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- What is the new deadline for applying for post-completion OPT?
F-1 students may apply for post-completion OPT up to 90 days before their program end date and up to 60 days after their program end date. The application must be properly filed with the correct USCIS Service Center. In addition, the application must be properly filed within 30 days of the date the student’s DSO recommends OPT in SEVIS.
- What are the limits on periods of unemployment?
Students on post-completion OPT may have up to 90 days of unemployment.
Students who have OPT extended due to the cap gap provisions continue to accrue unemployment time and are subject to the 90-day limitation on unemployment.
Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period.
- Do the limits on unemployment apply to any periods of unemployment prior to April 8, 2008?
No, the limits on unemployment do not apply retroactively.
- Do the limits apply to students who had post-completion OPT approved before April 8, 2008?
For students who started post-completion OPT prior to April 8, 2008, unemployment time will accrue only for time spent unemployed after April 8, 2008. Time unemployed prior to April 8, 2008, will not be counted.
- What counts as time unemployed?
Each day during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job will not be included in the calculation for time spent unemployed.
- What types of employment are allowed for regular pre- and post-completion OPT?
All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program.
For students who are not on a STEM extension, this employment may include:
Paid employment.
* Students may work part time (at least 20 hours per week when on post-completion OPT) or full time.
* Multiple employers. Students may work for more than one employer, but all employment must be related to the
student’s degree program and for pre-completion OPT cannot exceed the allowed
per week cumulative hours.
* Short-term multiple employers (performing artists). Students, such as musicians and other performing artists may
work for multiple short term employers (gigs). The student should maintain a
list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing
a list of all gigs.
* Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based
on a contractual relationship rather than an employment relationship. If
requested by DHS, students must be prepared to provide evidence showing the duration of the 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. In this situation, the
student must work full time. The student must be able to prove that he or she
has the proper business licenses and is actively engaged in a business related to the student’s degree program.
* Employment through an agency. Students on post-completion OPT must be able to provide evidence showing they
worked an average of at least 20 hours per week while employed by the
agency.
Unpaid employment.
* Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at
least 20 hours per week for students on post-completion OPT. These
students must be able to provide evidence from the employer that the student worked at least 20 hours per week
during the period of employment.
- How do students show that employment is directly related to their degree program?
SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager, and a description of the work.
If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the employer’s hiring official, supervisor, or manager stating how the student’s degree is related to the work performed.
- What is the effect on a student’s status if the student exceeds the period of unemployment?
A student who has exceeded the period of unemployment while on post-completion OPT has violated his or her status unless he or she has taken one of the following actions:
* Applied to continue his or her education by a change of level or transferring to another SEVP-certified school
* Departed the United States
* Taken action to otherwise maintain legal status
- How will DHS enforce this provision?
Students may be denied future immigration benefits that rely on the student’s valid F-1 status if DHS determines that the student exceeded the limitations on unemployment.
Additionally, ICE/SEVP may examine SEVIS data for an individual, a selected group, or all students on post-completion OPT and terminate a student’s record if it fails to show the student maintained the proper period of employment. In such cases, the student will be given an opportunity to show that he or she complied with all OPT requirements, including maintaining employment.
- Who is eligible for the STEM extension?
F-1 students who completed a bachelor’s, master’s, or doctoral degree in a STEM field and are currently engaged in post-completion OPT may apply for the STEM extension if they have a job or job offer from an E-Verify employer.
- Is the extension available to students who completed their post-completion OPT prior to April 8, 2008?
No. The eligibility is not retroactive.
- What is a cap gap extension?
Under the new rule, the cap gap extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the date the student becomes eligible for the extension, the student’s post-completion OPT is also automatically extended.
- Will students receive personal notification when they have a cap gap extension?
Students will not automatically receive notification when they have a cap gap extension. Students must request a Form I-20 from their immigration advisor showing the period of the extension. In some cases, students may need to notify their advisor they are eligible for the extension.
- How can I learn more about these new OPT rules and regulations?
Visit regularly the Texas State University International Office website for updates. You can also visit the SEVP website at http://www.ice.gov/sevis/index.htm
05-06-08 Seventeen Month Extension of OPT for F-1 STUDENTS W ith a STEM Degree FAQ >>>
- Who is eligible for the STEM extension?
