Optional Practical Training (OPT) - Post-completion

Employment Authorization Document (EAD): Post completion OPT allows F-1 international students to apply for temporary off-campus employment directly related to your major field of study after graduation. You must apply for OPT in a timely manner through USCIS, and if approved you will receive an EAD card. OPT approval is not guaranteed and is not automatic. USCIS will take several months to adjudicate your application. 

Do not begin work before the date listed on your EAD: You do not need a job offer to apply for OPT. You may not begin work until you have your EAD card in hand and the date printed on it arrives. The date may or may not be the date you originally requested. You must end work when your EAD card expires. OPT authorization is limited to 12 months per degree level.

Work must be within your degree field: You will write a work description which is provided to Department of Homeland Security. In your work description, you must show how your daily work is directly related to your upper level classes in your major. Your work must not be in any cannabis related field. The U.S. government takes OPT work very seriously, and an ICE agent may scrutinize your work report. Be prepared to provide further justification for your job to government agents when requested.

Work must be full-time: Your employment must be at least 20 hours per week. The employment does not have to be paid employment. Therefore, a student who is engaged in “free-lance” employment, interning, or volunteering in a position directly related to the academic field would be considered “employed” for the purposes of maintaining F-1 visa status. Even if the internship is unpaid, you must work a minimum of 20 hours a week in your field of study and obtain proof of employment, such as a hire letter from your employer.

Report work early to avoid unemployment: During post-completion OPT F-1 visa status is dependent upon employment. You must not accrue a total of 90 days or more of unemployment during post-completion OPT. The 90 days of unemployment begins accruing on the start date printed on your EAD card. You must report all work to the International Student & SEVIS Compliance Coordinator. See below for detailed instructions. If you fail to find work, or fail to report your work within 90 days, your SEVIS record may be terminated automatically. Requirements for reporting work are listed below in the section "How do I report my work?"

Minot State Students have had their SEVIS records automatically terminated for failing to report work or for going over 90 days unemployment. ICE agents take these violations very seriously and do follow up on these cases. Be aware that DSOs are required to cooperate with all federal government requests.

OPT regulations can change at any time without warning: You are responsible for maintaining your F-1 status, even if USCIS changes OPT rules without warning. This website will be updated with new information as changes come to light, but you are responsible for your own F-1 status. This website contains information and advice, but that information does not constitute legal advice. You must contact an experienced immigration lawyer for legal advice.

You must meet all of the following conditions to be eligible to apply for OPT:

1. You are in active F-1 visa status and have been enrolled on a full-time basis for at least one academic year in your current degree program.
2. You will complete all degree requirements this semester.
3. Your employment will be directly related to your current course of study.
4. You are currently in the U.S. and plan to remain in the U.S. after graduation until your application has been submitted to USCIS. Your EAD card will need to be sent to a U.S. address. 
5. You have not used more than 364 days of full-time CPT.
6. If you have applied for OPT in the past, it was at a lower degree level. (Students are only eligible for OPT once per degree level, and you may not move down a level. For example, if you had previous bachelor's or master's level OPT, you are not eligible for an additional bachelor's level OPT). 

Remember, USCIS has sole discretion over whether to approve or deny your OPT application. OPT requests are between the student and USCIS. Minot State's only role in the process is to maintain the student's SEVIS record during F-1 status. Minot State University is not responsible if your application for OPT is denied by USCIS. 

Application window: The application window for OPT is very specific. If your application arrives at USCIS too early or too late, your application will be denied.

• The earliest date you can send in your application for OPT is up to 90 days before your program end date (graduation date).
• The latest date your OPT application can be accepted and physically received by USCIS is 60 days after your program end date. Although you can apply for OPT after graduation, but we do not recommend doing so. USCIS processing times vary and you will lose some of your 12-month employment authorization while waiting for your EAD card to arrive.

You may begin work once you have your EAD card (Employment Authorization Document) and the date on it arrives.

Requesting a start date: The start date that you request must be within 60 days after your program end date (graduation date). Remember that you will probably not receive the date you request.

• The earliest employment start date you can request is the day after completing degree requirements.
• The latest date your can request for employment to start is 60 days after your degree completion date.

