International Students

Obtaining Employment in the United States:

Students on F-1 visa status are entitled to one year (12 months) of “Optional Practical Training”, during which time employment is authorized in the United States.

What students need to know about Optional Practical Training (OPT):

An F-1 student who has been in status for 9 consecutive months and who is in good academic standing is eligible for OPT to work off-campus in a position which is related to the student's field of study. Students are not required to receive academic credit for OPT employment experiences, but training must be related to the student's field of study.

OPT may take place:

While school is in session, provided that it does not exceed 20 hours per week;
During the summer recess, either full or part-time;
After completion of program, full-time only.

OPT can occur:

Prior to completion of studies, or after completion of studies.

Please Note: Authorization for OPT is limited to a total of twelve (12) months combined, and all OPT must be completed within fourteen (14) months after completion of studies.

Other Points Of Note:

Part-time OPT (20 hours or less per week) is deducted from available practical training at one-half the full-time rate.
Many students do not fully understand the mechanics of obtaining and preserving OPT options. For example, many students obtain authorization for OPT, then start looking for a job. Yet such students do not realize that the authorization period is based upon the date authorization is given, not the date a job is obtained. Consequently, students can lose valuable time by ignoring this key detail.
Furthermore, many students apply for OPT authorizations, yet later change their minds, or pursue other options. Yet, if the application for authorization is not finally withdrawn, the student will still exhaust entitlement to OPT if authorization is granted. Just because OPT is not used, it does not mean that authorization for OPT has not expired. Therefore, any student desiring to potentially explore his or her OPT options is strongly advised to consult with the law school's Principal Designated School Official (PDSO) – the New England Law Registrar – well in advance of the need for OPT, so that the student fully understands all of the common pitfalls associated with OPT.

Applying for Optional Practical Training (OPT):

You are not authorized to begin Optional Practical Training until you receive an Employment Authorization Document (EAD) from the U.S. Immigration and Naturalization Service/Department of Homeland Security. In order for you to receive your EAD prior to the date on which you wish to begin your employment, we strongly suggest that you submit completed forms (listed below) to New England Law's Principal Designated School Official (PDSO) – the New England Law's Registrar – 90 to 120 days prior to the start date of your training program.

Note: For F-1 students applying for authorization for Optional Practical Training after completion of studies, you must apply before completion of your academic program.

How to Apply for your Employment Authorization Document:

Information about the application process for an OPT can be found online at:

http://www.ice.gov/sevis/students/opt.htm

1) Download and complete INS form I-765 (Application for Employment Authorization).

Form available at: http://www.uscis.gov/portal/site/uscis

(Note: link to "Immigration Forms" and scroll down to find I-765)

2) Bring the following items to the Principal Designated School Official (PDSO) in the Registrar's Office:

A completed form I-765,
2 color photos, 1.5 x 1.5 inches, showing three quarters of your right face, (see the Registrar if you are unsure of the photo type that you need),
Check for $340.00*, payable to the U.S. Department of Homeland Security,

(*Fee as of October 2008. Students should check the USCIS website for fee changes.)

The original of your most recent I-20 form
A copy of any previously issued I-20
A copy (both sides) of I-94 card
A copy of the photograph page of your passport
Any previously issued EAD cards

3) At the New England Law Registrar’s Office, fill out a Student Request Form, requesting the OPT. Be sure to give the dates for your OPT request, and (if known), the name and address of your employer.

Note: It is not required that you have employer information at the time of your application for OPT. However, if you are approved for an OPT, the "clock starts" with the date you requested as the start date, whether or not you have secured employment.

Once your application and supporting materials have been reviewed by the PDSO (New England Law Registrar), the PDSO will enter your OPT request online at the SEVIS website, and will print out two updated I-20’s, one for your records and one to be mailed with your OPT application. You may then submit your application and all necessary supporting materials to the Immigration Service Center for final processing, or you may ask the New England Law Registrar to submit it for you.

Please allow the Registrar’s Office 2-3 days to process your OPT request. You should also plan to submit your application for adjudication at least 90 to 120 days prior to the requested dates on your application.

If you choose to mail the application yourself, you should send it to:

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden Street

Saint Albans, VT 05479

If your application is complete, the INS will mail you Form I-797. This is NOT your employment authorization. It is merely a receipt notice, confirming that your completed application has been received and is in process.
After having received your application, the INS will process it. Processing may take up to 120 days or more. The Service Centers have seen an increase in the volume of applications, so you should plan as far in advance as possible. If your application is approved, your Employment Authorization Document (EAD) should be mailed directly to you. In some instances, however, you may be required to appear at a local INS office to receive your EAD card.
You can check the status of your OPT request after receiving the I-797 by logging on to the USCIS Case Status Online website at: https://egov.uscis.gov/cris/jsps/index.jsp
Plan carefully. Once your application has been submitted and entered onto the SEVIS website, making changes to OPT requests can be difficult. The Service Centers cannot be contacted by telephone and are often unresponsive to letters from the students and/or the Registrar.