CPT FAQ
1
In IPS, we ask that students do not email the same email to multiple office emails or multiple office staff. This commonly happens with students on OPT emailing Machel and OPT the same email. When students do this it creates extra work, so we ask all of our students to mainly only email ips@mtu.edu or if it is OPT related, opt@mtu.edu. Please refrain from emailing IPS staff directly, if needed you email will be forwarded to anyone necessary.
2
You need to keep all of your I-20s because you will need copies of all of them when you apply for 12 month OPT, STEM Extension and H1B. It is also an immigration document and you should keep all documents regarding immigration. If you think you are missing an I-20 fill out the Missing I-20 Google Form and we can make you copies of any prior I-20.
3
You must change your address in Banweb under the future mailing address tab. You must update your address no more than 10 days after any move. IPS DSOs have a time frame to complete address changes so do not panic if your SEVIS address does not change right away.
The IPS DSO will update your SEVIS residential address, you do not need to update it. You will only update your mailing address.
4
CPT authorization is strongly recommended for all unpaid internships, whether the student does or does not need to provide employment authorization documents to the company. The F-1 regulations are written so that CPT is an authorization to do practical training as part of the curriculum for the academic program. As such, it is significant in more ways than simply for the employer to verify employment eligibility. CPT authorization is more than just permission to get paid.
It would be best if you had CPT authorization for unpaid internships for the following reasons:
- CPT authorization by the university serves to demonstrate that this practical experience is part of the curriculum.
- CPT authorization is a way of reporting in SEVIS the student's activity, employment, and the location where they are working and maintaining their status.
- If ever a student is doing a job on an unpaid basis that someone would be hired and paid for, employment authorization in the form of CPT, OPT, etc. is advised.
- If the unpaid internship at some point changes into a paid one (or if your employer decides to compensate you for your work in any way – for example, give you a monetary gift), you won’t be able to accept the payment if your internship was not authorized as CPT. Please keep in mind that F-1 students cannot be retroactively remunerated or in any way compensated for work done in an unpaid internship if they did not obtain work authorization before when the work was performed.
Based on the above, we recommend that you apply for CPT authorization if you have an internship offer (paid or unpaid) that meets CPT eligibility criteria.
If the position is unpaid and for some reason, you can't obtain CPT authorization, please make sure that your prospective supervisor is aware of the U.S. Department of Labor regulations concerning unpaid internships and that you have assurances (preferably written) to that effect before you accept the position. We also recommend that at the end of your internship, you ask your employer to provide you with a letter confirming that there was no remuneration or any other type of compensation provided in any form during the dates you were participating in the internship. Please keep such a letter for your permanent records.
5
U.S. Immigration and Customs Enforcement (ICE) announced their Operation Optical Illusion, a law enforcement operation are targeting nonimmigrant students who fraudulently used the Optional Practical Training (OPT) program to remain in the United States. OPT enables nonimmigrant students to work in the United States in positions related to their field of study for up to one year, with an additional 24 months if the student participates in STEM optional practical training.
Students who claim to be employed by companies that don’t exist can be arrested, and their F1 visa revoked and deported. “ICE has a system of checks in place to mitigate fraud and is committed to protecting national security by ensuring that students, visitors, and schools comply with U.S. immigration laws. If you state you are working voluntarily and are not actually volunteering but trying to eliminate using the 90 days of allotted unemployment is illegal and considered fraudulent.
The agency will continue to vet students who gained new employment through OPT for compliance with their nonimmigrant status.
6
You need to have a valid travel signature whenever you travel out of the country. Valid means within 6 months of when you will return to the US. Travel signatures on the second page of the 1-20 are valid for 6 months from the date of issuance. If you will be returning even one day after the 6 month period you must request a new travel 1-20
7
No, it is the same process.
8
If you wish to extend your CPT please contact Career Services at co-op@mtu.edu. All CPT begins in Career Services. Once approved IPS handles the CPT I-20 generation.