F-1 students who completed a bachelor’s, master’s, or doctoral degree in a STEM field and are currently engaged in post-completion OPT may apply for the STEM extension if they have a job or job offer from an E-Verify employer.
- Is the extension available to students who completed their post-completion OPT prior to April 8, 2008?
No. The eligibility is not retroactive.
- Can a student qualify for the STEM extension based on the student’s minor?
No.
- Can a student who has previously earned a degree in a STEM field and has now earned a non-STEM degree apply for the extension?
No. The STEM extension must be based on the same degree as the post-completion OPT.
- What is the fee for the application for the STEM extension?
The fee is the current amount for filing a Form I-765, Application for Employment Authorization, as listed on the USCIS Web site. At the time this information was posted, the fee was $340.
- Is there a resource list of employers who are enrolled in the E-Verify program?
No, there is no public list of employers enrolled in E-Verify.
- What does the student need to know about the employer in order to complete the Form I-765 when applying for the STEM extension?
The student must have the employer’s name as listed in E-Verify and the employer’s E-Verify company identification number or a valid E-Verify client company identification number. This information must be listed in item 17 of the Form I-765.
- Can the student change employers while the STEM extension application is pending?
Yes. However, if the STEM extension period has started, the employer must also be an E-Verify employer.
- What are the student’s responsibilities while on STEM extension OPT?
Students pursuing a period of STEM extension OPT must:
* Work in a paid position for an E-Verify employer at least 20 hours per week
* Work in a position related to the STEM degree
* Report to their DSO within 10 days of:
Legal name changes
A change in residential or mailing address
Changes in employer, giving the employer name and employer address
Loss of employment
* Send the DSO a validation report every six months starting from the date the STEM extension starts and ending when the student’s F-1 status ends or the STEM extension ends, whichever is first. The validation report must include the student’s:
Full legal name
SEVIS identification number (if requested by the school)
Current mailing and residential address
Name and address of the current employer
Date the student began working for the current employer
* Students pursing a period of STEM extension OPT must not:
Work in a paid position for any employer that is not an E-Verify employer
Have more than 120 days of unemployment time during the entire period of post-completion OPT (regular post-completion OPT and STEM extension OPT).
- How can I find more information about the OPT extension?
Visit the Texas State International Office website at International Office News as new information will be posted as available. Also you can visit the SEVP website at http://www.ice.gov/sevis/index.htm
If you are not an F-1 student on OPT, the information contained in this message does not yet concern you.
Nonetheless, you may still find the information useful for future reference.
This message contains information about two important issues that affect to those on OPT:
1) Requirements for reporting their location address and employer information while on OPT
2) OPT extensions
ITEM 1: Reporting your location address and employer information while on OPT
The Student and Exchange Visitor Program (SEVP), within the Department of Homeland Security, has recently requested that schools ensure the accuracy of certain information in SEVIS for all students on OPT. To comply with this latest DHS request, those on OPT must report certain information using the New OPT Change of Personal Data form.
Those in F-1 status are required to report changes in their location address within 10 days of any move, and this requirement includes the period while they are on OPT. The address reported must be a current location/living address and not a P.O. Box number.
While on OPT, those in F-1 status are also required to report their OPT employer’s name and address. Again, the address reported must be the employer’s location address and not a P.O. Box number. When reporting an employer’s name, if working for a company, the name of the company must be reported (not the name of the supervisor). Those who are unemployed must report this also.
This reporting requirement is ongoing. After the initial report, it is important to continue to maintain this information up to date. During OPT, those in F-1 status can continue to report changes in address, changes in employment or temporary unemployment by using the attached new form. This new form is not yet available online, so only the attached form should be used by those on OPT.
Those not on OPT should not use the attached form.
Those on OPT should review the grid below to determine the situation that matches their circumstances. They must report OPT information by submitting the attached form to the International Office by one of the following methods:
-
Email: The fastest and most preferred method of submitting this form is by email attachment to International@txstate.edu, making sure to put “OPT Reporting” in the subject line.
