The rules governing F-1 Optional Practical Training became more complex on April 8, 2008. This document covers the following information:

• OPT Definition, Eligibility Requirements and Application Period and Deadline
• How to Apply: Request new I-20 with OPT recommendation from the ISSO; Mail complete application to USCIS; Special Considerations
• Documentation required to return from a trip abroad during the first 12 months of OPT
• No more than 90 days of unemployment allowed during OPT in order to maintain status
• Reporting Obligations to the ISSO while on OPT
• "Cap-gap" extension for individuals with a pending H-1B application at the end of the initial period of OPT
• Glossary of terms

Definition: Employment related to your field of study immediately after completion of your studies, authorized by USCIS (U.S. Citizenship and Immigration Services) through the issuance of an EAD card (Employment Authorization Document). OPT is permitted for a period of up to a maximum of twelve months per educational level (Bachelors, Masters, etc.) unless you are a graduate from a government-designated STEM (Science, Technology, Engineering, Mathematics) degree which qualifies you for a possible extension of an additional 17 months per a change in OPT rules effective April 8, 2008. The STEM extension is discussed separately.

The following information is for the initial application for post-completion OPT for all students in F-1 status finishing a program of study.

Obtaining the employment authorization is a 3-step process:

1. Obtain an OPT recommendation from the ISSO on a new I-20
2. Mail your application (I-765) and all supporting documentation for an EAD to the USCIS
3. Receive the EAD in the mail

Eligibility: You must meet all of the following conditions:

1. must be physically present in the U.S. in F-1 status. Do not leave the U.S. during the 60 day grace period following the completion date of your program if you have not applied for OPT.
2. be a registered student in F-1 status physically in the United States at the time of application
   
3. have been enrolled in lawful student status on a full-time basis for at least one full academic year
   
4. have completed all requirements for the award of your degree at the time OPT begins
   
5. not have used twelve months or more of full-time curricular practical training
   
6. have received a grade for any course-related CPT done in a prior semester (if applicable)
   

Application Period and Deadline:

Deadline:
The OPT application must be received by USCIS before the end of the 60-day grace period following the completion date of the current program on your I-20, whichever is earlier. For example, if your I-20 has a completion date in May, but you are completing your degree requirements a semester earlier in the fall, your completion date is then the last official day of the fall term in December. USCIS deny any application received after the end of your 60-day grace period. (Before 4/8/2008, OPT applications had to be received by USCIS before the completion date on your I-20. Although you are permitted to submit an application during the grace period, this is a new procedure and you can anticipate delays. The ISSO strongly recommends that you apply before the completion of your program if at all possible.)

When to Apply:
You have a 5 month period in which to apply for OPT--from 90 days before the completion of your program until 60 days after. You may request a start date within the 60-day grace period following completion.

The employment authorization start date on your EAD will be the date you requested or the date the EAD is processed, whichever is later. Regardless of when your OPT begins, it cannot end later than a year from the end of your grace period.

Example: Pablo is graduating on May 21, 2008. He wants his OPT to begin as late as possible, which is July 20, 2008. He sends his application to USCIS on June 1st and they process his EAD card on August 15th. His OPT authorization on his card is August 15, 2008 to July 20, 2009. It is to your advantage to apply for OPT as early as is permitted because approval of your application by USCIS may require 6 to 12 weeks. You may not begin employment until you have the EAD in hand and you can only work during the time period indicated on the EAD.

How to Apply

Step 1: Obtaining the ISSO Recommendation
You may apply without a job offer. The ISSO recommendation may require 5 working days and you should make every effort to apply in a timely manner.

1. Complete the fillable I-765 Form in PDF format online and print it. Use a laser printer only. Sign the print out, making sure not to write outside the allotted area.
   If you choose not to type, please make sure you use BLUE ink.
   
   Note: question 3, Address. The address you put on the I-765 has to be one at which you can reliably receive mail up to 4 months from the time you mail the application. An "undeliverable" address is the major source of problems with OPT applications.
   question 10 asks for your Alien Registration number or I-94 number. This is the number printed at the top of your I-94 card.
   Question 16 asks for eligibility categories. The code for post-completion OPT is (c)(3)(B).
   
   
2. Download both pages of the Post-OPT Recommendation Request. You must complete page 1 and your academic adviser, department chair or program coordinator must complete page 2. Bring both completed forms to the ISSO with your completed I-765. Please come prepared to the ISSO with your desired employment start and end dates.
   
