12-Month Standard Optional Practical Training

Frequently Asked Questions (FAQ) about 12-Month Standard OPT

Q: What is 12-month standard optional practical training?

A: 12-month standard OPT is an opportunity for international students in F-1 status to participate in professional, temporary employment directly related to their major area of study following the completion of study.

Q: Who is eligible for 12-month standard OPT?

A: Students who are in F-1 status and have been enrolled full-time for at least one full academic year are eligible for 12-month standard optional practical training.

Q: When can I apply?

A: You can apply for 12-month standard OPT up to 90 days before your program end date or up to 60 days after you program end date.  However, OISS strongly encourages you to apply for 12-month standard OPT before your program end date. 

Q: Do I need a job offer in order to apply?

A: No. Unlike CPT, you do not need a letter from an employer in order to apply. However, there are new limits on periods of unemployment, read next question.

Q: What are the limits on periods of unemployment during my 12-month standard OPT?

A: Starting on April 8, 2008, students on 12-month standard OPT may have up to 90 aggregate days of unemployment.  If you accrue more than 90 aggregate days of unemployment during your 12-month standard OPT you will be considered "out of lawful F-1 immigration status" 

Q: What counts as time unemployed?

A: Each day during your 12-month standard OPT where you do not have a 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 your next job will not be included in the calculation for time spent unemployed.

 Q: How does travel outside of the U.S. impact the period of unemployment?

 A: If you are on an approved 12-month standard OPT and you decide to travel outside of the U.S. while unemployed, your time spent outside of the U.S. will count as unemployment.  If you travel outside of the U.S. while you are employed either during a period of leave authorized by an employer or as part of your employment, the time spent outside the U.S. will not count as unemployment.  

 
Q: How do I apply for OPT?

A: 

1. Read our 12-month standard OPT information and FAQ's.
2. Follow the “Instructions for Filing Form I-765 with immigration” enclosed in the packet, and complete form I-765.
3. When the forms are completed, make an appointment for an OPT application session with an OISS advisor by calling 651-962-6650.

Bring the following items to your appointment:

• the completed I-765 form
• your current I-20 form and all previous I-20 forms
• your valid passport
• your most recent form I-94 (the white arrival card)
• a check or money order made out to 'U.S. Citizenship and Immigration Services' for the amount $340.00 (as of 07/30/07). 
• two color photos with a white background taken no earlier than 30 days before application submission. (see Instructions for Filing) 
• the 12-Month Standard OPT Recommendation Form signed by you and your Academic Advisor

Q: Can I go in person to an immigration office to apply for 12-month standard OPT?

A: No. 12-month standard OPT applications must be submitted to USCIS by mail, as the instructions in this packet indicate. (An OISS Advisors recommends that the F-1 student is eligible to apply for 12-month standard OPT and USCIS approves your 12-month standard OPT application)

Q: When can I start to work under 12-month standard OPT?

A: You can begin your employment when you have received your EAD card and the beginning date of employment authorization (shown on the EAD) has arrived. 

Q: Does 12-month standard OPT employment need to be paid?

A: No. However, your unpaid employment must be at least 20 hours per week.  You must be able to provide evidence from your employer that you worked at least 20 hours per week during the period of your unpaid employment.  In addition, your unpaid employment must be related to your major field of study.

Q: Does 12-month standard OPT employment have to be full-time?

A: No.  Students may work part-time (at least 20 hours per week) or full-time.

Q: What's the difference between 12-month standard OPT and Curricular Practical Training (CPT)?

A: CPT permits employment before completion of required coursework, whereas 12-month standard OPT follows completion of studies. CPT requires the offer of a specific job, whereas OPT does not.

Q: If I was authorized for CPT, am I still eligible for 12-month standard OPT?

A: Yes, as long as you did not have full-time CPT for 12 months or more.

Q: Can I take classes if I have 12-month standard OPT?

A: Perhaps. If you have graduated and have 12-month standard OPT, regulations allow you to take classes informally, as long as you maintain your 12-month standard OPT employment. However, if you begin a new course of study in a higher degree level, this will automatically cancel your 12-month standard OPT authorization. Check with the school you will be attending, if not St. Thomas, to learn about the school’s policy concerning the specifics of this issue.

Q: Can I change employers if I have 12-month standard OPT?

A: Yes. However, your new employment needs to relate to your major field of study and you must report to OISS within 10 days of a change regarding the following information:

1.  Legal Name
2.  Residential Address
3.  Employer Name
4.  Employer Address
5.  If you have a new employer or will end your current employer

Q: Can I travel outside the U.S. if I have 12-month standard OPT?