9
CPT processing can take up to two weeks as its a collaboration of 4 different offices at Tech. The 1-20 processing can take 7-10 business days. All CPT and OPT is processed first come first serve no exceptions.
10
If you work over 364 days on CPT you will lose your eligibility to apply for OPT.
11
No! We recommend that if you have any OPT application pending (12 Month or STEM Extension) that you do not travel abroad. You run a higher risk of getting detained, and if you are to get detained IPS is unable to help you. However if you do choose to do so make sure your travel signature on the second page of your I-20 is valid (within six months). If you need a new signature you may either come to the IPS office to get it signed or fill out the Travel I-20 Request Google Form.
12
Students should not take other courses on CPT besides the required CPT course. While on CPT, students should focus on the CPT course and the employment. If you choose to take extra courses against our advice and you fail a required course, you need to Know IPS can NOT grant program extensions due to CPT participation and failed courses. This can have severe ramifications for your F1 visa status. Has this happened in the past? YES, tread cautiously.
12 Month OPT FAQ
1
In IPS, we ask that students do not email the same email to multiple office emails or multiple office staff. This commonly happens with students on OPT emailing Machel and OPT the same email. When students do this it creates extra work, so we ask all of our students to mainly only email ips@mtu.edu or if it is OPT related, opt@mtu.edu. Please refrain from emailing IPS staff directly, if needed you email will be forwarded to anyone necessary.
2
You need to keep all of your I-20s because you will need copies of all of them when you apply for 12 month OPT, STEM Extension and H1B. It is also an immigration document and you should keep all documents regarding immigration. If you think you are missing an I-20 fill out the Missing I-20 Google Form and we can make you copies of any prior I-20.
3
No! We recommend that if you have any OPT application pending (12 Month or STEM Extension) that you do not travel abroad. You run a higher risk of getting detained, and if you are to get detained IPS is unable to help you. However if you do choose to do so make sure your travel signature on the second page of your I-20 is valid (within six months). If you need a new signature you may either come to the IPS office to get it signed or fill out the Travel I-20 Request Google Form.
4
No, USCIS currently requires OPT applications be sent from within the U.S.
5
You will not hear anything from USCIS until your packet reaches the processing center. Remember you send your packet to the sorting facility not the processing center so it can take some time. Refer back to the email you were sent when you applied and the OPT packet. If after 30 business days not including Holidays have passed you can contact the lockbox facility.
6
7
You must change your address in Banweb under the future mailing address tab. You must update your address no more than 10 days after any move. IPS DSOs have a time frame to complete address changes so do not panic if your SEVIS address does not change right away.
The IPS DSO will update your SEVIS residential address, you do not need to update it. You will only update your mailing address. Please only change your address on Banweb. DO NOT update the SEVP Portal with your new address, as this messes up our weekly batch to update addresses.
8
You are eligible to apply up to 90 days before your 12 month OPT end date. All information on when and how to apply for STEM Extension can be found under the when and how to apply tab of the STEM Extension page.
9
You must report changes in address or employment no later than 10 days after a change in address or employment is made. Employment forms can be found in the 12 Month OPT and STEM Extension Pages.
10
You can update your supervisor information and job title in the SEVP portal and not require a new I-20. If you change employers or your site address for your current employer changes and the new site address is in a different city or state, you will require a new I-20 and will need to fill out a new employer form in order to get a new I-20. Remember, IPS cannot see changes you make in your SEVP portal so it is your responsibility to fill out the correct form in order to get a new I-20
11
When you are applying for any OPT, OPT processing on IPS's end can be 7-10 business days. OPT processing through USCIS can take 90-150 days.
12
There is a 60-day grace period following the end of the OPT period. The grace period is only applicable for those who have not exceeded the 90 days of unemployment during the OPT period or the 150 days of unemployment during OPT and the STEM OPT extension.
13
The Department of Homeland Security (DHS) has said they will be terminating immigration records of students who have exceeded 90 days of unemployment. If your immigration record is terminated, you must leave the US immediately; there is no grace period.