   A note about your completion date: This is not necessarily the day on which the degree will be conferred—-it is the day on which all degree requirements have been completed.
   
   For doctoral students the completion date may be:
   a) the day you defend your doctoral dissertation, or
   b) the day you deposit your dissertation, if it is within three months of the defense date and you are currently registered full time, or
   c) before the end of the last semester of registration in your current program of study
   
   Note: You may not be able to return to the United States in F-1 status after the deposit of your dissertation without having practical training authorization since you are no longer considered a full-time student after the dissertation deposit. Please consult an ISSO adviser before making your travel plans.
   
   
3. Trainee Adminstrative Fee of $100. Regulations under SEVIS require the University to maintain the record of the student for the duration of the time that is authorized. You are responsible for notifying the ISSO of any changes in your name or residence address, the name of any new employer and the employer's address, and any interruption, change, or termination in employment, and the ISSO must update your SEVIS record. The $100 fee is payable by Visa, MasterCard or Diner’s Club or by bank teller's check, certified check, or bank money order payable to Columbia University. Cash, uncertified personal checks, and postal money orders cannot be accepted.
   
   
4. Bring to the ISSO:
   a) Your current I-20 and all previously issued I-20’s
   b) Passport
   c) I-94 card (white card in passport)
   d) I-765 Form
   e) OPT Recommendation Request Form
   f) $100 fee

The International Students and Scholars Office staff will:

1. Review your application for eligibility.
   
2. If you are eligible, process a new SEVIS I- 20 which includes the OPT recommendation and the requested dates of employment
   
3. Notify you by email when your new I-20 is ready to be picked up
   

Step 2: Mailing your OPT Application to USCIS:

1. Sign and date the new I-20! (section 11) This sounds obvious but many OPT applicants have had their applications returned for unsigned I-20 and/or unsigned check.
   
2. Photocopy the entire application before you send it so that you have a complete copy for your records.
   
3. Send your application to the USCIS by certified mail, return receipt requested or by a courier service such as FedEx to provide you with proof that your application was timely in the event that the application is lost.
   
4. Mail your application to the USCIS Service Center having jurisdiction over the place of residence that you have written in item 3 of the form I-765. If you live in New York, New Jersey, Connecticut, Pennsylvania or any other state in the Northeast Region, send the application to:
   
   United States Citizenship and Immigration Services
   Vermont Service Center
   Attn: I-765
   75 Lower Welden Street
   St. Albans, VT 05479-9765
   
   If your address in item 3 of the I-765 is or will be outside the Northeast area at the time you expect to receive the EAD, tell the ISSO advisor who is processing your new I-20.

OPT Application Checklist

1. Completed Form I-765 Place the ORIGINAL I-765 form on top of your application materials for identification purposes by USCIS.
   
2. Required $340 fee - no cash - payable to Department of Homeland Security
   a bank check, or a money order (Please note that a money order is more difficult to track than a check.), or
   a personal check (Please write "USCIS I-765" in the memo line of the check.)
   
3. Photocopies of pages 1 and 3 of all I-20's issued to you since you first entered in F-1 status for your current degree program or since you changed to F-1 status. You must also send a photocopy of the I-20 which has the OPT recommendation. Do not send the originals of any I-20. Make sure that you have SIGNED AND DATED all your I-20's on page 1.
   
   Note: The USCIS wants to see all your I-20s in F-1 status starting from the one marked “initial attendance” (section 3). If you do not have all your I-20s, you should attach a brief explanation of your F-1 status history.
   
   
4. Photocopy of the identification page of the passport that has your photo on it. If the extension of the validity of the passport is on another page, make sure you attach a photocopy of that page as well.
   
5. Photocopies of both sides of the I-94 card (the white card in your passport)
   
6. Photocopies of both sides of any previously issued EAD cards
   
7. Two recent photos of yourself. The USCIS requires that the photos meet the specifications for the full frontal/passport type of photos and not be more than 30 days old when the applications is filed. For more information on photo standards, visit the Department of State website at http://www.travel.state.gov/passport/pptphotos/index.html. (Fotorush is on Broadway between 111th and 112th Streets.) We recommend that you write your name on the back of each picture in pencil.

Step 3: Receiving your EAD Card in the mail:

Address: The address you put on the I-765 has to be one at which you can reliably receive mail up to four months from the time you mail the application. An “undeliverable” address is the major source of problems with OPT applications.