17-Month STEM Optional Practical Training

   OPT Employer 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 OPT starting and ending dates:
When you meet with the OISS advisor, he/she will submit into SEVIS the 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 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 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 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 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 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.

Important Reminders About Travel Outside the United States Before and After Applying for Optional Practical Training (OPT):

• You are not eligible to apply for OPT after you complete your degree requirements.
  
• If you leave the U.S. before you receive your EAD card, you could potentially be denied re-entry to the U.S. 
  
• Federal regulations specify that in order to re-enter the United States after you have applied for OPT, you must have with you your EAD, your I-20, a valid F-1 visa and a valid passport. It is also wise to have a letter from your employer.

   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". Click here for a picture.

   What do I need to know AFTER I apply for 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 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. When you mail the 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 you mail your application, 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 the 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 OPT application is pending. This means, F-1 students may travel BEFORE their OPT is approved. You can check if your OPT has been approved on this immigration website.
• F-1 students with an approved OPT and who depart the U.S. before they get a job, will end their OPT and cannot re-enter the U.S. If you have a job, you may travel and re-enter to resume work at the same job.
• 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 OPT EAD card

Insurance

• Although for immigration purposes you will continue to be in F-1 status while engaging in OPT, your status, as an actual University of St. Thomas “student” will end with graduation.
• This means that your University 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 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 card has arrived. Your employment must end by the end date listed on the EAD card.
• What if you cannot find a job? Document that you have continually been looking for full-time employment in your area of study – keep records of resumes and applications sent out, job interviews held, rejection letters received, etc.

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 OPT

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

Canceling OPT

•  If you wish to cancel your OPT application and immigration has not yet issued your EAD card, please contact the 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 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 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 the 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 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 to Do OPT

• As of January 1, 2003, new USCIS regulations allow persons who have already used all 12 months of 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 enter 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 in order to be eligible for the additional term of OPT.

Remaining in Contact with the OISS

• The new USCIS regulations that took effect January 1, 2003 require you to report certain information to the OISS while you are engaged in OPT, as follows:
  • Changes in name or address within 10 days. 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
  • Changes in Visa status please let OISS know as soon as possible so we can make the appropriate changes. 
  • The OISS also requires you to provide/update us with a current email address throughout the term of your Optional Practical Training