If you exceed the 90 days of unemployment, you will no longer be in a valid immigration status, and this can both affect your ability to remain in the US, and may mean ineligibility for future immigration benefits (such as a change of status to H-1B), or denial of a future visa application.
The best advice is to engage in activities outlined above and keep good documentation of your employment.
If you are in your OPT and will soon exceed the 90 days of unemployment and you have no plans to work, volunteer, or intern in your field, then you should consider:
- Applying to continue your education by a change of education level or transfer to another SEVP-certified school
- Depart the US
- Initiate a change of status
14
A common misconception is that the only difference is employees get paid, and volunteers do not.According to U.S. labor laws, there is more to distinguish between employees and volunteers than whether an individual receives a regular paycheck. Unpaid work may still be considered employment for F-1 or J-1 status holders.
What is an employee? The definition of an employee used in the context of immigration regulations is as follows: “An individual who provides services or labor for an employer for wages or other remuneration.” Please note that the term “remuneration” is very broad and includes various non-monetary benefits, such as free housing, food, gifts, etc.
What is a volunteer? According to the Department of Labor, a volunteer is an “individual who performs hours of service… for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered.”
To be considered a volunteer, the work performed by the individual must meet the following criteria:
- No expectation of compensation
- The volunteer cannot displace a genuine employee
- The services provided by the volunteer should not be the same services for which he or she was previously paid and/or expects to be hired and paid for in the future
- Services are performed for a non-profit organization for public service, religious or humanitarian objective
15
Students applying for their initial OPT or STEM OPT may be denied work authorization by USCIS “as a matter of discretion” depending on the nature and circumstances of their criminal incidents. If USCIS discovers that a student has been arrested or charged with a criminal offense, it will likely issue an “RFE” (Request for Evidence) requesting that documentation regarding the arrest and its ultimate disposition be furnished, usually in the form of arrest reports, certified court dispositions and sentencing documents. Given that conviction of crimes involving moral turpitude, controlled substance offenses, and aggravated felonies (among the many grounds of deportability) can possibly render an individual removable, individuals with criminal records would be prudent to consult with immigration counsel prior to submitting an application for a work permit. While employment authorization is understandably important, an individual must balance the need to work against jeopardizing one’s status and potential exposure to removal proceedings.
16
U.S. Immigration and Customs Enforcement (ICE) announced their Operation Optical Illusion, a law enforcement operation are targeting nonimmigrant students who fraudulently used the Optional Practical Training (OPT) program to remain in the United States. OPT enables nonimmigrant students to work in the United States in positions related to their field of study for up to one year, with an additional 24 months if the student participates in STEM optional practical training.
Students who claim to be employed by companies that don’t exist can be arrested, and their F1 visa revoked and deported. “ICE has a system of checks in place to mitigate fraud and is committed to protecting national security by ensuring that students, visitors, and schools comply with U.S. immigration laws. If you state you are working voluntarily and are not actually volunteering but trying to eliminate using the 90 days of allotted unemployment is illegal and considered fraudulent.
The agency will continue to vet students who gained new employment through OPT for compliance with their nonimmigrant status.
17
USCIS does not forward any government documents ever. If this is the case you will need to have someone at the mailing address to collect your documents and forward them to you.
18
You need to have a valid travel signature whenever you travel out of the country. Valid means within 6 months of when you will return to the US. Travel signatures on the second page of the 1-20 are valid for 6 months from the date of issuance. If you will be returning even one day after the 6 month period you must request a new travel 1-20
19
Use this form if you wish to leave the country and terminate your OPT: OPT Termination Form
20
Yes, you are eligible for 12 Month OPT at each degree level and eligible for a total of 2 STEM Extensions
21
No, there is not regaining any unused OPT once OPT is terminated.
