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International Services Office Policy

Optional Practical Training

8 C.F.R.214.2(f)(10)(ii)

Purpose
This handout is designed for students in F-1 status. It provides information on a type of employment that is available before and after completion of studies.

Definition of Optional Practical Training
Optional Practical Training (OPT) is designed to provide the student with an opportunity to gain actual employment experience in a chosen profession. Its purpose is to complement academic work. OPT falls into four categories:
  • Full or part-time employment during annual vacation if enrolled and intending to register for the next session;
  • Part-time employment (20 hours per week or less) while school is in session;
  • Full or part-time employment after having completed course requirements but not having finished the course of study;
  • Full-time employment after having completed the course of study.
A student may be authorized 12 months of practical training. He/she becomes eligible for another 12 months of practical training when progression is made to each higher educational level.

Part-Time vs. Full-Time Optional Practical Training
Both part-time and full-time OPT count towards the twelve-month total per degree. Part-time training (20 hours per week or less) counts at one-half the full-time rate.It does not matter how few hours the student actually works. Any amount less than 20 counts as part-time and will be deducted at that rate.For example, if the student works for 10 hours per week for two months, she/he will have used one month of optional practical training.

Student Eligibility Requirements
The work must be directly related to the student's major field of study and it must be appropriate for the level of education. The student need not have a specific job offer to apply for OPT but must be aware that time cannot be recovered for portions of the training period that may have been spent searching for employment. The work may be full-time or part-time in accordance with the particular category, and may occur anywhere in the United States.

Application Deadline
To be eligible to apply for OPT, the student must have been in lawful student status for at least one academic year. The earliest a student can submit an application is within the 90 days prior to being enrolled for one full academic year, provided that the period of employment will not begin until after the completion of the full academic year.
A student must complete all practical training within a 14 month period following the completion of study. The student must schedule a timely appointment with the ISO (5-8929) to have all paperwork completed.
Please inform the ISO receptionist of the purpose of the visit.
OPT application submission is not allowed after the completion of the course of study. Mississippi State University considers the 'completion of the course of study" date to be the day before graduation as reflected in the school's official calendar.

Importance of the Actual Date of Completion of the Program of Study
The United States Citizenship and Immigration Services (USCIS) regulations refer to the date of completion of all requirements for a program of study, not to the date the student participates in graduation ceremonies and receives a certificate or diploma. The USCIS recognizes that many students, especially graduate students in thesis, special projects, or dissertation programs, may complete requirements for a degree any time during the year. This means that the last day of the academic term may not be the date the student completes the program requirements. Lawful F-1 status expires 60 days after the completion of program and the student is expected to leave the country by that date unless a timely application for practical training is in process or other arrangements to lawfully remain in the United States have been initiated.

Steps for receiving OPT
  • Review the ISO Home Page to determine if eligible for CPT
  • Make an appointment to discuss OPT with a professional at the ISO
  • Bring a check or money order for $120, two regulation photos, I-94, and passport
If a letter from the Graduate Coordinator is required, the student will be informed.

USCIS photograph requirements
2 photos with a white background, taken no earlier than 30 days before submission. NOTE: On August 2, 2004, the Department of Homeland Security announced a change in the photo standard. Starting September 1, 2004, it will no longer accept the "ADIT style" photographs that required the subject to be in a three-quarter face position. Starting September 1, it will only accept color, full-frontal photographs. For more information on the guidelines for quality photographs, please visit the following website:
http://travel.state.gov/passport/pptphotos/guide.pdf

Suggested photo locations in Starkville
Wal-Mart
1010 HWY 12 West
Ph: 323-0488

Bill Davis Photography
517 University Drive (near Bagel Cafe)
Ph: 323-6966

Wal-Greens
220 HWY 12, Louisville St.
Ph: 323-0848

Authorization by the USCIS
Permission to begin OPT is not official until the student receives an "Employment Authorization Document" (EAD) card from the USCIS. The USCIS work permission on the EAD will begin either on the date reflected by the ISO's recommendation on the I-20 or on the date the EAD is issued.

Actual Date OPT May Begin
The student may not begin work until both of the following requirements are satisfied:
  • The student has obtained an EAD from the USCIS; and
  • The date is reached when the EAD authorizes employment to begin.
Employment Eligibility Verification
When the student begins work, the employer must complete the "Employment Eligibility Verification," (Form I-9) which the employer retains.

Tax Concerns
In general, F-1 students who have been in the United States less than five years are exempt from Social Security (F.I.C.A.) taxes. Earnings are subject to applicable federal, state, and local taxes. Students must file a tax return on or before April 15 of each year (Form 1040 NR). Students may be entitled to a refund of taxes withheld from their wages if the amount of tax owed is less than the amount withheld.

Change of Employer after OPT Has Been Authorized
The student may change employers after having begun authorized employment provided the new job is:
  • Directly related to the major field of study and
  • Appropriate for the level of education held by the student.
***Students must inform the ISO of current and future employers' addresses as well as their residence addresses while on OPT.

Travel Outside the United States
Reentry provisions of regulations require students on OPT to present:
  • I-20 endorsed for travel by the ISO "within the last 5 months";
  • Current EAD
  • Current F-1 visa
  • Valid passport.
  • Letter from prospective or current employer (highly recommended)
Students who do not meet these requirements may not be allowed to reenter the United States. In addition, if the student is coming back to the United States after completion of studies and does not already have a job, she/he may have trouble entering the United States, especially if a relatively long period of time has passed since completion of studies. Be sure to consult with the ISO when contemplating travel outside the United States and reentry to continue OPT.

Authorization May Not Be Rescinded or Deferred
Once authorization to engage in OPT is granted and the EAD is issued, unexpected delays in completing degree requirements, inability to find an appropriate job, or loss of a job may reduce the time the student has available for work.

Further Information
Additional information on F-1 employment is available from the ISO. The professional staff can advise about federal regulations governing non-immigrant student status.

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Last modified: 08/24/2004 || URL: http://www.iso.msstate.edu/policies/opt.php
Technical problems, contact the Help Desk.
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