A: In order to re-enter the U.S. after you have applied for 12-month standard OPT, you must have your I-20 signed by an advisor within the last six months, a valid F-1 visa, a valid passport and your EAD. It is also wise to carry a letter from your employer, confirming that you are working under the terms of 12-month standard OPT employment. If you leave the U.S. before you receive your EAD card, you could potentially be denied re-entry to the U.S. The EAD card alone is not valid for re-entry into the U.S.  OISS strongly encourages any student who wishes to travel outside of the U.S. to meet with an OISS advisor before departing the U.S.

Q: Is 12-month standard OPT a different visa?

A: No. A student with 12-month standard OPT authorization is an F-1 student holding an EAD for OPT. You still need an OISS advisor signature on your I-20 if you want to re-enter the United States during your time on 12-month standard OPT. The OISS advisor signature should be no more than six months old at the time you re-enter.

Q: How long can I stay in the United States after my 12-month standard OPT expires?

A: Sixty days.

Q: Can I return to school after completing 12-month standard OPT?

A: Yes. You need to obtain an I-20 for the new program of study, and complete the immigration procedure for moving to a "new level of study" (if you resume studies at UST) or the procedure for school transfer (if you go to a different school). Students on 12-month standard OPT who intend to continue in F-1 status must be admitted to a new academic program and obtain an I-20 before the 60th day following the end of your OPT. Please note that if you transfer to a new school, you are allowed to remain in the U.S. for up to 5 months between the time your 12-month standard OPT ends and the new program of studies is to begin as long as you have already received your new I-20; if the time period is greater than 5 months, you will be required to leave the U.S. and can only re-enter within 30 days of the start of your new program of study.

Q: If I have 12-month standard OPT for a year and return to school for another degree, can I have another year of OPT?

A: You will be eligible for another year of 12-month standard OPT if your new degree will be at a HIGHER level of study. For instance, if you obtained a Master’s degree, did 12 months of OPT, then enter a PhD program, you will be eligible for another 12 months of OPT following the PhD program. You are not eligible for 12-month standard OPT after a second Master’s degree.

Q: If I apply for 12-month standard OPT and then decide not to use it, can I get my OPT time back?

A: If the USCIS has not yet approved your EAD application at the time you decide you do not want your 12-month standard OPT, you may request to withdraw your application. If your 12-month standard OPT application has been approved, you might not recover unused portions of your 12-month standard OPT if you cancel it. Please talk with an OISS advisor or make an appointment by telephoning 651-962-6650.


Q: Must I remain in contact with the OISS while I am participating in authorized 12-month standard OPT?

A: Yes!  You will need to notify us within 10 days if any of the following changes occur:

1.  Legal Name
2.  Residential address (post office box not acceptable)
3.  Employer Name
4.  Employer Address
5.  Termination of 12-month standard OPT employment, which includes employment that ends because the EAD expires, changing to another employment status such as H-1B, or employment that ends for any other reason.

12-Month Standard Optional Practical Training Recommendation Forms

Download the PDF file here:

Instructions for filing Form I-765 with the Immigration

(This information substitutes for USCIS instructions, which accompany Form I-765.)

Purpose of the Application:
Certain non-immigrants may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). The EAD is evidence that the bearer is authorized to work in the United States. The USCIS adjudicates a request for employment authorization by determining whether an applicant (1) is eligible, and (2) has submitted the required information and documentation.

Changing 12-month standard OPT starting and ending dates:
When you meet with the OISS advisor, he/she will submit into SEVIS the 12-month standard OPT starting and ending dates you request. Once this request is submitted, it is very difficult for the OISS advisor to change the start and end dates. Instead OISS must contact the SEVIS Help Desk and ask them to cancel the incorrect dates – a process that can take up to two months or more to complete! OISS is unable to issue a new I-20 with new dates until the old dates have been cancelled, which could significantly delay your 12-month standard OPT application process. In other words, you need to be very certain of the starting and ending dates that you want us to use. If you have any uncertainties about the dates, discuss it with the OISS advisor during your appointment.

Required Documentation:

• Form I-765 (See sample I-765 with instructions)
  
• Copy of I-20 that you will receive during the 12-month standard OPT application session with an OISS advisor,
  
• A copy of your MOST RECENT Form I-94, front and back (make sure the red stamp is visible on the copy)
  
• Two "natural color" photos with a white background taken no more than 30 days before submission to the USCIS. They should be unmounted; printed on thin paper; glossy; and unretouched. They will only accept color full-frontal photographs. Click here for complete guidelines regarding photos.
  The photo should be no larger than 2 x 2 inches with the distance from the top of the head to just below the chin about 1 ¼ inches. (This is the same type of photo required for a green card; it is different from a passport photo.) Lightly print your name and your eleven-digit I-94 admission number on the back of each photograph with a pencil. (You can have these photos taken at Auxiliary Services, 257 Murray Herrick Center. The cost is $10.00 for two photographs. You will receive your photographs immediately.)
  