22
You need to finish before you apply for stem opt as part of the stem documents that must be sent in with the Stem OPT packet are copies of the degree completion and transcripts. If you can NOT finish for some reason, you can write a detailed letter and submit it with the application; however, the Stem Extension processing can take longer; you could receive what's called an RFE "Request for further evidence," Or it could be denied.
23
No, IPS is not trained in taxes. You should work with your employers HR and/or a tax accountant such as H&R Block.
24
The list of acceptable documents can be found on USCIS's website here.
25
NO! If you are working you MUST STOP IMMEADIATLY per OPT directions stating that after the academic end date until the OPT is approved you CANNOT WORK ANYWHERE. If you have been working it can cause serious issues for your visa status which can include denial of all OPT and/or future visas.
26
You will get an email from SEVP once your OPT is approved and your start date arrives. You may not get the email until 2 weeks after your start date so do not panic.
27
The unemployment form is meant for OPT applicants who stop working with an employer and DO NOT have a new employer lined up. If you have a new employer you do not need to fill out this form as your unemployment days will be auto calculated once the DSO adds a new employer.
28
No, the I-983 training plan is only for students on or applying for 24 month STEM Extension.
29
No you should not. There are many scammers out there and your I-20 has information on it. If this does happen to you keep and eye on your credit score in case they get access to your SS number.
30
Yes it will. USCIS will not forward EAD cards so you will need to contact USCIS directly to mitigate this issue.
31
The I-765 form to apply for Optional Practical Training instructs you to submit the form within the United States. We recommend that you follow the instructions on the form. If you follow different instructions, we cannot provide guidance on how USCIS will respond or whether they will accept your application.
32
Eligibility for unemployment benefits is a complicated combination of immigration and labor laws. There is some concern that accepting unemployment benefits could count as being a “public charge” and potentially affect eligibility for future immigration benefits. We recommend consulting an immigration attorney before applying to learn more about potential consequences.
33
Your on-campus work permission must end on or before the last date of your academic end date. You can NOT work on campus after your academic end date unless it is doing research for candidacy. You cannot begin working again until your OPT is approved and your OPT start date has arrived.
34
Yes as long as you maintain an employee.employer relationship with your employer and they are okay with it.
35
You can check here.
36
Yes! If the OPT has been approved and your start date has arrived. All employment once on OPT must pertain to your field f study. You need to know MTU does not participate in E0verify which is a stem OPT application requirement. This means If you will work on campus MTU is not an eligible stem extension OPT employer.
37
You still include the I-94 in your packet but on the I-765 put your most recent port of entry and date regardless of what is on the I-94. USCIS will see it has not been updated yet.
38
For example, if your academic end date on your I-20 is December 2021 and you are done with your program requirements in May 2021. The DSO will shorten your I-20 to the date your advisor lists on your advisor recommendation form.
39
No you do not need an RCL. The RCL is only required if a student is below 9 credits (full time status) in their final semester.
40
It depends on what your academic end date on your current I-20 says. If it ends in May, most students do not apply for a program extension but move forward with OPT and finish while the OPT is in processing, pending, or approved.
41
You will need to work with grad school on the academic requirements to finish and do one of the steps above to maintain your F1 visa status.
42
When the USCIS issues an RFE, your case's processing will be suspended; once the deadline for your response arrives, the processing will resume. You might then expect to hear about your application's decision in about 60 days, but the processing can take longer. If you are ultimately denied and have applied for post-completion OPT, you will need to leave the U.S. or enroll in a school to pursue a program leading to a Master's degree or Ph.D. that is SEVP-approved.
Most people who have responded to an RFE can, however, expect further action by USCIS within about 60 days. If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to reach out to the USCIS Contact Center at 1-800-375-5283.
43
Receiving an RFE does not necessarily mean that your OPT application will be denied. It means that the USCIS requires additional evidence or proof from you to adjudicate your application. The USCIS can deny applications without issuing requests for evidence or notices of intent to deny. The fact that you received an RFE means that you will have the opportunity to fix any errors and offer additional documentation to support why your application should be approved.
