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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:
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
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:
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:
Travel Outside the United States Reentry provisions of regulations require students on OPT to present:
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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08/24/2004 ||
http://www.iso.msstate.edu/policies/opt.php Technical problems, contact the Help Desk. |
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