Keep in mind that OPT can take over five months for USCIS to adjudicate. If you pick a date that is too early, you may begin accruing days of unemployment before your card arrives. Your requested start date will appear on your new I-20, and you will include your choice in the your official request for OPT I-20 that you provide to the International Student Coordinator.

Your actual start date: USCIS is not obligated to give you the date you request, or to send your card by a specific date. You may not begin work until you have your EAD card in hand and the date printed on it arrives. The date may or may not be the date you originally requested. You must end work when your EAD card expires.

USCIS Application Adjudication (It's very slow): After you mail your application to USCIS, they sometimes notify you of accepting your immigration form(s) via email and/or text. The message will provide a receipt number but will not constitute official notice of acceptance.

USCIS can take 5 or more months to adjudicate your application. If you receive an application number from USCIS, you can use to check your application status at https://egov.uscis.gov/casestatus/landing.do 

***USCIS now encourages online OPT applications. Be sure to select Post-Completion OPT when filing your online application.

Gather the following documents for your online application:

• A new OPT request I-20. You must submit both of the below forms to the International Student Coordinator to request your new I-20 be printed. Do not send your application without this new I-20! You may submit these two forms to the International Coordinator over email. Indicate in your email if you want to pick up the I-20 packet or have it mailed to the address on the form for you to include in your application to USCIS.
  1. Graduation recommendation form signed by your academic advisor and listing your guaranteed program completion date. Do not apply if you are not 100% guaranteed to graduate on time!
  2. OPT I-20 request form. By submitting this form, you will officially request the new I-20 and permanent changes to your SEVIS record. Read the warnings on the form very carefully to be sure you understand your obligations.
     
• Copies of your travel documentation:
  1. A pdf file of the electronic I-94
  2. A color pdf file of the picture page of your unexpired passport. 
  3. A color pdf file of your U.S. F-1 visa page (except Canadians).
  4. Upload copies of past I-20s that show any Curricular Practical Training and OPT authorization(s). If you have not done any CPT or OPT in the past, you will not have these.
     • *If you have had OPT in the past, include a copy of your old EAD card (front and back) along with all of the previous OPT I-20s and documentation. 
• A U.S. style passport photo taken no more than 30 days prior to sending in the application. This photo can no longer be taken from your phone and must be an official passport photo taken from an authorized organization. 

USCIS is now accepting online applications for OPT and STEM OPT. The tips in this section for the I-765 will also be very helpful to students who decide to apply using the online system. The online system is preferred by USCIS.

You can find the paper I-765 at the following website https://www.uscis.gov/i-765

• Read the full government provided instructions, especially pages 14-20 to ensue your I-765 is completed properly. Refer to the government directions when completing your I-765.
• You must use the current edition date listed on USCIS's website. They will deny all applications that include the wrong USCIS edition date I-765.
• It is best to type the form, rather than complete it by hand. 
• Sign using black ink on page 4, and fit your signature within the tiny box.
• For any item you do not complete, write “N/A” (short for “Not applicable”) or, if the question asks for a number response, write “None.”
• Send all 7 pages of the I-765, even those that do not apply to you (normally page 5-6).

Below are suggestions for the paper I-765 that fit for most student cases. *YOU are responsible for studying every word on the I-765 and the government directions to ensure your I-765 is filled out completely and correctly for your individual circumstances. Read all alerts posted by USCIS on the I-765 page. It is your responsibility to send the correct version of the I-765 form and abide by all USCIS rules, which USCIS can change at any time without warning.