You need to pay close attention to the deadline for your response. The deadline should be listed in bold somewhere at the top of the letter. If you do not respond on time, the USCIS will likely decide to deny your application based on its belief that you abandoned it or because it must make a decision without the information that is asked for. If you move, make certain to update your address with the USCIS. If you frequently travel, have your mail forwarded to you not to miss an RFE that the USCIS might send. Be sure to check your original OPT requested 1-20 date. If the 1-20 is past 30 days from the date issued, you must contact OPT@mtu.edu to request the original 1-20 be canceled and reissued.
44
You can wait to report the employment up to 10 days from the actual start date. For example, you start employment on May 1st; you will have until May 10th to report. If you are approaching the 10th day and still have not received the portal link, you can submit the employment form without first entering the employment in the portal. In the employment form 4th questions, you will choose the option - "No because I do not have an SEVP account due to my OPT not being approved yet or No, I have not received the SEVP portal link from USCIS. The IPS DSO will receive the form and enter all employment information within the SEVP portal. You will still need to activate the portal once you receive the link for future employment updates in the future.
45
U.S. Citizenship and Immigration Services
F-1 students seeking optional practical training (OPT) in an occupation directly related to their major area of study are now eligible to complete and file their Form I-765, Application for Employment Authorization, online. For more information, visit: www.uscis.gov/i-765
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If you submit your Form I-765 online and you are not eligible under categories (c)(3)(A), (c)(3)(B), or (c)(3)(C), we will deny the application and retain the fee.
IPS will be offering online filing. However, this is a new process for USCIS and all universities. You need to know with new processes come new glitches. Students who file the OPT application online and run into issues need to know DSO assistance is limited. Currently, the safest OPT filling option is still through the original mail method. Please be patient as IPS works through new processes and procedures, which includes website updating.
F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.
“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.
Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.
24 Month STEM OPT FAQ
1
In IPS, we ask that students do not email the same email to multiple office emails or multiple office staff. This commonly happens with students on OPT emailing Machel and OPT the same email. When students do this it creates extra work, so we ask all of our students to mainly only email ips@mtu.edu or if it is OPT related, opt@mtu.edu. Please refrain from emailing IPS staff directly, if needed you email will be forwarded to anyone necessary.
2
You need to keep all of your I-20s because you will need copies of all of them when you apply for 12 month OPT, STEM Extension and H1B. It is also an immigration document and you should keep all documents regarding immigration. If you think you are missing an I-20 fill out the Missing I-20 Google Form and we can make you copies of any prior I-20.
3
No! We recommend that if you have any OPT application pending (12 Month or STEM Extension) that you do not travel abroad. You run a higher risk of getting detained, and if you are to get detained IPS is unable to help you. However if you do choose to do so make sure your travel signature on the second page of your I-20 is valid (within six months). If you need a new signature you may either come to the IPS office to get it signed or fill out the Travel I-20 Request Google Form.
4
No, USCIS currently requires STEM OPT applications be sent from within the U.S.
5
You will not hear anything from USCIS until your packet reaches the processing center. Remember you send your packet to the sorting facility not the processing center so it can take some time. Refer back to the email you were sent when you applied and the OPT packet. If after 30 business days not including Holidays have passed you can contact the lockbox facility.
6
7
You must update your address no more than 10 days after any move. IPS DSOs have a time frame to complete address changes so do not panic if your SEVIS address does not change right away.
The IPS DSO will update your SEVIS residential address, you do not need to update it. You will only update your mailing address. Please only change your address on Banweb. DO NOT update the SEVP Portal with your new address, as this messes up our weekly batch to update addresses.
8
You must report changes in address or employment no later than 10 days after a change in address or employment is made. Employment forms can be found in the 12 Month OPT and STEM Extension Pages.
9
When you are applying for any OPT, OPT processing on IPS's end can be 7-10 business days. OPT processing through USCIS can take 90-150 days.
