Collegial Conversations OPT

By engaging our members in the field of International Student Advising, NAFSA hopes to embrace and share the thoughts, experiences, and best practices of some of your colleagues. Spring semester is the busiest time for Optional Practical Training (OPT) applications, so we decided to delve into this topic and share several different processes and ideas.

This is the first conversation in what hopes to be a stimulating way to share information. If you have any feedback, please feel free to send them to the ISTA network manager.

Questions

• How do you prepare students for OPT?
• How do you process the recommendation? What processes and forms do you have?
• Do you recommend pre and post completion OPT at the same time?
• Do you recommend part-time and full-time OPT on the same application if the OPT periods are consecutive?
  
  
• Do you allow students to apply for OPT during the 60 day grace period after completion of program?
• Do you recommend OPT to begin in the grace period if the student applies for OPT prior to date of completion?
• Do you mail the OPT application to the service center or do students do this?
• What do you tell students to put in the OPT application? Any special order?
  
  
• Are there any special tips that you give students?
• What do you tell students about traveling?
• Any special tips that you give students. About application, mailing, keeping in touch with office and why?
• What are common questions or situations you hear from students?
  
  
• Does OPT end when the "transfer out" to another school is completed?
• Can a student begin work as a volunteer before the OPT application is approved?
• Can a student take classes while on OPT?

Contributors
Christy Quintero with a student	Christy Babcock Quintero is the International Student Advisor at Boise State University in Boise, ID. She has been in the field for 6 years. Christy is currently the NAFSA Region I KC-ISSS representative.
	Ellen Dussourd is Director of International Student and Scholar Services at the University of Buffalo State University of New York. She is the NAFSA Region X K-ISSS representative.
Andrea Hogan has been the Director of the International Services Office at the University of New Haven for five years. Her office serves nearly 400 students, mostly on F-1 status. Andrea is currently the NAFSA Region XI KC-ISSS representative serving a term until 2009.		Andrea Hogan
Hanya Redwan is Associate Director of the Office of International Services at North Carolina State University. She is chair-elect of KC-ISSS.

How do you prepare students for OPT?
Hanya: We give a mandatory information session (offered weekly) where we discuss F-1 regulations regarding OPT and eligibility requirements. We review the application process (I-765, adviser's recommendation form, and a list of other documents needed).
Andrea: My office sends out a newsletter every semester which includes a reminder about applying for OPT if it is the student's last term. Students come in individually and the staff explains the application process and gives a packet of information and all of the forms that need to be completed.
Christy: I send an email to my students announcing my upcoming OPT workshops. I have workshops during the 3rd or 4th week of the semester, every semester. I usually give students 3 or 4 dates and times to choose from. In that email I indicate what they will need to bring to the workshop: 2 photos, a money order for $180, passport, visa and I-94 card. (For students who plan to graduate during the summer session, I have a workshop in April.)