• Part 1
  • Item 1.a: Regular OPT: Check the “Initial Permission” box
  • Item 1.c: STEM OPT Extension: Check the “Renewal” box
• Part 2
  • Item 8: Most students do not have an A-number, so write “none”.
  • Item 9: USCIS Online Account Number is “none” for most students. If you have a previous EAD card or immigration application, check that information for your USCIS number.
  • Item 12: Check NO if you have never had OPT before. If you have had an EAD card or filed an I-765 previously, check YES and attach documentation.
  • Item 21.a: Write the I-94 number from your most recent entry record.
  • Item 21.c: Most students write “N/A”.
  • Item 26: You can find your SEVIS ID number at the top left of your I-20.
  • Item 27: Regular Post Completion OPT: (c)(3)(B), STEM OPT Extension: (c)(3)(C)
  • Item 28a—c: Applicants for regular post completion OPT can write “N/A”. STEM OPT applications will need to fill out this section.
  • Items 29—31: Write “N/A” in these fields, and leave yes/no questions blank.
• Part 3
  • Item 1.a: Check this box because you are preparing your own I-765
  • Item 7.a: Sign your printed form small in black ink. Be sure your signature fits in the box and does not touch the lines. Your signature must be handwritten in black pen, they will deny your application if your try to use an electronic signature.
  • Item 7.b: Type the date in 7.b
• Part 4—5
  • Write N/A in fields on pages 4-6 because you are not using an interpreter. You must include these pages in your application, even though they do not apply to you. Send all 7 pages of the I-765.
• Part 6
  • Complete Part 6 if:
    • You have been approved for CPT in the past.
    • You have been approved for OPT in the past.
    • You have used a different SEVIS ID in F-1 status in the US.
    • You have a complicated name issue that requires further explanation.
  • For each of the items listed above, complete one box in Part 6. Enter your personal information, and then reference Page Number 3, Part Number 2, Item Number 27. List all periods of CPT, OPT, or your previous SEVIS numbers.

Mailing in your paper application: Check USCIS's website for the most up-to-date mailing address. Be sure to read all alerts on the I-765 page as well, because they can change the address without warning.

• Pay extra for a tracking number so that you will know your application arrived. Two-day shipping seems to work best.
• USCIS must receive your completed OPT application within 30 days after OPT I-20 is printed. Do not send your application without a new I-20 from the international student coordinator. 
• If you move within the U.S. while your OPT application is pending, you must inform both the International Office and USCIS. Update your address with USCIS at this link: https://egov.uscis.gov/coa/displayCOAForm.do
• USCIS intends to make a signature required for when your EAD card is delivered to you. You must plan to be available when your EAD card is sent to sign for it. 

Disclaimer: The Office of International Programs is able to provide you with general guidance.  However, any advice provided to you by our office, as well as the information on this website, should not be construed as legal advice. Additionally, due to the fluid nature of governmental interpretation, USCIS may change its interpretation of these immigration laws/regulations and eligibility requirements for benefits, at any time.  We will do our best to provide you with the most current guidance.  Each case is fact-specific and it is advised that you contact an experienced immigration attorney if you have questions regarding your situation.

OPT requests are between the student and USCIS. Minot State's only role in the process is to maintain the student's SEVIS record during F-1 status. USCIS can change its guidelines at any time without warning. 

USCIS is now accepting online Form I-765 applications for OPT. USCIS has indicated that it prefers students to submit OPT applications using this online system.

You must carefully follow all directions on USCIS's Rules for Filing Forms Online page. If you have any issues or questions regarding your online I-765 application, you will need to work directly with USCIS.

***Do not start the online I-765 application process until you have a new OPT I-20 from the Office of International Programs. Directions for requesting your OPT I-20 are in the above section labeled “Application Documents." All deadlines for the OPT I-20 still apply.

Your USCIS Account

• Set up your myUSCIS account by going to my.uscis.gov and selecting "Sign In" --> "Create Account"
• Follow all instructions on USCIS's rules for Filing Forms Online page.
• Read all instructions in every section of this website, especially the above instructions for the I-765 and application documents.
• Be sure to apply using the correct category, or USCIS will deny your application.
  • Regular Post Completion OPT: (c)(3)(B)
  • STEM OPT Extension: (c)(3)(C)
• Your images must have an acceptable name and file type that follows USCIS's very specific guidelines
• Physically sign your new OPT I-20 before you scan it. If you do not include the new OPT I-20 with your online application, USCIS will deny your application.
• Don’t pay until you are 100% done. Once you submit your payment information and that payment is successfully received, USCIS considers your application officially submitted. That means you cannot change or edit your I-765 application responses after payment has been submitted.
• You are completely responsible for following all USCIS instructions and making sure that the application is correct and complete. The Office of International Programs cannot check any information on your application.

