Issues to be noted in the application and utilization of OPT for international students (I)

Published October 8, 2013

1. What is OPT

   OPT is an internship after graduation. For international students, the two most common types of internships are CPT and OPT. CPT is a work internship that you apply for while you are still in school. During the application process, CPT is easier than OPT, as long as the internship is related to your major, and you need to report to the school for approval. The OPT application is more stringent and has to be approved by the Immigration Bureau. It usually takes about three to four months for the application to be approved.

   
   

2. Application Timing and Requirements

   
   

In accordance with immigration law regarding OPT, students applying for internships after graduation must be mindful of the timing of the submission of the application:

• F-1 students must submit their OPT application between 90 days prior to the end of their studies and 60 days after the end of their studies.

• The OPT application must be submitted to USCIS within 30 days after the foreign student supervisor enters the internship proposal in SEVIS.

• The signature of the foreign student supervisor on the I-20 form must also be within 30 days of USCIS receiving the OPT application.

Failure to comply with the above timelines may result in denial of the application.

3. OPT validity and inactivity status

   
   

The validity of OPT: general majors are valid for one year; but students of natural sciences (Science), technology (Technology), engineering (Engineering) and mathematics (Math) disciplines can apply for an extension of OPT, in the OPT one-year validity (12 months) can be extended by another 17 months, so that the total OPT time can be up to 29 months. The total period of OPT can be up to 29 months.The period of OPT validity can not work: OPT does not need to have a specific employer at the time of application, and does not need to be sponsored by a company. However, after the OPT is approved, USCIS requires that the student be allowed to be out of work for only three months during the one-year validity period of the OPT. STEM majors are allowed to be out of work for one month longer than other disciplines during the OPT period, i.e., four months.

Excessive periods of unemployment can result in loss of legal status. While unemployment during OPT is not investigated by the USCIS or the school, it may affect an applicant's ability to obtain a green card if the USCIS finds that the applicant has been unemployed for longer than the required period.

4. OPT requirements for working hours

   
   

Work during OPT must be related to the student's major. Full-time, part-time, volunteer, or even self-employment is acceptable. Students should keep track of when and how they are employed, and keep the employment contract with dates and proof of employment. In the case of self-employment, there are many specific requirements, such as the business operation must be related to the student's major, and OPT holders must not work less than 20 hours per week. In short, there are many complexities in between the application and use of OPT. As soon as you have any questions, ask the school's staff and an experienced immigration attorney.