How do you process the recommendation? What processes and forms do you have?
8 CFR 214.f(10)(ii)(E) -- (E) SEVIS process . In making a recommendation for optional practical training under SEVIS, the DSO will update the student's record in SEVIS as having been recommended for optional practical training. A DSO who recommends a student for optional practical training is responsible for maintaining the record of the student for the duration of the time that training is authorized. The DSO will indicate in SEVIS whether the employment is to be full-time or part-time, and note in SEVIS the start and end date of employment. The DSO will then print the employment page of the student's SEVIS Form I-20, and sign and date the form to indicate that optional practical training has been recommended. The student must file with the service center for an Employment Authorization Document, on Form I-765, with fee and the SEVIS Form I-20 employment page indicating that optional practical training has been recommended by the DSO. (Added effective 1/1/03; 67 FR 76256 )
Hanya: The advisers review the student's forms, their degree program, and ask questions if there are any uncertainties.
Andrea: The student must apply for OPT prior to the program end date. A student whose end date has passed is not eligible to apply for OPT. To ensure that the student really is in his/her last term of study, I require a form to be filled out by the academic advisor—sometimes this is the only way that a student realizes he actually needs one more class to graduate!! For post-completion OPT: I ask students to choose their own start date for OPT within the 60 days after the program end date. So the student's start date could be as soon as the day after classes end to as late as 60 days after.
Christy: I normally recommend full-time post completion OPT, and typically for a full year, if that is what the student is requesting. I typically advise students to do CPT for pre-completion training. In most instances, CPT will work and they will not use up any OPT time. I advise students that they must apply for OPT prior to graduation, which includes up to the day before graduation. I recommend they apply 2-3 months early, which is why I have my workshops early in the semester. Additionally, we don't compete with the mad rush of so many other students across the country applying for OPT later in the semester. The start date for the EAD is really a personal student decision. I thoroughly inform students of the implications of choosing an early start date versus a later start date (if your start date is early and you do not find a job, you simply lose some time on your card. If your start date is later and you find a job earlier, you cannot legally work until the start date on the card). I also inform them of potential challenges of re-entering the country on OPT if the student chooses to travel before starting OPT, such as re-entering the country without a job offer.
Ellen: We allow students to submit their OPT applications 119 days before the desired employment start date if they have been in the U.S for one academic year and 90 days if they have not been in the U.S. for one academic year, but will meet that requirement before the desired employment start date.

Do you recommend pre and post completion OPT at the same time?
Hanya: We do recommend pre and post-completion at the same time IF the student is a thesis or dissertation student and would be eligible for full-time pre-completion OPT if they did not complete as currently expected. We do not recommend both pre and post at the same time for bachelor's or non-thesis students.
Do you recommend part-time and full-time OPT on the same application if the OPT periods are consecutive?
Hanya: We do not recommend part-time and full-time OPT on the same application if the OPT periods are consecutive. If both are full-time, we will recommend pre and post on the same application.
Do you allow students to apply for OPT during the 60 day grace period after completion of program?
8 CFR 214.f(10)(ii)(A) -- (A) General. A student may apply to the Service for authorization for temporary employment for optional practical training directly related to the student's major area of study. The student may not begin optional practical training until the date indicated on his or her employment authorization document, Form I-766 or Form 688B. A student may submit an application for authorization to engage in optional practical training up to 90 days prior to being enrolled for one full academic year, provided that the period of emplo yment will not begin until after the completion of the full academic year as indicated by the DSO. A student may be granted authorization to engage in temporary employment for optional practical training: (Paragraph (f)(10)(ii)(A) revised effective 1/1/03; 67 FR 76256 ) During the student's annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next term or session; While school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or After completion of the course of study, or, for a student in a bachelor's, master's, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent). Continued enrollment, for the school's administrative purposes, after all requirements for the degree have been met does not preclude eligibility for optional practical training. However, optional practical training must be requested prior to the completion of all course requirements for the degree or prior to the completion of the course of study. A student must complete all practical training within a 14-month period following the completion of study.
Hanya: We do not allow students to apply for OPT in the 60 day grace period after completion. We do allow students to request a start date up to 60 days after their completion date, but they still must apply for OPT before they complete.
Do you recommend OPT to begin in the grace period if the student applies for OPT prior to date of completion?
Hanya: We do allow students to request a start date up to 60 days after their completion date, but they still must apply for OPT before they complete.

Do you mail the OPT application to the service center or do students do this?
Hanya: In the past, we have mailed the OPT application to the service center. However, within the last year, our office has suggested that students mail their applications. Our office assembles and reviews the application, places it in an envelope, and gives it to the student to mail.
Andrea: My staff collects the OPT application, reviews it for missing info, and mails it directly to the VT service center using USPS express mail (for which the office receives a tracking number). I had one experience a few years ago where the OPT application did not arrive at the VT service center and since then, I have been mailing the OPT using express mail with a receipt.
Christy: We do not mind mailing the OPT application from our office. We write "OPT Application" on the front of the envelope per advice given to me when I visited the NSC. We put our office address on the I-765 so that the receipt and EAD come directly to our office. This helps avoid any potential mailbox or change of address issues a student may have. Our office emails the student when the receipt arrives and again when the EAD arrives. Our student numbers are small enough that it is not difficult for us to provide this kind of service to the students, and students greatly appreciate it.