Update your address with USCIS: If you move within the U.S. while your OPT application is pending, you must inform both the International Office and USCIS. First, update your address at this link: https://egov.uscis.gov/coa/displayCOAForm.do You must have your pending application receipt number to change your address.

Update your address with Minot State: Also email your new mailing address to the International Student Coordinator so it can be updated in SEVIS so that it matches USCIS.

Consequences of not updating your address: Remember that keeping your address up to date is vital while your application is pending. USCIS will not allow mail to be forwarded and is VERY picky about addresses. If your EAD card is returned to USCIS by the U.S. Postal Service, it can take several months to be resent. You will accrue days of unemployment during that time and will not be able to begin work until you have the EAD card in hand. If you do not receive your EAD card within 5 months, you should contact USCIS directly by following the directions at this link: https://egov.uscis.gov/e-Request/Intro.do

Do not travel outside the U.S. while your OPT application is pending: You cannot reenter the U.S. without an EAD card, employment letter, and approved OPT I-20. For more information on this warning, see Immigration and Customs Enforcement's FAQ page. Your OPT application may be delayed or denied, and you can still be denied reentry even if you get the card in time. The Office of International Programs will not be able to help resolve those problems. 

To reenter the U.S. while on OPT, you must carry ALL of the following:

1. 1. Valid passport
   2. Valid F-1 visa (Canadians are exempt from this requirement)
   3. I-20 with approved OPT employment listed and recent travel signature (within past 6 months). To receive the new I-20 for travel after your OPT has been approved, you must submit a full work report to the International Student Coordinator. 
   4. Unexpired EAD card
   5. Proof of employment (offer letter or employment confirmation letter from employer)

To report work, you must submit the following to the International Student Coordinator as attachments in a single email. If you do not submit all of the below information, you will continue to accrue days of unemployment. SEVIS will terminate the record of any student who exceeds 90 days unemployment, including if you are working but never reported the work.

After you send this information to the Coordinator by email, they will print a new I-20 and send it to the address you provide. Signatures on OPT I-20s last for six months.

1. Work description written by you: This is your chance to explain to the Department of Homeland Security how your job relates directly to your degree. Your statement will be copied and pasted directly into SEVIS. You are limited to 1000 characters (about one paragraph). Be prepared to provide government agents further justification for your job if requested. Do not work any job that is not directly related to your degree field and is not commensurate with your academic degree level.
   • Include the following in your paragraph to make your argument clear and persuasive to government agents:
     1. Job Title
     2. Job Description
     3. List of MSU courses that connect to your on-the-job tasks

2. Special OPT hire letter written by your employer. You will need to provide this list to your employer so that they can include all of the following in your letter. Most hire letters do not automatically contain all of this information, so you will need to request it specifically.
   • Employer name
   • Employer EIN (usually available from Human Resources)
   • Job Title
   • Start Date
   • End Date
   • Hours per week (full-time is defined as 20 or more hours per week)
   • Address where work will take place
   • Supervisor Name
   • Supervisor Telephone Number
   • Supervisor Email Address

3. Include the following updates:
   • Picture of the front and back of your EAD card.
   • Confirm your current mailing address.
   • Report any change of employment, which requires you to submit a fully updated hire letter and work description. If you had previous employment on OPT, specify the end date of your previous employment.
   • Report any changes to your name.

Avoid going over the 90 day unemployment limit: Remember, the only way USCIS knows you have not exceeded 90 days unemployment is by providing a detailed letter of offer and work description to the international student coordinator. If you do not provide an official hire letter and work description, your SEVIS record will be automatically terminated by the system 90 days after your OPT begin date on your EAD card. Allow at least two weeks for your work information to be added to SEVIS by the International Student Coordinator.

Minot State Students have had their SEVIS records automatically terminated for failing to report work or for going over 90 days unemployment. ICE agents take these violations very seriously and do follow up on these cases. Be aware that DSOs are required to cooperate with all federal government requests.

Employer questions: Please be aware that Minot State DSOs can only advise on student responsibilities while on OPT and cannot speak directly to your employer. If your employer has any questions about hiring a student while on OPT that you (the student) cannot answer, the employer will need to speak with their own legal team, accounting/tax professionals, or refer to information from the Department of Labor. Minot State cannot advise employers. 

