F-1 Optional Practical Training (OPT)

Pre-completion OPT:  BEFORE GRADUATION

Part-time employment during school year and full-time during school breaks.

Employment must be in the area of academic major and may be paid or unpaid.

 

Post-completion OPT: AFTER GRADUATION

Must be employed at least 20 hours per week in the area of academic major.

Employment must be in the area of academic major and may be paid or unpaid.

 

24-month STEM extension: AFTER INITIAL OPT

This is for STEM majors (Science, Technology, Engineering, and Mathematics).

Same conditions of post-completion OPT apply.

Employer must be part of the E-Verify program.

 

USCIS announced on March 6, 2023, that they will accept requests to “Premium Process” an OPT application, which will obligate USCIS to adjudicate an OPT request within 30 days. This requires filing an “I-907 Request for Premium Processing” form and an additional $1500 fee to USCIS. Instructions can be found here.

This is a new program offered by USCIS; we have little information about how this option will work and what it will mean for standard OPT processing times.  FGCU Global Engagement Office does NOT recommend using the Premium Processing option now. Instead, we advise that students apply for OPT promptly, which should make it unnecessary to request Premium Processing. As more information becomes available, we will continue to update students. If you are graduating this semester and have not yet applied for OPT, please start the application process as soon as possible. 

Please note that “Premium Processing” does not mean that USCIS will approve the application within 30 days, only that they will adjudicate it within 30 days (i.e., approve, deny, or issue a Request for Evidence).

• Pre-Completion OPT occurs before you complete your degree and Post-Completion OPT happens after the degree is completed. Students cannot engage in either until they have been in valid F-1 status for one academic year, however you can apply as early as 90 days before you reach the one academic year requirement.
• Pre-Completion OPT: Pre-Completion OPT can be used during your studies. Students can work over 20 hrs per week between required terms of study (full-time Pre-Completion OPT), and less than 20 hrs per week while classes are in session (part-time Pre-Completion OPT). Students who use part-time OPT, deduct days at half the rate.  For example, if you work for 5 months on part-time, Pre-Completion OPT, only 2.5 months are deducted from the total 12 months.  Pre-Completion OPT is a great option for students who have found a job they really want or wish to work over summer vacation. **Please note that if you use part of your 12 months of OPT as Pre-Completion OPT, you will have to apply again, and pay the filing fee, to use the remaining time as Post-Completion OPT. Students can only work on Pre-Completion OPT within their period of study; once a student has finished their degree, Pre-Completion OPT is no longer available. Many students do not apply for Pre-Completion OPT so that they can have 12 full months of OPT after they graduate.

• Post-Completion OPT: Post-completion OPT can start as early as the day after a student completes the requirements for their degree, or as late as 60 days from their degree completion. All Post-completion OPT is full-time.

 

Pre-completion OPT (OPT that is done prior to program completion), can be authorized either part-time (up to 20 hours per week) or full-time (20 hours or more per week). Whether you are granted part-time or full-time authorization depends on the request you submitted on your OPT application and is reflected on your Employment Authorization Document (EAD).  Pre-completion OPT can be paid or unpaid training related to your major field of study. You may work for multiple employers (including short-term gigs, self-employment, contract work, or work for hire) as long as your cumulative number of hours is within your authorized limit.

 

Under pre-completion OPT, there is no limit on unemployment time. If you do not find a job during your period of authorization, you will use up the amount of OPT eligibility for which you were authorized, but you are not required to report your OPT employer information.

 

Post-completion OPT (OPT that is done after completion of your degree requirements), authorizes you for full-time OPT participation (20 hours or more per week).  Post-completion OPT can be paid or unpaid training related to your major field of study.  You may work for multiple employers (including short-term gigs, self-employment, contract work, or work for hire). In order for your OPT employment to be considered active, you must be working 20 hours per week or more between all OPT jobs combined. If your combined OPT employment is under 20 hours per week in total, this time may count against your unemployment time.

 

Under post-completion OPT, you may not accrue more than an aggregate of 90 days of unemployment during the entire 12-month OPT period. You must be engaged in at least 20 hours of OPT activity per week to count as active employment; periods with activity of less than 20 hours per week will be counted toward unemployment accrual.

 

We strongly recommend that you keep thorough and accurate records of your OPT experience/employment in case you are ever required to show proof of your OPT activities.

