General Information for 12 Month OPT
Instructions for 12 months of OPT
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Completion or Graduation Date Changes
If you failed to complete the graduation requirements specified in the final semester verification you need to contact the ISS immediately. If the student has filed for the EAD and it has not been approved by the USCIS, the student may request a withdrawal of the EAD application. The ISS must also update the SEVIS record. If the EAD has been approved by USCIS, the ISS must extend the student’s SEVIS record to reflect the appropriate date of completion. The student may only work part-time while enrolled in classes to complete the requirements for the degree or full-time during breaks and vacations. After the successful completion of the degree requirements, the student may work full-time. Since the OPT was granted, the student is subject to the 90 day unemployment limitation. This error in applying for OPT would cause the student to completely lose OPT. Now that immigration allows a student to apply for OPT in the 60 days after the date of completion or graduation it is strongly suggested that you wait to apply for OPT if you have any doubt about the completion of your education.
Filing Deadlines for Initial OPT Applications
A student will be able to file the OPT application 90 days prior the end date of the degree program, and up to 60 days after the end date of the degree program. However, the application for OPT must be submitted to the USCIS Service Center within 30 days of the date the DSO enters the recommendation for OPT into the SEVIS record.
Students who have issues with a specific G.P.A in order to graduate may choose to apply for OPT after the grades have been reported. The regulations will allow you to make this choice in order to protect your immigration status.
Beginning and Ending Dates of Post-Completion OPT
The start date of OPT will be the requested date at the time of filing or the date of EAD approval, whichever comes later. If the student applies at the end of the 60 day grace period the date of approval may not extend more than a total of 14 months from the student’s program end date.
Employment Allowed While on OPT
All OPT employment must be in a job that is related to the student’s degree program. This employment may include:
- Paid employment – Students may work part-time (20 hours per week) or full-time
- Multiple employers – Students may work for more than one employer, but all employment must be in the student’s degree program
- Short-term multiple employers – performing artists – Students must keep a list of gigs, the dates and duration.
- Work of hire- 1099 employment which an individual performs a service based on contractual relationship. Students must be a list of contract periods and the name and address of the contracting company.
- Self-employed business owner – Students on OPT may start a business and be self-employed. Student must work full-time and be able to prove the proper business licenses and engaged in business related to student’s degree program.
- Employment through an agency – Students must provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.
- Unpaid employment – Student may work as volunteers or unpaid interns. The position must be at least 20 hours a week and it is suggested that you obtain a letter from the employer for evidence of the volunteering.
Limits Periods of Unemployment During OPT
Students on post-completion OPT may not accrue an aggregate of more than 90 days of unemployment under the initial 12-month period of OPT. The only exception is the periods up to 10 days between the end of one job and the beginning of the next job will not be included in the time spent unemployed.
The DSO must report the unemployment dates in SEVIS. Students who have exceeded the 90 days of unemployment while on OPT have violated their status. It is essential that the student update all employment periods in SEVIS by contacting the ISS. If the student’s record is not updated ICE/SEVP can terminate the SEVIS record if the record looks as if the student has exceeded the unemployment periods.
Traveling outside of the U.S. does impact the period of unemployment. If the student is out of the U.S. while unemployed the days spent outside the U.S. will count against the 90 day unemployment limit.
Reporting Requirements for Students While on OPT
All students on OPT must report to the OSU International Students and Scholars office the following information:
- Any change in name or address
- The start date of employment
- The name and address of the employer
- Any change to the name and address of the employer
- The start date of the new employment
- Any unemployment periods of time
- Any volunteer positions
You must report your company information upon the start date of the employment and any changes with your employment. You may send the update to this web link: http://union.okstate.edu/iss/OPTupdate.htm and the ISS will update your SEVIS record. It is your responsibility as a student to confirm that your SEVIS record is up to date. You are welcome to contact the ISS to verify your student status in SEVIS.