• A copy of BOTH your unexpired passport photo page AND your most recent U.S. visa. 
  
• A copy of your previous EAD, if you have ever had one before. 

Fee:
The cost of filing the I-765 is $340.00 (as of 07/30/07). Personal checks or money orders must be in the exact amount and payable to "U.S. Citizenship and Immigration Services." Personal checks are preferable to money orders, because they can more easily be traced in case of problems. Please do not post date checks, as your application will be returned.

Where to File:

Note: OISS will mail your 12-month standard OPT application for you and we will send you an email to your UST email account each time we receive something from immigration concerning your 12-month standard OPT application. This will include acknowledgments of receipts and the EAD itself.

In the event that there is a delay in the processing of your application, OISS will have photocopies of your application and the U.S. Postal Service certified mail return receipt so you can apply for a temporary EAD.

Processing Information:

The Nebraska Service Center prefers to receive envelopes with the contents in this order: 

1. $340.00 check or money order payable to 'U.S. Citizenship and Immigration Services'
2. Two photographs (see instructions above); place in a plastic, zip lock bag
3. Form I-765
4. Photocopy of Form I-20 recommending Optional Practical Training (don’t send original)
5. Photocopies of all previous Form I-20’s including endorsement page showing any previous OPT recommendations
6. Photocopies of any previous Employment Authorization Documents
7. Photocopy of Form I-94 (both sides, don’t send original)
8. Photocopy (clear and distinct) of passport identity page and most recent visa. 

When your application is accepted for processing, immigration will send Form I-797 Notice of Action to OISS, which our office will open and scan into your records, so we have a record of your application and its file number. You can pick up the original I-797 notice anytime after we have scanned it. 

Decision on Your Application:

If your application is approved, your EAD will be mailed to the OISS office and we will contact you once it arrives.

In the very unlikely event that your application cannot be granted, you will receive an explanation for the denial. 

Processing Time:

If an EAD application has been in process for more than 90 days after the receipt date on your I-797 and no decision has been made, the applicant can apply directly to the immigration local district office in Bloomington MN for a temporary EAD. If you do not receive your EAD within 90 days of the date your Notice of Action gives as the "Received Date," contact an OISS advisor.

Guide for completing Form I-765

Download the PDF file here:

If you are having trouble printing the required fields: in the Print menu under "Print What:" select "Document and Comments". Click here for a picture.

Form I-765

Download the PDF file here:

If you are having trouble printing the required fields: in the Print menu under "Print What:" select "Document and Comments".

What do I need to know AFTER I apply for 12-month standard OPT

Now that you have begun the process to apply for an Employment Authorization Document (EAD), what do you need to remember? Keep this information for your files!

A Record of Your Application

• We will mail your 12-month standard OPT application via certified mail with a return receipt requested. This means the USCIS must sign a special green postcard showing they received your application, and the postcard should be returned to you within 7-10 days. If you decide to mail in your 12-month standard OPT application, the Post Office will also give you a special green and white receipt with a special tracking number on it; keep this receipt, because you will need the tracking number if you do not get the green receipt postcard back in 7-10 days. If you wish, it’s OK to list your home address on the green receipt card, even if you are listing OISS as the address to which your EAD will be mailed. But be sure to keep the card, as it could be the only proof that immigration received your application.
• About 3-4 weeks after your application has been mailed,  you should get a special receipt letter from immigration called a Notice of Action. Remember to keep this letter, since it will contain a special number beginning with the letters “LIN....” that refers to your specific application. If you do not receive the Notice of Action after 5 weeks, please notify OISS.
• The Notice of Action also has a phone number that you can call to check on the status of your application. This number is generally busy during the day, so you may have more success getting through late at night. You now also have the option of checking online here. To do so you must have the LIN number from your Notice of Action.

Traveling

• F-1 students can leave and re-enter the U.S. if their 12-month standard OPT application is pending. This means, F-1 students may travel BEFORE their 12-month standard OPT is approved.  Any time a F-1 student leaves the U.S. OISS strongly encourages the student to meet with an OISS advisor before they depart the U.S. You can check if your 12-month standard OPT has been approved on this immigration website.
• F-1 students who plan to travel and re-enter the U.S. after traveling abroad for pleasure or personal business should hand-carry the following documents:
  • A current I-20 endorsed for travel on page 3 by a DSO (OISS advisor)
  • You have been out of the United States for less than five months
  • A current passport valid for at least six months after the date of your re-entry
  • A valid, current visa or you traveled to a contiguous country or adjacent island for less than thirty days (see the OISS website for a list of these countries/islands)
  • Financial information showing proof of necessary funds to cover expenses listed on your I-20
  • Job offer letter and 12-month standard OPT EAD card

Health Insurance

• Although for immigration purposes you will continue to be in F-1 status while engaging in 12-month standard OPT, your status, as an actual University of St. Thomas “student” will end with graduation.
• This means that your University health insurance coverage will end with the last day of the month in which you graduate unless you notify OISS.
• Feel free to consult the OISS at any time to clarify when your UST coverage will end, how to extend your UST health insurance coverage, etc.