To be eligible to apply for OPT:

• You must have been enrolled as a full time (12 credits undergrad, 9 credits grad) student for at least one full academic year of study (Fall and Spring semesters only*).
• Students must be maintaining a valid F-1 status at the time of the application and intend to work in a position directly related to their major field of study.
• You have not been authorized for more than 364 days of full-time CPT, and
• You will meet all graduation requirements, including any internships when you apply for OPT.
• Students must meet with a DSO in the Global Engagement Office BEFORE they can apply for OPT.

No, a job offer is not required to apply for OPT. However, be aware that during your 12-month OPT period, you are only allowed a cumulative total of 90 days of unemployment. You must also report your employment to the Global Engagement Office after you have been approved. 

During your pending OPT application and after the OPT approval by USCIS, F-1 students will remain in F-1 status under the I-20 sponsorship of Florida Gulf Coast University. OPT is a benefit of your F-1 status and extends your ability to remain in the United States for the purpose of seeking employment in your field of study. This means that you will continue to use your FGCU OPT I-20 and F-1 documents to travel and you will still need to get fresh travel signatures from GEO (every 6 months). This also means that The Global Engagement Office is still responsible for reporting changes about your status to SEVIS and helping you maintain your F-1 status while you are on OPT.

Pre-Completion OPT is for off-campus employment before graduation. Please make an appointment with your DSO in the Global Engagement Office to discuss the specific rules and regulations regarding Pre-Completion OPT.

 

Apply as Early as Possible

You can apply as early as 90 days before your requested employment start date.

 

Employment Start Date

If you do not know the exact date you will start working, choose the earliest date you hope to start working as your prospective start date and calculate your application timeline accordingly.

 

 Pre-Completion OPT Sample Application Timeline

Post-Completion OPT is for any type of work after graduation. Please note that if you do not apply for OPT and depart from the U.S. during the 60 day “grace period”, your eligibility for OPT ends when you leave the U.S.

• Your window of time to apply is no more than 90 days before your program end date and up to 60 days after your program end date.

• The program completion date is the last day of class in your final semester. This should also be the program end date on your I-20.

USCIS can average up to 90 days to process your OPT Application so it is best to apply as early as possible within your Application Window to avoid employment delays.

 

 

Choosing your OPT start date is one of the most challenging parts of the application process. Whether you apply for pre-completion or post-completion OPT, we advise you to review these tips and speak to a DSO in the Global Engagement Office before proceeding with your OPT application.

 

• Your OPT start date begins within 60 days of your program’s end and ends 12 months after this date.
• Your OPT start date is generally based on your employment start date (as long as it is within 60 days after your program end).
• If your employment start date is longer than 60 days after your program end, your OPT start date will still be 60 days after your program end, as this is the latest date possible to select.
• If you are unsure when your employment will start, you should make your best estimate based on the desired time off. Your OPT start date must be within 60 days after your program end, as this is the latest date possible to select.
• If you do not start work on your OPT start date, you have up to 90 days within the 12-months of the card that you can be “unemployed” and still keep your status.
• You cannot change your start date after submitting your OPT application, so be sure to discuss the timing of this date with your adviser if you are unsure.

Post-Completion OPT Sample Application Timeline

Whether you apply for pre-completion or post-completion OPT, you need to apply as early as possible because you need your work authorization card (EAD) to start working and travel. We advise you to plan accordingly and submit your OPT application as early as possible, as it can take 90 days or longer for USCIS to process it.

It can take 2.5 to 5 months for USCIS to process your OPT application, and it is not possible to expedite the process.

Applying Online: You should receive your receipt notice online through your USCIS account.

If GEO recommended you for GEO more than 30 days ago and you have not yet sent in your application to USCIS, you'll need a new OPT I-20 from GEO. If you are still within your 60-day grace period and otherwise eligible to apply for OPT, submit another OPT I-20 Request Form [doc] to GEO.

I-765|Application for Employment Authorization

Filing under one of these categories:

• Pre-completion OPT;
• Post-completion OPT;
• 24-month extention for Science, Technology, Engineering and Mathematics (STEM) students;
• Temporary Protected Status; or
• Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as "Temporary treatment benefit' UNDER 8 c.f.r.244.10(a)

If a student’s F-1 visa has expired and they would like to travel outside the United States, a new F-1 visa must be obtained before re-entering the United States. Students who need to apply for a new visa should consult the GEO before traveling to discuss the visa application process and possible risks.

If your F-1 visa has expired and your OPT or OPT STEM Extension application is pending, you will NOT be able to apply for a new F-1 visa until the application is approved and you have the EAD.

