- A student may work up to 20 hours per week on campus.
- A student may obtain permission to work part-time off campus based on severe economic hardship caused by unforeseen circumstances beyond the student’s control.
- A student may obtain permission from the school to work pursuant to a Curricular Practical Training program that is an integral part of an established curriculum. The student must provide the employer with a copy of his/her Form I-20 Certificate of Eligibility for Nonimmigrant Student Status endorsed by the designated school official (DSO) as evidence of work authorization.
- A student may engage in Optional Practical Training (OPT) in his or her field of study part-time during the school year, or full-time during the summer and after graduation for a total of 12 months (with a 24-month extension available in some cases, as discussed below). In order to qualify for OPT, a student must have completed one full academic year of study. If a student is applying for OPT upon graduation and has not worked previously during the school year or summer, he or she is entitled to the full 12 months. To work pursuant to OPT, the student must obtain an Employment Authorization Document (EAD). To obtain the EAD, the student employee must send a completed application form (Form I-765) with a copy of Form I-20 endorsed by the DSO, a copy of the student’s I-94 record and the filing fee to USCIS. The employer does not typically assist in this application process. Processing time for the EAD application can be several months, so the student should plan ahead.
a. What happens when my EAD expires?
Optional Practical Training (OPT) can only be granted for 12 months and generally cannot be extended beyond that period. However, people who graduate with a degree in certain science, technology, engineering and math (STEM) fields from a U.S. educational institution may be eligible for the 24-month extension of OPT. At the request of your Human Resources/Immigration Department, Fragomen will analyze your case for legal sufficiency, immigration history, and other special issues to determine if you are eligible for an extension of your OPT status or for another employment-authorized visa category.
- Am I eligible for a 24-month extension of OPT?
Prior to recommending the 24-month OPT extension, your designated school official (DSO) must certify that your degree, as shown in the Student and Exchange Visitor Information System (SEVIS), is a bachelor’s, master’s, or doctorate degree with a code that is on DHS’ STEM Designated Degree Program List. In addition, the STEM degree must have provided the basis for your current period of OPT. If you possess a STEM degree, but obtained OPT based on graduation from a non-STEM degree program, you are not eligible for a 24-month extension of OPT. In addition, your employer must be registered in the E-Verify employment verification program for USCIS to issue the 24-month OPT extension.
The STEM degree list comprises the following: actuarial science, computer science (except data entry/microcomputer applications), engineering, engineering technologies, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, science technologies, and medical scientist. At its discretion, DHS may add degrees to the STEM list in the future. The official STEM list can be reviewed at: http://www.ice.gov/.
- Is the 24-month extension of OPT automatic?
No. If a determination is made that you are eligible for the 24-month extension, your employer must prepare a STEM OPT training plan for review by the DSO. If the DSO issues a STEM OPT endorsement of your I-20, we will prepare and file a Form I-765 requesting an extension of work authorization prior to the expiration of the initial OPT period. Your OPT work authorization will be automatically extended for up to 180 days pending the adjudication of the Form I-765.
- Are there any reporting requirements?
You must make a validation report to the DSO every six months starting from the beginning of the -month OPT extension period. Additionally, you must report to the DSO any change in your legal name, residential or mailing address, employer name, employer address, and/or loss of employment within 10 days of the change.
- Must I be employed in order to maintain lawful status?
You are not required to be continuously employed in order to maintain lawful status. However, there are strict limits on the time during which a foreign national on OPT may be unemployed in order to continue maintaining F-1 status. In the initial 12-month period of OPT available to all graduates, not more than 90 days of unemployment is permitted. STEM graduates who obtain a 24-month extension of OPT may not be unemployed for more than 150 days during the aggregate 36 months of OPT.
- If I change employers during the 24-month OPT extension period, am I required to submit a new training plan and Form I-765?
Changing to a new STEM OPT employer is permitted as long as you obtain DSO approval of a new STEM OPT training plan, your new employer is registered and in good standing in E-Verify, and the job is related to the STEM degree.
- If eligible, can I apply for a subsequent 24-month extension of OPT following completion of another qualifying STEM degree program?
No, a STEM graduate may obtain only one 24-month extension of OPT.
b. What is my tax status as a student?
Employees in F-1 student visa status are exempt from Social Security payroll taxes (known as FICA) provided they are treated for U.S. income tax purposes as a “nonresident” or have proved that an applicable tax treaty exempts them from having to make FICA contributions. F-1 students who have resided in the U.S. for more than five years often are regarded as “residents” for U.S. income tax purposes and may lose their exemption from FICA tax payment. Employees affected by this exemption should seek professional tax advice for more details.
On-Campus Employment