10
There is a 60-day grace period following the end of the OPT period. The grace period is only applicable for those who have not exceeded the 90 days of unemployment during the OPT period or the 150 days of unemployment during OPT and the STEM OPT extension.
11
The Department of Homeland Security (DHS) has said they will be terminating immigration records of students who have exceeded 90 days of unemployment. If your immigration record is terminated, you must leave the US immediately; there is no grace period.
If you exceed the 90 days of unemployment, you will no longer be in a valid immigration status, and this can both affect your ability to remain in the US, and may mean ineligibility for future immigration benefits (such as a change of status to H-1B), or denial of a future visa application.
The best advice is to engage in activities outlined above and keep good documentation of your employment.
If you are in your OPT and will soon exceed the 90 days of unemployment and you have no plans to work, volunteer, or intern in your field, then you should consider:
- Applying to continue your education by a change of education level or transfer to another SEVP-certified school
- Depart the US
- Initiate a change of status
12
A common misconception is that the only difference is employees get paid, and volunteers do not.According to U.S. labor laws, there is more to distinguish between employees and volunteers than whether an individual receives a regular paycheck. Unpaid work may still be considered employment for F-1 or J-1 status holders.
What is an employee? The definition of an employee used in the context of immigration regulations is as follows: “An individual who provides services or labor for an employer for wages or other remuneration.” Please note that the term “remuneration” is very broad and includes various non-monetary benefits, such as free housing, food, gifts, etc.
What is a volunteer? According to the Department of Labor, a volunteer is an “individual who performs hours of service… for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered.”
To be considered a volunteer, the work performed by the individual must meet the following criteria:
- No expectation of compensation
- The volunteer cannot displace a genuine employee
- The services provided by the volunteer should not be the same services for which he or she was previously paid and/or expects to be hired and paid for in the future
- Services are performed for a non-profit organization for public service, religious or humanitarian objective
13
Students applying for their initial OPT or STEM OPT may be denied work authorization by USCIS “as a matter of discretion” depending on the nature and circumstances of their criminal incidents. If USCIS discovers that a student has been arrested or charged with a criminal offense, it will likely issue an “RFE” (Request for Evidence) requesting that documentation regarding the arrest and its ultimate disposition be furnished, usually in the form of arrest reports, certified court dispositions and sentencing documents. Given that conviction of crimes involving moral turpitude, controlled substance offenses, and aggravated felonies (among the many grounds of deportability) can possibly render an individual removable, individuals with criminal records would be prudent to consult with immigration counsel prior to submitting an application for a work permit. While employment authorization is understandably important, an individual must balance the need to work against jeopardizing one’s status and potential exposure to removal proceedings.
14
Fake employer information, Voluntary employment in which students are not actually volunteering, Not working in the actual field of study but submitting documents stating otherwise.
U.S. Immigration and Customs Enforcement (ICE) announced their Operation Optical Illusion, a law enforcement operation are targeting nonimmigrant students who fraudulently used the Optional Practical Training (OPT) program to remain in the United States. OPT enables nonimmigrant students to work in the United States in positions related to their field of study for up to one year, with an additional 24 months if the student participates in STEM optional practical training.
Students who claim to be employed by companies that don’t exist can be arrested, and their F1 visa revoked and deported. “ICE has a system of checks in place to mitigate fraud and is committed to protecting national security by ensuring that students, visitors, and schools comply with U.S. immigration laws. If you state you are working voluntarily and are not actually volunteering but trying to eliminate using the 90 days of allotted unemployment is illegal and considered fraudulent.
The agency will continue to vet students who gained new employment through OPT for compliance with their nonimmigrant status.
15
USCIS does not forward any government documents ever. If this is the case you will need to have someone at the mailing address to collect your documents and forward them to you.
