12 month OPT, Cap Gap & STEM OPT

Transcription

1 12 month OPT, Cap Gap & STEM OPT INTERNATIONAL STUDENTS AND SCHOLARS 250 STUDENT UNION /16/2018

2 What is Optional Practical Training? O Defined as Temporary employment for practical training directly related to the student s major field of study O Pre-Completion and post- completion OPT O OPT is available after the completion of each level BS, MS, PhD O Eligibility Must have been lawfully enrolled on a full-time basis at an SEVP approved school for one academic year. O Post completion OPT is after the completion of the degree. 2/16/2018 2

3 In preparation for 12 month OPT Is this semester your final semester? O Confirm with academic advisor O File the ISS final semester form with the OPT application Final Semester enrollment O Undergraduate = Number of hours to graduate O Graduate = No assistantship (minimum hours is 2 or what is needed to graduate O Assistantship = 6 hours for both 25% or 50%. Check with Graduate College of graduation requirements O Doctoral Candidates = continues enrollment of 2 hours O Caution: under enrollment and failure to graduate can result in loss of OPT 2/16/2018 3

4 12 month filing deadlines O File up to 90 days before the end date of the degree program O No more than 60 days after the end of the degree program O Students who have a GPA requirement in order to graduate may choose to apply during the 60 day grace period (grades are reported by Tuesday after classes end) O Students who are missing the thesis deadline during the semester may choose to wait and apply during the 60 day grace period 2/16/2018 4

5 12 month mailing deadline O OPT application must be mailed and receipted from the USCIS Lockbox within 30 days of the date the DSO enters the recommendation for OPT in the SEVIS system O Be ready to mail your application O Verify that you have $410 2/16/2018 5

6 12 month OPT requested dates O Requested start date cannot be more than 60 days after the program end date O Requested end date cannot be more than 12 months after start date O EAD start date will be the requested date or the date of approval, whichever comes later O If approved after the requested start date- the end date will be extended to reflect the year O 14 month limit 60 day grace period + 12 months of OPT 2/16/2018 6

7 Employment Authorization Document (EAD) O The DSO recommends the OPT O USCIS authorizes employment with the approval of the EAD ( 90 to 120 days) O The EAD card authorizes employment O Official dates of employment are verified on the EAD O I-765 receipt does NOT authorize employment 2/16/2018 7

8 Employment Authorization Document (EAD) IS THIS YOUR PHOTO? What do you need to travel? 2/16/2018 8

9 Periods of Unemployment O 12 month OPT- may not accrue an aggregate of more that 90 days of unemployment O On December 6, 2015 SEVIS system changed and if there is no employment reported in 90 consecutive days the SEVIS record could be terminated. O Students must work/volunteer at least 20 hours per week to be considered employed. 2/16/2018 9

10 Periods of Unemployment O Consequences of exceeding the period of unemployment O Terminate your SEVIS record O Prior to reaching the limit of authorized unemployment prepare to transfer, change educational level, change of status, or depart the U.S. O Keep records of employment/volunteering O Record employment accurately to ISS 2/16/

11 Types of Employment O Regular paid employment (multiple employers) O Multiple short term employers (gigs) O Work of hire 1099 employment (contractual relationship) O Self-Employed prove proper licenses O Agency or consulting firm must work at least 20 hrs a week O Volunteers or unpaid internships (12 month OPT only not available for OPT STEM) must not violate any labor laws, 20 hrs of a week 2/16/

12 12 month OPT types of employment O Volunteering & Unpaid Internships O Student may work as a volunteer or unpaid intern, where this practice does not violate any labor laws O 20 hours per week O Be able to provide evidence acquired from the employer to confirm 20 hours a week of employment O Dept of Labor (Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act) 2/16/

13 Reporting Requirements O All students on OPT must report to the ISS office the following information: O Any change of name or address O Name and address of the employer O Any change of name and address of the employer O Any interruption of employment (terminated or laid off dates) O Remember the 90-day limit on unemployment 2/16/

14 Reporting Requirements O DHS has authority to terminate a student s SEVIS record if it appears that the student exceeded the limits of unemployment O Remember to report employment within the 90 days of unemployment O If SEVIS record lacks employer information student is considered unemployed O On 12/6/2015 SEVIS added separate employer fields so student s SEVIS will report each employer 2/16/

15 SEVIS Screen Add Employer O First Question: Explain how the employment is related to student s course of study O 1000 character text field O Need to explain how the student s employment with this specific employer is related to your course work O Example: I studied Management Information Systems and now work for a Software company using data mining, analytics, big data skills, and programming languages (hadoop, R, SAS) which is knowledge gained during my MS/PHD study. 2/16/