OPT requests are between the student and USCIS. Minot State's only role in the process is to maintain the students SEVIS record during F-1 status. 

After OPT: Once your EAD card is expired, you will have a 60-day grace period (as long as you did not exceed the unemployment limit). You may not work during the grace period and and your F-1 status ends when you exit the U.S. during the grace period. Before the end of the 60 day grace period you must do one of the following:

1. 1. Depart the U.S. and end your F-1 status.
   2. Apply for a different visa status, utilizing the help of a lawyer and/or your employer.
   3. Transfer to a new academic program that starts right away. The transfer process must be fully completed within the grace period. Your SEVIS record will automatically complete on day 61. If you need to transfer to another U.S. institution, you can request that your SEVIS record be transferred at this link.

Request for Evidence (RFE): If you receive an RFE from USCIS, respond by following all of their directions immediately. You can read more about Requests for Evidence on USCIS' website. USCIS can request detailed information about your course history, syllabi, grades, past practical training, and much more. It is the student's responsibility to respond to all aspects of the REF in a timely manner. You may need to request a new I-20 from the International Student Coordinator if your I-20 will be more than 30 days old when USCIS receives the RFE response from you.

OPT Denial: United States Citizenship and Immigration Service (USCIS) has sole discretion over whether to approve or deny your OPT application. USCIS often does not provide a reason for OPT denials. There is no formal appeal process for OPT, but you can contact an immigration lawyer to ask about your options. Minot State University does not have a role in this process. You should carefully consider leaving the U.S. immediately because you may begin accruing days of unlawful presence upon denial. 

Going over 90 days unemployment: If you exceed 90 days unemployment, you should leave the U.S. immediately and request that your F-1 status be ended in SEVIS. The same consequences occur if you begin work but fail to report it.

EAD card not delivered: USCIS will not allow mail to be forwarded and is VERY picky about addresses. If your EAD card is returned to USCIS by the U.S. Postal Service, it can take several months to be resent. You will accrue days of unemployment during that time and will not be able to begin work until you have the EAD card in hand. If you do not receive your EAD card within 5 months, you should contact USCIS directly by following the directions on USCIS's website.

USCIS intends to make a signature required for when your EAD card is delivered to you. You must plan to be available when your EAD card is sent to sign for it. 

EAD card is lost, stolen, or destroyed: If your EAD is lost, stolen or destroyed, you must request a replacement EAD by filing a new Form I-765 and additional filing fee. See USCIS's website for replacement application directions.

Disclaimer: The Office of International Programs is able to provide you with general guidance.  However, any advice provided to you by our office, as well as the information on this website, should not be construed as legal advice. Additionally, due to the fluid nature of governmental interpretation, USCIS may change its interpretation of these immigration laws/regulations and eligibility requirements for benefits, at any time.  We will do our best to provide you with the most current guidance.  Each case is fact-specific and it is advised that you contact an experienced immigration attorney if you have questions regarding your situation.

OPT requests are between the student and USCIS. Minot State's only role in the process is to maintain the student's SEVIS record during F-1 status. 

Students with degrees in DHS designated “STEM” fields may be eligible to apply for a 24-month extension of OPT. Visit our 24-Month STEM OPT Extension page for more information 

• After your I-20 program end date while your OPT application is pending.
• After your EAD card expires, during the 60 day grace period after OPT.

Study Restrictions: If you want to begin a new program of study, you must forfeit all remaining OPT and your EAD card becomes invalid when the SEVIS transfer occurs.

F-1 regulations only allow for "Recreational and avocational" study while on OPT. Classes must be totally unrelated to your education or career, such as a community yoga or cooking class. To best protect your status, we recommend that you not take any academic classes. The safest option is not to take any classes of any kind while on OPT.

"USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD)." USCIS News Alert

Health Insurance Extension: Students working on OPT are eligible for a 90-day continuation of their United Healthcare insurance coverage. Instructions for purchasing the 90 day extension can be found on our International Insurance page. The 90-days should be long enough for you to identify and purchase an alternate policy on the marketplace: www.healthcare.gov