responsibility to comply with all immigration regulations applicable to F-1 students, including employment regulations. Working without the proper authorization is a serious violation of your student status. If you fail to comply with your responsibilities, you may not be eligible for benefits normally granted to F-1 students and, in some situations, may be subject to deportation.
Limits on Periods of Unemployment
The limit of unemployment is 90 days for students on Post-Completion OPT. Each day that you are not employed in a qualifying job counts toward the limit on unemployment time. Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job will not be included in the calculation for time spent unemployed. If you travel while employed either during a period of leave authorized by your employer or as part of your employment, the time spent outside the United States will not count as unemployment.
For more information and regulations on OPT, visit the U.S. Department of Homeland Security website.