16 SEVIS Screen Add Employer 2/16/

17 Reporting Requirements O Fall 2017 (Delayed Unknown Start Date) SEVIS will begin terminating SEVIS records with Active post-completion OPT that contains 90 consecutive days without employer information 2/16/

18 Grace Period after OPT O The 60 day period is given to F-1 student after the completion of a course of study, or an authorized period of post completion OPT. O It allows the student time to prepare for departure from the U.S, apply for a transfer to another institution, request a change of level at the current school, or take steps to change status to a legal status. 2/16/

19 ISS.okstate.edu Employment OPT rules 2/16/

20 ISS Web Page iss.okstate.edu 2/16/

21 EAD Delivery Procedure O ISS will notify you by upon receipt of the EAD card. O You are personally welcome to pick up your EAD in the ISS office O The ISS will mail your EAD though eship Global if requested O E-Ship: O Create an account, enter your name, CWID, request packet from the ISS office as the sender 2/16/

22 USCIS My Case Status O Tracking your OPT Application O O O O USCIS.gov USCIS Case Status Service Online Check processing times 90 days plus National Customer Service Center 2/16/

23 H-1b Cap Gap O To Qualify for an H-1b cap-gap: O Must be a beneficiary of an H-1b petition O Filed timely (April 1) and filed for a change of status instead of consular processing O Requested a start date of October 1 O Must be in status with immigration as per the terms of the F-1 status O Continued employment while waiting on decision O Gap Cap will be terminated if H-1b application is rejected, denied, or revoked 2/16/

24 H-1b Cap Gap O SEVIS will provide an I-20 reflecting the Cap Gap notation. O F-1 status and employment authorization for this student have been automatically extended to September 30, (current year). The student is authorized to remain in the U.S. and continue employment with an expired employment authorization. O The Cap Gap I20 will be needed for renewal of the Driver s License contact ISS for the I20. 2/16/

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26 H-1b Cap Gap O End of the Cap Gap is September 30 O If H-1b petition is still pending on October contact your employer for further employer instructions O SEVP recommends that students not travel outside of the U.S. while on cap gap extension O USCIS will consider the change of status application abandoned if the applicant leaves the U.S. O If H-1b is approved and if the student has a valid EAD based on OPT during the travel time it is possible to travel in case of emergency or necessary travel 2/16/

27 CAP GAP INQUIRY 2/16/

28 To Apply for OPT O O O O O O O O O ISS will send you a link no later than Wednesday of next week. Take the Quiz from the link in the . Powerpoint presentation is available for your reference You must pass the quiz within three attempts in order to apply for OPT. Once quiz is submitted you will receive the results in an along with further instructions. If you pass, you will complete the OPT packet online. If you are in Stillwater, please bring the completed and required documents to ISS for review and OPT I20 issuance. Tell your colleagues/friends they must attend one of the OPT sessions presented in order to apply for OPT. If you are not in Stillwater and can not attend an OPT Session, please send an to Regina.Henry@okstate.edu for permission to begin the process. If you are not in Stillwater you will need to submit an eship request for receiving your OPT I-20. 2/16/

29 Questions! 2/16/

30 STEM (Science, Technology, Engineering, Mathematics) O OPT STEM Extension O 24 months O Amended regulations for OPT STEM extension begins May 10, 2016 O O 2/16/

31 STEM (Science, Technology, Engineering, Mathematics) O STEM Designated Degree Program List updated May 10, 2016 O Actuarial Science O Animal Science O Computer Science Applications O Food Science O Engineering O Engineering Technologies O Biological and Biomedical Sciences O Mathematics and Statistics O Military Technologies O Physical Sciences O Science Technologies O Medical Scientist (MS, PhD) 2/16/

32 STEM OPT O Must be engaging in an unexpired postcompletion OPT that was granted (successfully completed) a BS, MS, or PhD degree listed on the DHS STEM Designated Degree Program List O Each degree has an assigned CIP code check to see if your degree is noted as a STEM degree O STEM OPT employer must be registered in E- Verify receive a valid E-Verify client company identification number O OPT STEM is available for two-per lifetime 2/16/

33 STEM OPT Employer- Employee Relationship O Must have a bona-fide employeremployee experience O No volunteer positions O Start up businesses do not qualify for the OPT STEM option. The new training requirements and the training form has ruled out this option. 2/16/

