Useful links:
- FAQ on F-1 OPT extension issues (N0517)
- USCIS FAQ on OPT (USCIS website)
- F-1 travel and H-1B cap
- Travel issues while in F-1 status (T8219)
- USCIS Policy on Maintenance of Status of F/J/M Nonimmigrants (Effective 8/9/18)
- USCIS backgrounder on Unlawful Presence and Bars on Admissibility
Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1 nonimmigrants. F-1 nonimmigrants must be full-time students. While enrolled they do not have authorization to accept employment off-campus, with some minor exceptions. There are two basic types of off-campus work authorization available to F-1 students.
Curricular practical training (CPT) is employment which is an integral or important part of the F-1 student’s curriculum. This would include alternate work/study, internship, cooperative education or any other required internship or practicum which is offered by sponsoring Employers through cooperative agreements with the school. The student must receive academic credit for the employment.
The Designated Student Official (DSO) has the authority to grant requests for either part-time or full-time curricular practical training. Such practical training is Employer-specific and USCIS approval is not required. The part-time designation only allows for up to 20 hours of work per week, whereas the full-time designation allows for full-time employment without enrollment. As long as the eligibility of the student and the position are maintained, there is no limit on the duration of CPT employment during the F-1 student’s program of study. However, an F-1 student who has completed 12 months or more of full-time CPT is not allowed to engage in optional practical training.
Optional practical training before and after completion of studies
An F-1 student may be eligible for up to 12 months of optional practical training. This is available while pursuing or after completing a course of study. Full- or part-time practical training is allowed; part-time practical training will be deducted at one-half the full-time rate. The F-1 student is eligible to apply for practical training only after the student has been enrolled for nine consecutive months as a full-time student.
Optional Practical Training (OPT) must be related to the student’s major area of study and is available in four instances: (1) while school is in session (limited to part-time only); (2) during vacations; (3) after completion of all course requirements for the degree; and (4) after completion of the course of study.
The student must apply to the DSO for endorsement on Form I-20 that OPT is recommended. Once OPT is recommended the student is required to file form I-765 (Employment Authorization Document) with USCIS. Once the EAD card is issued, the student can commence employment. The EAD card is normally valid for 12 months and current processing time is 30-90 days.
DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.