16
You need to have a valid travel signature whenever you travel out of the country. Valid means within 6 months of when you will return to the US. Travel signatures on the second page of the 1-20 are valid for 6 months from the date of issuance. If you will be returning even one day after the 6 month period you must request a new travel 1-20
17
Use this form if you wish to leave the country and terminate your OPT: OPT Termination Form
18
Yes, you are eligible to work up to 180 days while STEM is processing, you do not need your new EAD card to continue working, you just need to have applied before your 12 month expired. All you need to show your employer is the second page of your I-20 that shows requested STEM OPT.
19
You must work at least 20 hours per week per employer while on active STEM OPT. If your employment drops under 20 hours per week, it may count against your unemployment time.
20
You may work for more than one employer on STEM OPT, but each employment occurrence must be related to your stem STEM field of study, and must be for at least 20 hours per week. Each separate STEM OPT employer must provide an I-983 Training Plan. If you have any change of employer, a material change in your employment with the same employer, or the addition of a new employer, you must submit a new I-983 Training Plan to the ISSO and must obtain a new STEM OPT authorization on your I-20.
21
No. The I-983 does not have to be filled out by the supervisor, it can be filled out by HR. However, section 5 much have your supervisor information not whoever filled out the form.
22
No, there is not regaining any unused OPT once OPT is terminated.
23
You only need to show your employer your new I-20 where it says STEM OPT Requested.
24
You need to finish before you apply for stem opt as part of the stem documents that must be sent in with the Stem OPT packet are copies of the degree completion and transcripts. If you can NOT finish for some reason, you can write a detailed letter and submit it with the application; however, the Stem Extension processing can take longer; you could receive what's called an RFE "Request for further evidence," Or it could be denied.
25
No, IPS is not trained in taxes. You should work with your employers HR and/or a tax accountant such as H&R Block.
26
The list of acceptable documents can be found on USCIS's website here.
27
The unemployment form is meant for OPT applicants who stop working with an employer and DO NOT have a new employer lined up. If you have a new employer you do not need to fill out this form as your unemployment days will be auto calculated once the DSO adds a new employer.
28
Yes but only under governmental grant programs which are rare. The department who wants to hire you must work with HR regarding EVerify, IPS does not handle that.
29
No you should not. There are many scammers out there and your I-20 has information on it. If this does happen to you keep and eye on your credit score in case they get access to your SS number.
30
Yes it will. USCIS will not forward EAD cards so you will need to contact USCIS directly to mitigate this issue.
31
The I-765 form to apply for Optional Practical Training instructs you to submit the form within the United States. We recommend that you follow the instructions on the form. If you follow different instructions, we cannot provide guidance on how USCIS will respond or whether they will accept your application.
32
Eligibility for unemployment benefits is a complicated combination of immigration and labor laws. There is some concern that accepting unemployment benefits could count as being a “public charge” and potentially affect eligibility for future immigration benefits. We recommend consulting an immigration attorney before applying to learn more about potential consequences.
33
No you cannot, only the DSO can upload it into SEVIS. It is extremely important you follow all employment reporting guidelines.
34
No, if your degree CIP code is not found here you are not eligible for the additional 24 month Stem OPT.
35
We do NOT advise changing employers while Stem Extension is pending; however, if students choose to move forward, you need to know it may cause application processing delays. Remember that you are eligible to continue working up to 180 days after the application is pending but no longer than the allotted 180 days. This means if the packet is still pending after the allotted time, you must stop working until the extension is approved.
PLEASE READ USCIS INFORMATION - CHANGING EMPLOYERS WHILE STEM PENDING
To change employers while a student's Stem Extension application is pending, the student must report the change in employment to their DSO. The DSO must update the student’s employer information in SEVIS. The student should submit an amended Form I-765 to the appropriate USCIS Service Center, providing the new employer’s E-Verify number and a copy of the USCIS receipt notice for the first Form I-765. Include A brief letter explaining the change and new submission. There is no fee associated with submitting the amended Form I-765.
We recommend calling USCIS before moving forward to find out how and where to send the new packet information. You can call the National Customer Service Center (NCSC) number is 800-375-5283.
