Application Process

• Submit OPT Request Form and $200 fee

  • $200/year

  • Student must designate a start date, which must be sometime within the 60-day grace period of completing a program

• Receive updated I-20 from DSO

• Prepare and submit the application and supporting documents to USCIS

  • Applications must be submitted to USCIS within 30 days of the date the new Form I-20 with OPT recommendation is issued by the DSO; otherwise, USCIS will automatically deny the request.

  • Processing times may vary and can take anywhere from several weeks to a few months.

• Once approved, an EAD card will be mailed to the address on the I-765 form within 2-3 weeks.

  • Once EAD card is received, a copy must be sent to Virscend

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Rules

• Employment may not begin until the EAD card is in hand and the start date has been reached.

  • Employment cannot continue past the OPT end date listed on the EAD card.

  • If STEM extension application is pending (and submitted within the allotted time), the student can continue working even without the new EAD card

• All employment must be directly related to the student’s field of study. USCIS allows the student to make this determination but may request justification during an audit.

  • NOTE: DHS may audit your employment history. Misrepresentation of employment could result in a violation of F-1 status.

• Work must be either part-time (at least 20 hours/week) or full-time (more than 20 hours/week)

• Employment Types:

  • Paid Employment: A student must work at least 20 hours per week

  • Multiple Employers: A student may work for more than one employer, but all employment must be related to the student’s degree program. Employment for 1 employer must be at least 20 hours per week.

  • Short-term multiple employers: A student, such as a musician or other type of performing artist, may work for multiple short-term employers (gigs). The student should maintain a list of all gigs, the dates and duration. Employment must be at least 20 hours per week.

  • Work for Hire (Contractual): This is commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than employment relationship. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company. Employment must be at least 20 hours per week.

  • Self-Employed Business Owner: A student on OPT may start a business and be self-employed. The student must be able to prove that they have the proper business licenses and are actively engaged in a business related to the student’s degree program. Employment must be at least 20 hours per week.

  • Third-Party Employers: Employment must constitute a bona fide employer/employee relationship. A student must be able to provide evidence showing they worked at least 20 hours per week while employed by the third-party employer (e.g., staffing agency, talent agency, consulting firms).

  • Unpaid Employment: A student may work as a volunteer or unpaid intern, where this practice does not violate any U.S. labor laws. The work must be at least 20 hours per week. A student must be able to provide evidence acquired from the student’s employer to verify that the student worked at least 20 hours per week during the period of employment.

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OPT Unemployment

• Students are allowed 90 cumulative calendar days of unemployment during their 12-month OPT period.

  • This begins on the start date of their EAD card if employment information is not reported to the SEVP Portal.

  • Weekends and holidays included

  • Employer time off is not counted

  • Exceeding 90 days of unemployment means you must leave the US

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OPT Reporting

• Within 72 hours of OPT start date, you will receive an email from SEVP with access instructions and the link will only be active for 14 days.

• F-1 students must report the following info within 10 days of change to SEVP Portal:

  • OPT Employment Status

  • Update Contact Info

• Students should keep copies of all I-20s issued before and after OPT approval for their personal records.

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Traveling during OPT

• Students must request a travel endorsement from the university DSO and obtain a new Form I-20 signed for travel.

  • Endorsements are good for 6 months

• While traveling, students must have copies of:

  • Signed form I-20 with travel endorsement

  • Valid passport and F-1 visa

  • EAD card

  • Job offer letter or proof of employment

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Links and Resources