Duke Visa Services. Presenters Princess Solomon Wake Technical Community College...

Optional Practical Training (OPT)

Problems Solutions

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Presenters

Princess SolomonWake Technical Community College

pmsolomon@waketech.edu Claudia De La Cruz

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claudia.delacruz@duke.edu Dylan Sugiyama

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dylan.sugiyama@duke.edu

What is OPT? 12-month work authorization per each higher

educational level Benefit of F-1 status Related to major area of study Pre-completion OPT - before graduation (may be

part-time or full-time) Post-completion OPT - after graduation (must be

employed at least 20 hours per week) 17-month STEM extension - additional OPT for

STEM majors (Science, Technology, Engineering and Mathematics)

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How to apply for OPT Form I-765 – completed Optional Practical Training Application Recommendation letter from academic advisor $380.00 check or money order made payable to “U.S.

Department of Homeland Security” (check must have pre-printed name, cannot be starter check)

2 passport size photos (see USCIS specifications) All I-20 forms Passport Visa stamp I-94 admissions record Previous EAD (if applicable) Copy of student’s degree reflecting the conferred degree

and major field of study (STEM extension only)

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OPT Cap gap

Occurs when an F-1 student’s status and work authorization will expire in the present fiscal year before their approved H-1B employment will begin on October 1st.

Good News!! The Cap Gap allows F-1 OPT students with an approved or receipted H-1B petition to continue working until the H-1B October 1 start date takes effect. Applies only to “cap subject” employers.

Other helpful links

Study in the Stateshttp://studyinthestates.dhs.gov/

NAFSAhttp://www.nafsa.org/

Duke Visa Serviceshttp://www.visaservices.duke.edu

Problem: Solution:

Students calling customer service line to expedite processing. CIS may interpret as an attempt to change the application to an ‘economic hardship’ application and issue an RFE. Poses serious delays

Make student aware that there is no way to expedite processing of an I-765 application and by calling they delay the adjudication process even more

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Problem: Solution:

Checks that bounce: delays processing greatly; may or may not receive an invoice, if not, the application will be denied and a new application will have to be filed delaying adjudication even more

Make sure there is money in the account or use cashier’s check or money order

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Problem: Solution:

Check is rejected (i.e. account holder’s information not printed on personal check)

Use a cashier’s check or money order

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Problem: Solution:

RFEs for transfer students applying for pre-completion OPT before the end of their first full year at your school. CIS thinks they aren’t eligible since they don’t meet the one-year in F-1 status requirement even though they were in F status before starting at your school

Include copies of I-20s from previous school(s) and have the regulations ready to quote if you do have to respond to an RFE

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Problem: Solution:

Lost cards – never received even though the online system shows that the application was received

Can try requesting that they issue a new card through NAFSA fax or email, but sometimes they refuse and say the student has to apply all over and pay another application fee. Another reason to have cards sent to the school

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Problem: Solution:

Card received after work starts

Make student aware of processing times

Advise student to attend information session(s)

Advise student to apply earlier next time

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Problem: Solution:

STEM extension applications: RFE received because the E-verify user # and employer name do not match

Make sure student is listing the full legal name of the employer (the one used when the business was registered in E-Verify)

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Problem: Solution:

Applications returned due to minor errors (i.e. not checking ‘request to accept employment’ box

Review application carefully before filing

Provide student with detailed instructions if they file the application themselves

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Problem: Solution:

Connection between the job and the student’s major field of study not clear

Have the employer write a letter explaining how the student’s degree was a factor in the employer’s decision to hire the student, and how the student is using that degree in performing the job.

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Problem: Solution:

Student applies for post-completion OT but does not graduate

If the application is still pending, contact TSC to request that the application be withdrawn. DSO withdraws OPT recommendation in SEVIS.

If OPT is already approved, can still request to withdraw the application (doubtful), or student can work part-time until all degree requirements are completed. 90 ay unemployment rule still applies

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Problem: Solution:

Cap gap: SEVIS not updated with the H-1B information; therefore, can’t process the cap gap.

Request a data fix in SEVIS and include documentation (H-1B receipt/approval notice)

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Problem: Solution:

Errors on cards or receipts (incorrect dates, names, DOB, etc.)

Use NAFSA fax or email at TSC. If student needs to begin work, use the card to get I-9’ed then return the card to TSC for correction and reissuance

NAFSA:

Fax (214) 962-1450

Email: tsc.schools@dhs.gov

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Problem: Solution:

Students not complying with employment reporting requirements

Use the SEVIS alert list. Educate students on the need to comply with the requirements and the risks inherent in noncompliance

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Problem: Solution:

Lost/Undelivered cards due to addresses

Use school’s address to avoid these issues

Be ready for complaints if cards get lost in the school’s mailroom. Contact your mailroom to establish a procedure

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Problem: Solution:

I-797 Receipt Notice not received

Have student call customer service number to request one

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Problem: Solution:

Photos do not meet CIS guidelines (i.e. wrong size, background color too dark, etc.)

Provide student with photo guidelines and request new photos if in doubt

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Problem: Solution:

Application taking longer than 90 days due to background checks. Especially for students from Iran, Pakistan, etc.

None, unfortunately

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Problem: Solution:

SEVIS not being updated once TSC makes a correction on the card (especially dates), so the card has the corrected dates but SEVIS still has incorrect information

Request a data fix in SEVIS.

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Problem: Solution:

Travel after graduation Not encouraged until OPT is approved and student has the EAD card in hand. Student must have an offer letter to present at POE upon re-entry

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Problem: Solution:

RFE because the DSO did not confirm that practical training will be in the student’s field of study.

Include a note in the comments section of the OPT request stating that the training will “be in the field of study” or “be in the field of [Major]”.

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Problem: Solution:

OPT application not filed within 30 days of the date on which the DSO made the OPT recommendation in SEVIS

School files the OPT application rather than giving it to the student to file

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