- Fax: The form can also be sent fax to 512-245-8264.
- Post: Those who choose to use the postal service should address the envelope as follows:
OPT Reporting
Dr. Robert Seese, Director
International Office-Hill House
601 University Drive
San Marcos, Texas 78666
(Make sure that the words “OPT Reporting” appear first in the address line.)
| | Situation | Information |
| 1 | Employed by one employer | Check the corresponding box on the form. Provide employer’s name and address. |
| 2 | Employed by multiple employers | Check the corresponding box on the form. List all employer’s names and addresses, indicating which employer is the primary employer. |
| 3 | Self-employed | Check the corresponding box on the form. Give the business address, which can be the same as one’s personal address. |
| 4 | Students with performing arts degrees who have multiple short-term jobs (gigs) | Check the corresponding box on the form. Follow instructions on the form by sending us a list of new gigs on a regular basis. If working for an agency, indicate the agency as the employer and list the agency’s address. |
| 5 | Not currently employed | Check corresponding box on the form. |
| 6 | Returned to home country with no current plans to return to the U.S to pursue OPT. | Check the corresponding box on the form. Indicate the date of departure from the U.S. as instructed on the form. |
| 7 | Returned to home country with plans to return to the U.S. by (indicate date) to resume OPT. | Check the corresponding box on the form. Indicate date as instructed on the form. |
| 8 | In the U.S. and no longer an F-1 student | Check the corresponding box on the form. Supply a copy (scanned or faxed) of I-797 Notice of Action that indicates current immigrant or non-immigrant status. |
ITEM 2: OPT Extension
OPT Interim Final Rule: On April 8, 2008, the Department of Homeland Security published an interim final rule that changes several key aspects of F-1 optional practical training (OPT).
Three Key Provisions*
- OPT extension to 29 months for Science, Technology, Engineering, and Math (STEM) students. The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM degree holders.
- Limit on period of unemployment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total OPT period comprising any post-completion OPT carried out under the initial post completion OPT authorization and the subsequent 17 month extension period.
- H-1B cap-gap extension of “Duration of Status” (D/S) and work authorization until October 1. Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students.
*As of the date of this message there is NO further information, and there are NO operating instructions, related to the extension application process and other key provisions of the rule.
We will email you when further information and operating instructions have been provided to us.
Also please frequently check our website for the latest information for Texas State international students on OPT.
Robert M. Seese, Ed. D.
Director, International Office
Texas State University-San Marcos
Although this message is intended for those in F-1 status, we are sending it to all international students, to make sure it reaches those who are not yet in F-1 status but who are in adjustment to F-1 status or soon will be. If you believe this message is not relevant to your situation, please disregard it.
There are two categories of Optional Practical Training (OPT) applicants. Please read carefully to determine whether you fit into either category.
Category 1) F-1 students who plan to complete their degree program requirements early, before May 2008, and plan to apply for OPT
Those in this category may need to schedule an OPT appointment very soon.
Examples of early completion dates include those taking no courses and taking only the computer science/software engineering comprehensive exam or mass communication exam this semester. In these cases, the program completion date is thirty days after the exam date. Also, for those completing a thesis, the program completion date varies as determined by the student’s academic department. The department may consider the completion date to be the date the thesis was submitted. They may, on the other hand, consider the completion date to be the day the student later receives the results of the thesis review. If you are completing a thesis, please schedule an appointment with an International Office advisor to discuss your actual completion date and to find out your OPT application deadline. If you have recently taken or will soon take your comprehensive exam, and you are taking no courses this semester, it is very important that you call our office to schedule an OPT application appointment as soon as possible.
You must call at least 7 days before your scheduled completion date to insure that your OPT application can be received by the Department of Homeland Security (DHS) before your completion date. Note that your program completion is not the same as your graduation ceremony date, which often occurs after the actual program completion date, especially in the case of those who complete their program before May. DHS must receive your OPT application before your actual program completion date. DHS will reject OPT applications received after a student's degree program has been completed.
Category 2) F-1 students who plan to complete their degree program requirements in May 2008 and plan to apply for OPT.
