The OPT Decision: Key Questions and Answers

A Resource Students Can Share

Last year brought about a worldwide pandemic and a host of anti-immigrant legal changes to the U.S. This year is treating students to unprecedented processing delays and still more legal changes. It’s no wonder many international students are beginning to doubt their futures here.

But before current international students in the U.S. book their flights home, students should consider the long-term. Opportunity still knocks, especially for students looking to graduate this spring. Work experience will always be valuable, and the OPT program remains open to those looking to step confidently onto their career path in the U.S.

 

What is OPT?

Optional Practical Training (OPT), allows international students to gain on-the-job experience in their field of study. Eligible F-1 visa students qualify for 12 months of OPT, which they can use either before or after graduation. Most will choose post-completion OPT and are able to provide an Employment Authorization Document (EAD) showing start and end dates corresponding to their period of legal employment in their major field of study. However, students who receive a qualifying bachelor’s degree (or higher) in a STEM field can take an additional 24-month extension through the STEM OPT program. For both programs, international students must graduate from a Student and Exchange Visitor Program (SEVP)-certified institution.

In recent years, OPT has become an even more popular option than the H-1B visa program. Unlike H-1B visas, the OPT program doesn’t require employer sponsorship, nor does it cap the maximum number of participants. For further reading, we recommend this FAQ page from the National Association of Graduate-Professional Students.

 

Who is Eligible for OPT?

Besides attending or graduating from a SEVP-certified institution, international students who want to apply for OPT must meet the following criteria:

  1. They have completed a minimum of one academic year as a full-time student by the requested OPT start date AND
  2. They maintain a valid F-1 status during the application process AND
  3. They have not previously completed OPT time at the same degree level.

 

What is the Biggest Challenge for OPT Applicants?

The biggest challenge for applicants today is something they have no control over: long processing times.

In January of 2021, USCIS issued an alert indicating the large number of applications received, combined with an overwhelmed postal service and restrictions related to the COVID pandemic, are causing significant delays, especially for F-1 students filing for Employment Authorization.  As of early 2021, students are waiting 4 to 8 weeks for a receipt, and applications are taking anywhere from 3 to 8 months to process.

It is important to remember that these processing delays will not impact the received date, which is postmarked on all applications on the day of their arrival at the lockbox. Lockbox processing times can be found at any time on this USCIS webpage. The USCIS recommends waiting a minimum of 8 weeks before contacting them regarding an OPT case.

 

How Does OPT Benefit International Students?

As many international students take to Twitter to vent their frustrations, others may be left questioning whether the OPT program is even a good fit for them anymore. This is a huge shift in mindset, especially since a 2017 survey showed 73% of students chose to study in the United States because of the opportunity to gain U.S. work experience.

While these delays can be both stressful and scary, there are still a lot of upsides to the OPT program to remember:

  1. Students can use the OPT program to extend their stay in the U.S.
  2. Students can gain paid (or unpaid) experience in their field of study.
  3. Students can negotiate a more permanent job with employers willing to sponsor work visas.
  4. Students in the OPT program pay less in taxes than those with an H-1B visa.

 

When Should an International Student Apply for OPT?

The OPT timeline varies according to the type of extension you will be filing for:

  1. Students filing for pre-completion OPT may apply up to 90 days before completing their full academic year, but only after their designated school official (DSO) enters the recommendation into their SEVIS record. Remember, the OPT cannot begin until after the full academic year has been completed.
  2. Students filing for post-completion OPT may apply up to 90 days before and 60 days after completing their degree, and must do so within 30 days of their DSO entering the recommendation into their SEVIS record.
  3. Students filing for the STEM extension may apply up to 90 days before their current OPT program expires, and must do so within 60 days of their DSO entering the recommendation into their SEVIS record.

International students can use this OPT timeline calculator to calculate their grace period and recommended OPT start date based on their current academic program. Students can also use this timeline as a visual reference:

How Does an International Student Complete Their OPT Application?

As international students close in on Spring 2021 graduation, now is a great time to discuss OPT with their advisors. If OPT is the right option, the DSO begins the application process by endorsing Form I‑20 (Certification of Eligibility for Nonimmigrant Student Status) and recommending the student for OPT in SEVIS.

Students need to complete Form I-765 (Application for Employment Authorization with USCIS), supply the required documentation, and pay the $410 filing fee before their deadline. Students can access detailed instructions on the USCIS website (under “Forms and Document Downloads”) and reach out to their advisors with questions. Once the application is submitted, students can track its progress at the USCIS Case Status webpage using their receipt number.

How Does an International Student Remain Insured When Transitioning to OPT?

As international students move forward with their OPT applications, it is important to have a conversation about health insurance. Many students may not realize that their F-1 health insurance will expire when their time as a full-time student comes to an end. And even if they begin their OPT the day after graduation, many companies enforce a waiting period where new hires remain uninsured for 30 to 90 days. The problem is, students still need coverage and protection during this gap. Going uninsured in the U.S. is highly risky and could result in hundreds of thousands or even millions of dollars in medical bills.

The solution is OPT health insurance from Lewerglobal. Our plans are built specifically for international students, and the OPT plan is built especially for this gap in coverage. If you have questions or want to discuss OPT health insurance in more detail, you can contact us via email and live chat on our website.

 

Key Takeaway

While legal changes and delays have been making trouble for international students, OPT remains a highly valuable opportunity. As the situation progresses, we are hopeful that students will still choose to move forward with OPT, knowing Lewerglobal OPT Health Insurance has them covered.

 

The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader; The Lewer Companies does not recommend or endorse the contents of third-party sites. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader and website authors, contributors, or committee members and their respective employees.
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