Employment

• Remember that you are not eligible to begin working until you have received the EAD card and the start date on the EAD card has arrived. Your employment must end by the end date listed on the EAD card.

Getting the EAD

• Since you used the OISS address, as your mailing address for your application, both the Notice of Action and the EAD card will be sent to OISS. We will then send you an email to let you know the document has arrived, so please be sure we always have your current email address on file. In the email we will ask you to pick up the card if you are in the Twin Cities area, or to verify your mailing address if you have moved away from the Twin Cities area. We will then mail the card to you by certified mail with return receipt. 

No EAD After 90 Days

• If 90 days has passed after the Received Date listed on the Notice of Action, it may be possible for you to go to an immigration District Office to obtain a temporary EAD if you need to begin working immediately.
  
  In order to receive a temporary EAD card you will need to schedule an appointment using InfoPass at http://infopass.uscis.gov/.
  Without an appointment scheduled with InfoPass you WILL be turned away.
  
  Please bring the following items to your appointment:
  • your passport with the I-94 card
  • your I-20 listing OPT;
  • your OPT receipt;
  • your checkbook or some money in order to; make a payment if required.
    
• Again, it is not possible to get a temporary EAD card until 90 days after the Received Date on the Notice of Action.

Going Back to School and 12-month standard OPT

• If you decide to enter a new degree program or transfer to another school after you have applied for 12-month standard OPT or after the EAD card has been issued to you, please contact OISS before proceeding. If you begin a new degree program, your 12-month standard OPT authorization is automatically cancelled and you will then be ineligible to continue your 12-month standard OPT employment.

Canceling 12-month standard OPT

•  If you wish to cancel your 12-month standard OPT application and immigration has not yet issued your EAD card, please contact OISS for help in canceling the application. In most cases you will be able to cancel the application if the EAD has not yet been approved, but because it is impossible to predict when this may happen, we strongly urge you to contact us for help in canceling the application within the first month after OISS mailed it to immigration. 
•  If the EAD has already been issued, it is impossible to get immigration to cancel your 12-month standard OPT.
• A warning about cancellation or changing dates of OPT-Once it has been submitted electronically to USCIS: This is currently VERY difficult and time consuming to accomplish. Right now the USCIS has provided no way for OISS to electronically cancel or change dates after we have submitted the proposed dates into SEVIS. Currently it takes at least two months to process a cancellation, and even longer to process a change of dates (sometimes they will not even do so). So we urge you to be very certain of your plans when you come to us to apply for OPT.

Ending 12-month standard OPT

• If you change to another status, such as another non-immigrant status like H-1B, or apply to adjust to permanent residency, please notify OISS. For example, send a photocopy of the I-797 and new I-94 showing the H-1B status has been approved. Once you change to another status, your 12-month standard OPT eligibility ends.
• Once the end date of your EAD arrives, you have 60 days to leave the U.S. You may not continue working during those 60 days.

Future Opportunities for 12-month standard OPT

• As of January 1, 2003, new USCIS regulations allow persons who have already used all 12 months of 12-month standard OPT to apply for an additional 12 months of OPT if you enter a new degree program at a higher level. In other words, if you obtained a Master’s degree and did 12 months of OPT following that degree, and then entered a PhD program, you will be eligible for an additional 12 months of OPT at the end of the PhD program. You must be pursuing a HIGHER degree level in order to be eligible for the additional 12 months of OPT.

Maintain Lawful F-1 Immigration Status

• In order to maintain your lawful F-1 immigration status while you are on 12-month standard OPT you are required report certain information to the OISS within 10 days of a change to the following:
  • Changes in your name or residential address. We need to maintain an up-to-date record of your current physical address of residence and any changes (P.O. Boxes will not be acceptable) and must report this information to the USCIS. To report changes in address, you should change it by going to OISS website by completing the address change form on our website www.stthomas.edu/oiss/forms/address
  • Employer Name
  • Employer Address
  • Changes in Visa status please let OISS know as soon as possible so we can make the appropriate changes. 
  • OISS also requires you to provide/update us with a current email address throughout the term of your Optional Practical Training