Appointments for those in this category will begin on Monday, March 3. The appointment deadline is Friday, April 18.
If you will complete your degree program requirements in May 2008, and you want to participate in OPT afterward, you must have an OPT appointment with our office within the timeframe specified above. Note that your program completion is not the same as your graduation ceremony date, which often occurs after the actual program completion date. The Department of Homeland Security (DHS) must receive your application before your program completion date. DHS will reject OPT applications received after a student's degree program has been completed.
STEPS TO TAKE BEFORE AND DURING YOUR OPT APPOINTMENT
1) Read the basic OPT instructions at International Office Web . Click through on the link that says “Read more” for further instructions and to download the components of the packet, or pickup a paper packet at our office.
2) Make sure you correctly prepare all items listed on the OPT packet appointment checklist. Missing, incomplete, or incorrect documentation can delay the processing of your application and could cause your application to be rejected by DHS, forcing you to begin the process anew. Pay very special attention to the detailed photo instructions at OPT Photo Instructions.
Call our reception desk at 245-7966 a minimum of five working days before the date you would like the OPT appointment to be scheduled. The time of the semester when we have OPT appointments is very busy.
During the appointment, the advisor will review the contents of the OPT packet you have prepared, help you determine the best OPT beginning date for your situation, create a new OPT I-20. Then we’ll mail your application packet to DHS for processing.
DHS processes most applications in four to six weeks, but it can take more or less time. It is wise to start planning for your OPT appointment as soon as possible rather than waiting until the deadline. The closer you get to your degree program completion date without applying, the greater your risk of not getting your OPT card before your chosen OPT beginning date.
Please call us if you have any questions.
International Office-Hill House
Texas State University
512-245-7966
04/08/2008 New Interim Rule: Extending OPT period and Expanding Cap Gap Relief for HIB Petitions >>>
The U.S. Department of Homeland Security (DHS) released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. Also in this interim rule, F-1 classified nonimmigrant students whose employer has filed an H-1B petition on their behalf and whose petition is selected, may now receive an extended/authorized stay for employment. For more information visit the NAFSA website.
The International Office will provide additional information on this new rule as information is made available by DHS. Visit our website regularly for more updates.
Although this message is intended for those in F-1 status, we are sending it to all international students, to make sure it reaches those who are not yet in F-1 status but who are in adjustment to F-1 status or soon will be. If you believe this message is not relevant to your situation, please disregard it.
There are two categories of Optional Practical Training (OPT) applicants. Please read carefully to determine whether you fit into either category.
Category 1) F-1 students who plan to complete their degree program requirements early, before May 2008, and plan to apply for OPT.
Those in this category may need to schedule an OPT appointment very soon.
Examples of early completion dates include those taking no courses and taking only the computer science/software engineering comprehensive exam or mass communication exam this semester. In these cases, the program completion date is thirty days after the exam date. Also, for those completing a thesis, the program completion date varies as determined by the student’s academic department. The department may consider the completion date to be the date the thesis was submitted. They may, on the other hand, consider the completion date to be the day the student later receives the results of the thesis review. If you are completing a thesis, please schedule an appointment with an International Office advisor to discuss your actual completion date and to find out your OPT application deadline. If you have recently taken or will soon take your comprehensive exam, and you are taking no courses this semester, it is very important that you call our office to schedule an OPT application appointment as soon as possible.
You must call at least 7 days before your scheduled completion date to insure that your OPT application can be received by the Department of Homeland Security (DHS) before your completion date. Note that your program completion is not the same as your graduation ceremony date, which often occurs after the actual program completion date, especially in the case of those who complete their program before May. DHS must receive your OPT application before your actual program completion date. DHS will reject OPT applications received after a student's degree program has been completed.
Category 2) F-1 students who plan to complete their degree program requirements in May 2008 and plan to apply for OPT.
Appointments for those in this category will begin on Monday, March 3. The appointment deadline is Friday, April 18.
If you will complete your degree program requirements in May 2008, and you want to participate in OPT afterward, you must have an OPT appointment with our office within the timeframe specified above. Note that your program completion is not the same as your graduation ceremony date, which often occurs after the actual program completion date. The Department of Homeland Security (DHS) must receive your application before your program completion date. DHS will reject OPT applications received after a student's degree program has been completed.