34 STEM OPT O Must file STEM OPT in a timely manner, it is suggested to file 90 days before OPT expires but not required. O A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first. O Training Plan Form I-983 is required upload the I-983 to the ISS request form overview 2/16/

35 STEM OPT Periods of Unemployment O 24 month OPT STEM Extension are given an additional 60 days of unemployment after the 12 month initial OPT O Total of 150 days = 90 days during 12 month OPT plus 60 days during the OPT STEM Extension O Must report the termination of employment within 10 days of the event O Counting unemployment is now consecutive days 2/16/

36 STEM OPT Reporting 4 Reporting Requirements O 6-month O Student is responsible for reporting the following: Legal name, current address information, name and address of current employer, date the student began working, current employment status O If student does not report to ISS when requested within 32 days the SEVIS record will be automatically terminated as failure to report while on OPT O Student must report a valid address in Banner prior to leaving the university watch for messages from the ISS during this period 2/16/

37 STEM OPT Reporting 4 Reporting Requirements O Annual Self Evaluations - 12 months from the OPT STEM start date must complete Form I nts/document/2016/i-983.pdf O Evaluation of Student Progress O Collect the required signatures from employer and upload the I-983 to your update request on the ISS website. O The ISS will keep a copy of the form and it is suggested that you keep a copy for your records. 2/16/

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39 STEM OPT Reporting 4 Reporting Requirements O Changes in Employment Status O Termination O Departure O Submit a Form I-983 to the ISS (DSO) within10 days of the start date of the new OPT STEM employment O Complete the OPT STEM update on the ISS webpage and upload the I-983 O New I20 will be issued 2/16/

40 STEM OPT Reporting 4 Reporting Requirements O Material Changes to Form I-983 O Submit I-983 to ISS (DSO) with material changes O Change in employer s EIN O Compensation and reduction of work hours O Significant decrease in hours per week O Changes in learning objectives or employer s commitment 2/16/

41 Previously Obtained STEM Degrees O F-1 student participating in 12 month OPT based on a Non-STEM degree can use prior STEM degree for OPT STEM Extension. O Employment must be related to the previous STEM degree O Degree must be received within 10 years O ISS (DSO) must verify the prior degree 2/16/

42 Grace Period after OPT O The 60 day period is given to F-1 student after the completion of a course of study, or an authorized period of post completion OPT. O It allows the student time to prepare for departure from the U.S, apply for a transfer to another institution, request a change of level at the current school, or take steps to change status to a legal status. 2/16/

43 OPT STEM Reporting for Form I-983 Employers 2/16/

44 OPT STEM Reporting for Employers O Form I-983 Employer must implement formal training programs for the students to enhance the learning experience O Evaluation on Student Progress Annual Self Evaluation, 12 months from the OPT STEM start date. Complete Form I-983 submit to ISS (DSO) through the ISS website. 2/16/

45 OPT STEM Reporting for Employers O Material Changes to Form I-983 O Submit I-983 to ISS (DSO) with material changes O Change in employer s EIN O Compensation and reduction of work hours O Significant decrease in hours per week O Changes in learning objectives or employer s commitment 2/16/

46 OPT STEM Reporting for Employers O Changes in employment status of the student terminated, or resignation employer must report a change in employment to the DSO no later than 5 business days of termination or departure O Employer Site Visits DHS can perform site visits to review the Form I-983 to verify learning objectives O Employer Attestations The Form I-983 attests there will be sufficient resources for training, will not replace a full or part time US worker, and the compensation is similar to a US worker 2/16/

47 USCIS My Case Status O Tracking your OPT Application O O O O USCIS.gov USCIS Case Status Service Online Check processing times 90 days plus National Customer Service Center 2/16/

48 ISS.okstate.edu Employment OPT rules 2/16/

49 ISS Web Page iss.okstate.edu 2/16/

50 ISS Web Page iss.okstate.edu 2/16/

51 OPT STEM EAD Delivery Procedure O Do not move after you have mailed your OPT STEM request to USCIS O USCIS mailing is not forwarded to another address EAD will be returned O If you must change your address contact the National Customer Service number 1 (800) O There is some risk involved in changing your address 2/16/

52 OPT Packet Mailing EAD O $ Check or Money Order O Two Photos O Completed I-765 (form in packet) O Form G-1145 O I-20 Photocopy with OPT Notation O I-94 O Valid visa page (Colored copy of the visa) O Transcript or Diploma O Mail packet: Appropriate address according to your residential address 2/16/

53 Questions! 2/16/