If you wish to move forward with the employment change, you must follow the steps below:
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You must fill out the employer verification form 24 Month OPT Employment Verification which will come electronically to IPS. You must submit a new I-983 training plan and final evaluation training plan for the previous employer before starting work with the new employer.
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Once we update your employer and receive the new I-983 training plan along with the previous employer's final evaluation, I-983 IPS will then generate a new I-20 and upload both training plans directly to SEVIS. You will receive a signed, scanned copy of the new I-20 allowing you to print it out and mail it with the amended 1-765 application. IPS will mail the original, which is for your records only.
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No, students on STEM OPT can not change employment information in the SEVP Portal. The Designated School Official (DSO) must do all employment changes.
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U.S. Citizenship and Immigration Services
F-1 students seeking optional practical training (OPT) in an occupation directly related to their major area of study are now eligible to complete and file their Form I-765, Application for Employment Authorization, online. For more information, visit: www.uscis.gov/i-765
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If you submit your Form I-765 online and you are not eligible under categories (c)(3)(A), (c)(3)(B), or (c)(3)(C), we will deny the application and retain the fee.
IPS will be offering online filing. However, this is a new process for USCIS and all universities. You need to know with new processes come new glitches. Students who file the OPT application online and run into issues need to know DSO assistance is limited. Currently, the safest OPT filling option is still through the original mail method. Please be patient as IPS works through new processes and procedures, which includes website updating.
F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.
“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.
Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.
Advisor FAQ
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A common misconception is that the only difference is employees get paid, and volunteers do not.According to U.S. labor laws, there is more to distinguish between employees and volunteers than whether an individual receives a regular paycheck. Unpaid work may still be considered employment for F-1 or J-1 status holders.
What is an employee? The definition of an employee used in the context of immigration regulations is as follows: “An individual who provides services or labor for an employer for wages or other remuneration.” Please note that the term “remuneration” is very broad and includes various non-monetary benefits, such as free housing, food, gifts, etc.
What is a volunteer? According to the Department of Labor, a volunteer is an “individual who performs hours of service… for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered.”
To be considered a volunteer, the work performed by the individual must meet the following criteria:
- No expectation of compensation
- The volunteer cannot displace a genuine employee
- The services provided by the volunteer should not be the same services for which he or she was previously paid and/or expects to be hired and paid for in the future
- Services are performed for a non-profit organization for public service, religious or humanitarian objective
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NO! Students cannot work or volunteer after their academic program end date until the OPT has been approved, their start date has arrived and they have received their EAD Card. It is illegal and students are given this information numerous times. It is the students responsibility to understand all F1 visa rules and regulations.
The only exception to this is if the student is doing research work to finish their degree while in candidacy.
H1B and Cap Gap FAQ
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In IPS, we ask that students do not email the same email to multiple office emails or multiple office staff. This commonly happens with students on OPT emailing Machel and OPT the same email. When students do this it creates extra work, so we ask all of our students to mainly only email ips@mtu.edu or if it is OPT related, opt@mtu.edu. Please refrain from emailing IPS staff directly, if needed you email will be forwarded to anyone necessary.
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You need to keep all of your I-20s because you will need copies of all of them when you apply for 12 month OPT, STEM Extension and H1B. It is also an immigration document and you should keep all documents regarding immigration. If you think you are missing an I-20 fill out the Missing I-20 Google Form and we can make you copies of any prior I-20.
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IPS only updates the record from F-1 to H-1. If you require advising for H1B you will have to speak to an immigration attorney.
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You need to fill out the Transitioning to H1B Google Form. If you are on STEM Extension prior to being on H1B you will also need to submit your final training plan with your final evaluation filled out into the form. Please fill out the form and do not email your documents to the IPS or OPT emails. Filling out the form ensures you give us all information so we can change your record.
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No, IPS is not trained in taxes. You should work with your employers HR and/or a tax accountant such as H&R Block.