STEPS TO TAKE BEFORE AND DURING YOUR OPT APPOINTMENT- - - -
1) Read the basic OPT instructions at international office web. Click through on the link that says “Read more” for further instructions and to download the components of the packet, or pickup a paper packet at our office.
2) Make sure you correctly prepare all items listed on the OPT packet appointment checklist. Missing, incomplete, or incorrect documentation can delay the processing of your application and could cause your application to be rejected by DHS, forcing you to begin the process anew. Pay very special attention to the detailed photo instructions at http://travel.state.gov/passport/guide/download/download_884.html
3) Call our reception desk at 245-7966 a minimum of five working days before the date you would like the OPT appointment to be scheduled. The time of the semester when we have OPT appointments is very busy.
4) During the appointment, the advisor will review the contents of the OPT packet you have prepared, help you determine the best OPT beginning date for your situation, create a new OPT I-20. Then we’ll mail your application packet to DHS for processing.
DHS processes most applications in four to six weeks, but it can take more or less time. It is wise to start planning for your OPT appointment as soon as possible rather than waiting until the deadline. The closer you get to your degree program completion date without applying, the greater your risk of not getting your OPT card before your chosen OPT beginning date.
Please call us if you have any questions.
International Office-Hill House
Texas State University
512-245-7966
This is an important notice regarding US federal income tax law for those of you in non-immigrant status who lived in the US in 2007.
ALL international students & scholars in F and J status and H-1 temporary workers who lived in the US in 2007 are required to file a federal tax return with the Internal Revenue Service (IRS). This applies even to those who did not have a job in 2007, even if they had no job and $0 income.
To assist you, we have purchased a license for access to an online non-immigrant income tax preparation software program called CINTAX. You can first visit the International Office tax assistance web page. At the bottom of that page, you will also find important information about what documents you will need to have on hand to prepare your taxes as you use CINTAX. To avoid confusion and complications, we strongly recommend gathering your documents as instructed before accessing CINTAX.
To access the CINTAX web site, at the top of the International Office tax assistance web page, click the CINTAX link where it says, “Click here.” You will be directed to a page entitled “Authentication for CINTAX service,” where you must login with your Texas State User ID. After logging in, click on “Continue to CINTAX.” You will be directed to the CINTAX website. Follow the step-by-step instructions provided there.
If you have questions about CINTAX service or software, you must contact the CINTAX Support Center at support@cintax.us. Please do not contact the International Office about CINTAX.
If you have questions about being an international taxpayer, we suggest you check the IRS webpage entitled “International Taxpayer.” There is a special link on that page entitled “Foreign Students and Scholars” which may also be of help to you.
The International Office is unable to answer any questions about the ever-changing, specialized field of federal income tax. Please do not contact the International Office about issues related to being an international taxpayer.
We hope your tax filing is fast and smooth!
Sincerely,
International Office
Texas State University-San Marcos
512-245-7966
The International Office at Texas State University-San Marcos is proud to announce the launch of its website www.international.txstate.edu The site is intended to provide international students with up-to-date information at their fingertips. As you surf around the site you will find important information you will need to know about Texas State University-San Marcos from an international student’s perspective. Also keep an eye on the homepage which provides you with up-to-date news and information about key regulation changes and important information regarding F-1 and J-1 student status.
We are considering a few more additions to the site in the second phase to provide on-line capabilites for (1) international office appointment scheduling and (2) more electronic student requests, so keep an eye on these developments. In the meantime please feel free to tell us what you think about the site by using our online facility or e-mailing us at international@txstate.edu. Don't forget to update your previous bookmarks on the internatonal office web addresses to link to our new web address at www.international.txstate.edu
The Department of Homeland Security (DHS) will change the fee structure for processing certain immigration forms effective July 30, 2007. Of special note are the following changes:
Change of Status/ Reinstatement (Form I-539), Currently $200, Will change to $300
OPT Employment Authorization (Form I-765), Currently $180, Will change to $340
The entire new fee chart is available here