What do you tell students to put in the OPT application? Any special order?
Hanya: Application Fee 2 Photos I-765 Current I-20 (with OPT recommendation) Copy of Form I-94, front and back Copy of F-1 visa stamp Copy of passport validity/identity page(s) Copies of previous EADs if any As mentioned above, our office assembles the packet for the student, who then mails it.
Andrea: Order from top to bottom: check, photos, I-765, copy of I-20 with OPT recommendation and all previously issued I-20's in date descending order, copy of passport (the page with the photo, DOB, passport number and expiration date), copy of visa, copy of I-94 (front and back). If the student has changed status, I include a copy of the approval notice. If the student had prior work authorization, I include a copy of the EAD and approval notice. Note -- I do have the students complete the I-538 form but I do not submit it with the application to USCIS. I keep the I-538 in the student's file. The reason is because it is there that the student puts down the dates of the OPT and signs it. There have been times when a student has disputed the OPT dates that I recommended in SEVIS—to be able to show the student that he or she chose those dates covers my process.
Christy: We have a cover letter we include with a check list of everything which is included in the application packet. I-765 Passport copy Visa copy I-94 copy Photos I-20 $180.00 check made out to CIS

Are there any special tips that you give students?

Andrea: If a student will be moving during the time when the EAD is expected to arrive, I will allow the student to use the office address (this is a rare occurrence). More often a student moves while OPT is pending and then has to call USCIS to report the change of address. This often creates problems for receiving the EAD. When a student is applying for OPT, my staff will stress the importance of using an address where the student will be for the next few months. I inform student that after they get the receipt with the EAC number on it that they can check the USCIS case status on-line. If approval does not come within 90 days, I send an e-mail to the Vermont Service Center (I do not give this e-mail to the student). I usually receive a response from VSC within a couple of days and sometimes it speeds up the approval process.

What do you tell students about traveling? (See the ICE FAQ on travel - questions 2M, 2N, and 2O.)
Hanya: Depends on the question--this is a hard question to answer broadly. We do not ever tell students that they cannot travel, but depending on their situation, we advise them of what the risks are. IE--if they request entry to the U.S. and do not have a job. While we cannot guarantee the outcome of a certain situation, we try to make them aware of all possibilities. As to the question below regarding a student reentering while the application is pending, the NAFSA manual indicates they should be able to reenter with a receipt notice. However, we are not sure how this is being carried out in practice (to our knowledge, none of our students have tried it recently), and we inform them that it is possible they could be denied reentry to the U.S. We do not tell students they cannot travel, but try to explain different scenarios. We do advise students that the most ideal/least risky travel scenario is to have EAD and offer letter in hand when departing U.S. so that they will have them upon reentry and able to demonstrate that they are returning to resume employment. Another important factor for us is that most travel questions do not simply involve OPT application/job issues. A large percentage of our students also have H1-B applications pending during the travel period immediately following spring graduation, which further complicates the travel situation.
Andrea: While on OPT, if visa is still valid, I tell students that they can travel outside the US and return "to resume employment". I recommend that they get a letter from their employer stating they are currently employed and the employer expects them to return to work. I also remind them to carry their I-20 endorsed for travel and EAD card. If the student does not have a job, I explain the risks of traveling. While on OPT, if visa has expired, I inform students of the risk of applying for a new F-1 visa while on OPT. I do not recommend travel, but I do inform the student that it is possible for them to apply for a new F-1 visa, although it is also possible the student will be denied. If OPT is still pending and the program end date has already passed, I tell the student that there is no definitive regulation on re-entering the US, that it could be risky, but that students have re-entered successfully and there is some language on the SEVIS FAQ's that it is possible to travel while OPT is pending. If student decides to travel, I recommend they wait until they receive the receipt from USCIS.
Christy: Students need to know that it is always risky to re-enter the US on OPT without having a job. In most cases the student will not have a problem, but it is possible that at the POE because the student did not have a job waiting for him, there was not real reason to let him enter. If there is a job waiting for the student, I recommend that the student carry a job offer letter with him. If a student completes his/her program and the OPT is still pending are they eligible to depart the US and re-enter as an F-1 to resume OPT? According to the regs, yes. But, again, it can be risky.
Ellen: Students on OPT have to update the travel signature on their I-20's every six months.