The first week: E-FILE: You should receive your receipt notice online through your USCIS account. If filing BY MAIL: After mailing your OPT application to USCIS, you should receive confirmation of delivery via text or email if you completed and included the G-1145 form in your application. This should also include your receipt number, which you can use to check your status online. 

Within 30-45 days: You will receive an I-797c receipt notice at your mailing address confirming the date of receipt and your receipt number. Keep this notice safe as it is your official proof that your OPT application was submitted. You may need it for travel or other purposes.  If there are any errors in the receipt notice in your name, address, or application type, contact your DSO adviser.

Around 2.5 to 5 months: You should receive an I-797 Notice of Approval letter and EAD card at your mailing address. (If E-FILING you will also receive the notice in your USCIS account.) These can come separately or at the same time.  You can start working on your EAD start date! If there are any errors on the EAD, contact your DSO adviser. Check current USCIS OPT/STEM processing times(link is external). Select “I-765” filed at “Potomac Service Center” SCROLL ALL THE WAY DOWN THE PAGE TO SEE THE PROCESSING TIME FOR F-1 ACADEMIC STUDENT EADS!

            Monitor the processing of your application by visiting https://egov.uscis.gov/casestatus/landing.do and entering your receipt number. GEO recommends that you sign up for an account with uscis.gov(link is external) to track your case status more closely.

You can also check the status of your application by calling the USCIS directly. You must call the USCIS National Customer Service Center at 1-800-375-5283. They will ask you for your receipt number and provide you with the latest details on your application.

GEO recommends that you do not submit your OPT application until all your questions and concerns are properly addressed by the designated school officials (students responsibility clause)

Generally, after your OPT application is submitted to USCIS, you cannot change any of the information except for your mailing address.

Once you complete your degree you cannot work on or off campus until you have your OPT card and your selected start date has arrived

No. You need your employment authorization in order to begin working.

You must have your EAD card in hand to start working. Your start date must be on of after the approved date on your EAD card.

The types of employment allowed during the initial 12-month period of OPT include (these DO NOT apply to the STEM Extension):

• Paid employment. Students may work in a job related to their field of study at least 20 hours per week (if work is less than full-time, it counts toward a student's 90 days of unemployment).
• Multiple employers. Students may work for more than one employer, but all employment must be related to the student’s degree program.
• 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, including the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
• Work for hire (commonly referred to as "1099 employment"). This is a type of 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 may start a business and be self-employed. In this situation, the student must work full-time (at least 20 hours per week). 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 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 on the initial 12-month OPT may work as volunteers(link is external) or unpaid interns(link is external), where this does not violate any labor laws. The work must be at least 20 hours per week. 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.

During the period of OPT authorization, a student should be working or actively seeking employment. Students on post-completion OPT authorization may not be unemployed for more than 90 days total. The 90 days start counting from your approved OPT/EAD start date and are cumulative. If you exceed the unemployment rule you are in violating of your immigration status.  You are expected to leave the U.S., transfer to another school, or change your visa status before the 90th day.

Students who are granted a 24-month extension are given an additional 60 days of unemployment for a total of 150 days over their entire post-completion OPT and STEM periods.

Federal regulation permits F-1 nonimmigrant students to apply for authorization to engage in Optional Practical Training (OPT) that is directly related to their major area of study. As part of your OPT reporting requirements, you must provide a description demonstrating a logical connection between your regular job duties and your FGCU major.

Students may have multiple jobs and change jobs as many times as they wish during OPT, provided that all employment is directly related to their field of study and the work is a minimum of 20 hours per week. No special permission is required to change employers. Nevertheless, you must update your employer information with your DSO at the Global Engagement Office.

 

During the period of OPT authorization, the student should be working or actively seeking employment and should keep in mind that there is a 90 days of unemployment rule.

Furthermore, you are only allowed to start working after the start date on your EAD card and the job must be directly related to your field of study. All employment or address changes should be reported to the GEO office immediately.

Any changes in your OPT employment status or address need to be reported within ten days to the GEO. In case of early completion of your OPT, you should also notify the GEO within the 10 days mark. Failure to do so may negatively reflect your immigration status.

While being on your post-completion OPT period, you are limited to part-time non-degree seeking studies as it should be incidental to your OPT employment. Enrolling full-time, or taking courses at another institution will terminate your employment authorization, even if the dates on your EAD are still valid.

If you decide to go back to studying full time, you will need to obtain a new I-20 that reflects your new degree.

While on OPT, you are subject to all applicable federal, state, and local taxes and must file a tax report. 

