What is OPT, when can I apply, and what types of work qualify as employment?
Most international students apply for the OPT program to work in the U.S. after graduating from college or graduate school. If you are approved for OPT, which allows you to work in a field related to your degree, you will be issued an Employment Authorization Document (EAD) card that allows you to work for one year. If you are unemployed for more than 90 cumulative days during your one-year authorization period, your OPT will automatically terminate and you will no longer be eligible for F-1 status.
To apply for OPT, you must first file an OPT application (which varies by school) with the international office of the school you are attending. Once you are issued an I-20 for OPT, you can submit Form I-765, I-20 for OPT, and any other attachments and filing fees to USCIS. Once you submit your OPT, you will receive your EAD card in about 3-5 months.
The important thing to note is the timing of your immigration documents. Your OPT documents must be received by USCIS within a 150-day window, which is up to 90 days before and 60 days after the expected end date of your degree program. Some people miss this filing window, and it’s important to note that USCIS will almost always deny your OPT application if it’s even a day early or late. As a general rule of thumb, you should start working with your school to make arrangements at least four months before your expected graduation date.
If you are approved for OPT, you will be able to work from the start date on your EAD card. With the exception of the requirement to work a minimum of 20 hours per week in a field related to your degree major, OPT employment can be quite varied, as shown below.
- Paid employment: The most common form is to work as a full-time, salaried employee for a typical company or corporation.
- Multiple employers: You’re allowed to work for more than one employer if you’re part-time (20 or more hours per week) rather than full-time.
- Short-term multiple employers: Primarily applicable to those in the arts, it allows for short-term and multi-employer work. Even then, you can’t accumulate more than 90 days of unemployment during your one-year OPT period.
- Work for hire: You can also work for compensation as a freelancer (“1099 independent contractor”) even if you are not a full-time employee. In this case, it is important to keep proof of compensation (contracts, 1099s, etc.), as immigration authorities may be able to verify your OPT work if you change status in the future.
- Self-employed business owner: It is also possible for OPT students to start and run their own business. In this case, you must work full-time (at least 35 hours per week) and provide documentation of your income/sales, such as legitimate business licenses/certifications.
- Employment through an agency: It is also permissible to work for compensation through an agency, such as a staffing agency, even if it is not an actual employer. This is often the case for fashion designers and artists.
- Unpaid employment: Volunteer or unpaid internships are also considered forms of OPT work. Again, you must work at least 20 hours per week, and in the case of volunteer work, the employers you can work for are limited to public, charitable, or religious organizations, and the position cannot be a replacement for a full-time employee of the organization. Also, these unpaid work arrangements are not eligible for the STEM OPT program, which allows you to apply for an additional two years of employment authorization after OPT.
Once you have an OPT assignment, it’s important to notify your school’s office so that it can be updated in the USCIS system. Also, if you change employers while on OPT, you are required to notify your school within 10 days of the change.
If you have any additional questions about OPT, please contact mail@songlawfirm.com으로.