Any special tips that you give students. About application, mailing, keeping in touch with office and why?
Hanya: In the OPT info session, we explain that students are required to keep us notified of significant changes (address changes, name changes, changes of status, departing U.S. and ending OPT early, etc.). As for mailing, we recommend that students use certified mail (ie-receive a tracking number) when they mail the applications.
Andrea: I inform the students that they must continue to report their change of address to my office so that I can update their SEVIS record.
Christy: When a student is applying for OPT at the end of the semester and would like his OPT to start within the next month or two, we add a letter requesting that the application be expedited with a short explanation (Student recently realized he was eligible to graduate this semester. He has pending employment at Micron Technologies, Inc in Boise, ID. Please expedite his application. We greatly appreciate it.) This was recommended to me by a staff person at the NSC, and it has worked several times.

What are common questions or situations you hear from students? Student has been on OPT for almost one year but has been unable to find a job and now wants to transfer to another school. Do you require documentation from the student that he/she has been actively looking for a job while on OPT to facilitate the transfer?
Hanya: We do ask the student to certify that he/she has been actively looking for a job. In a recent change of status application form F-1 OPT to H-4, the TSC issued an RFE requesting documentation from the applicant that he has been actively looking for a job.
Andrea: No
Christy: No, we do not track this.
Does OPT end when the "transfer out" to another school is completed? (See ICE FAQ on transfers. See questions 6.6 and 6.7)
Hanya: Yes, it our understanding that it does. A few weeks ago SEVIS policy unit confirmed to our office that OPT ends once transfer out to the new school becomes effective.
Andrea: OPT ends on the transfer release date—so if a student is on OPT until July 15 and the new program of study begins on August 30 and the student requests transfer on May 1, I would tell the student that if I set the release date on May 1, the OPT will terminate. I would recommend a release date of July 16 so that he or she could continue working on OPT.
Christy: I tell students, "Because OPT is on your current I-20, the start date of a new I-20 will cancel your current I-20 and therefore the OPT will be cancelled." (The problem with that is that an employer will not know that the OPT card has been cancelled. If I know the student is still working, I will do something about it, but I will not seek out that information.)
Can a student begin work as a volunteer before the OPT application is approved?
Hanya: No. We explain that "volunteering" is for a humanitarian cause like sorting food at a Food Bank.
Andrea: I do not advise on that. The Department of Labor has a specific definition of "volunteer", so if a student is really pushing that question I can refer him or her to the DOL website. However, I do not specifically recommend working as a volunteer.
Christy: I recommend against it but that is between the student and the employer. Technically the student would not be working illegally.
Can a student take classes while on OPT?
8CFR 214.f(10)(ii)(B)--(B) Termination of practical training . Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level. (Revised effective 1/1/03; 67 FR 76256)
Hanya: We advise students that they are not eligible to enroll in a degree program nor can they take classes that could be used towards a degree while they are on post completion OPT. If they decide to begin another degree program, the remainder of the OPT would be forfeited when the new degree program begins.
Andrea: Yes, part time classes OK while on OPT.
Christy: I tell students that they can be a part-time non-degree-seeking student while on OPT, that the main purpose of their OPT year is to be an employee not a student. Christy: Another issue I run across is students using their OPT cards to work at jobs not related to their academic program. I make sure the students know that they are technically working illegally, but I do not take any action beyond that. The regs state that by default it is the employer's responsibility to determine if the student is using the OPT card correctly. Yeah-right! Like most employers know anything about F-1 regs!!

Resources

OPT: 8 CFR 214.F(10)
OPT and Travel: See questions 2M, 2N, and 2O.
OPT and Transfers: See questions 6.6 and 6.7.