Students are not required to have health insurance while on their OPT period. However, it is recommended due to the cost of heath care in the U.S.

An F-1 student on post-completion OPT may temporarily travel outside the United States and be readmitted to resume F-1 status and employment for the remainder of the period authorized on their OPT EAD card. The student must not have exceeded the maximum OPT unemployment or OPT STEM Extension unemployment time.

 

The student should be able to return to the U.S. as long as they have the required documents:

• a valid EAD (OPT card)
• valid passport
• valid F-1 visa
• I-20 with a travel signature signed within the last six months
• employer or job offer letter (not required but recommended)
• you meet the immigration admission requirements for F-1 status (i.e., you have the required documents - passport, F-1 visa, I-20 and EAD, you are not inadmissible due to commission of a crime, etc., you do not have immigrant intent)
• you have not been out of the U.S. for more than 5 months
• you are coming back to resume employment

Travel during the OPT application process is allowed but not recommended, posing particular risks. Keep in mind the following:

 

• You will need to have someone monitor your mail and tell you if you receive any communications from USCIS.
• If you receive a Request for Evidence, you will need to respond by a specific deadline, which could be challenging from outside the US.
• For post-completion OPT: If you are denied for OPT while outside the United States after your Program Completion Date, you will not be able to re-enter or reapply. Your F-1 status will end.
• For OPT STEM Extension: If you are denied for OPT STEM Extension while outside the United States after your OPT EAD end date, you will not be able to re-enter or reapply. Your F-1 status will end.
• If you are approved for OPT/STEM Extension while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States.
• If your F-1 visa is expired, you will need to reapply for an F-1 visa with your EAD card and proof of employment.
• If you choose to travel while your application is pending, ensure to monitor your mail. Sign up for an account with USCIS Case Status online. Communicate with the Global Engagement Office about your travel plans.

A Cap-Gap Extension extends an eligible F-1 student's status between the end of F-1 status while on OPT and start of H-1B status. This allows the student to remain in the United States during the "gap."

F-1 students with degrees in Science, Technology, Engineering, or Math (STEM) may be eligible for an extension of their Post-Completion OPT work permission.

If you plan to depart the United States after OPT, you must do so within your 60-day grace period. You must stop working by the end date on your EAD card.

 

If you are leaving the United States before the end date on your EAD, you must report this to the Global Engagement Office so we can update your SEVIS record.

During OPT: If you are approved for a change of visa status during your OPT, you must report this to the Global Engagement Office so we can update your SEVIS record.

 

After OPT: If you have a pending or an approved change of status when or after your OPT ends, check with the immigration legal counsel working on your change of status application to determine what options are available to you and if you may remain in the United States past the end of your 60-day grace period without a negative impact to your immigration status

 

H-1B: If you have a pending or an approved change of status to H-1B, you may be eligible for a Cap-Gap Extension I-20. Please consult with the immigration legal counsel working on your case.

During OPT:

• Beginning a full-time program of study while on OPT is not allowed.
• If you wish to start a new program while on OPT, the remainder of the OPT must be forfeited before beginning classes with the new program.
• If you are beginning a program of study at another US school, you must request a Transfer Out of your F-1 SEVIS record to another school. If you are starting a new program of study at Florida Gulf Coast University, you must request a Change of Level I-20.

 

After OPT:

• If you plan to go back to school after your OPT, you will need to request a Transfer Out of your F-1 SEVIS record to another school or request a Change of Level I-20 if returning to FGCU. This must be done before the end of the 60-day grace period following the OPT end date.

 

Students should keep in mind the following points when deciding on when to request a Transfer Out of their SEVIS record:

 

• After the SEVIS transfer release date has passed, students may not continue working on OPT, even if the Employment Authorization Document (EAD) has not expired. The release date, in effect, cancels the EAD.
• The SEVIS transfer release date can be within the OPT period dates listed on the EAD or up to 60 days after the expiration date on the EAD.
• Classes at the new school must begin within five months of the transfer release date or the end date on the EAD, whichever is earlier.
• Students may request a release date in the future and continue working on OPT until that date as long as the EAD has not expired and the new program of study has not yet begun.
• If the period between the OPT end date and the start date of classes at the new school will be more than five months, please meet with a GEO adviser to discuss your options.

If interested in joining a program that does not have the authorization to admit F-1 students and thus cannot issue an I-20, students should discuss their options with the International Student Adviser at that school.

Any changes in your OPT employment status or employer need to be reported within ten days to the GEO. Failure to do so may negatively reflect your immigration status.