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INFORMATION FOR F STATUS:

 

OPTIONAL PRACTICAL TRAINING

2004-2005

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As a student in F-1 status, you are entitled to up to 12 months of optional practical training during your entire educational career in the United States (Unless you have had 12 months or more of curricular practical training, which disqualifies you from receiving any optional practical training.) You may obtain authorization for optional practical training either before or after completion of a course of study, but all authorized practical training will be counted toward your 12-month limit. However, if you move to a higher educational level, you will be eligible for another 12-month of optional practical training.

Please note that optional practical training requires authorization from the U.S. Citizenship and Immigration Service (USCIS), which typically takes about two months—sometimes as long as three months—to obtain. Keep in mind that it is illegal to begin to work in anticipation of being granted permission to do so; you must have permission first.

Eligibility Requirements

To be eligible for optional practical training you must:

•  have been in student status for at least one academic year;

•  currently maintain a full-time program of study and valid F-1 status;

•  intend to work in a job directly related to your major field of study.

Available Time Periods

If you meet the above eligibility requirements, you may have optional practical training authorized in any of the following periods:

•  During annual vacation and other times when school is not in session, if you intend to register for the next semester

•  While school is in session, provided training does not exceed 20 hours per week

•  After completion of all course requirements for the degree (excluding thesis or equivalent)

•  After completion of the course of study; must be completed within the 14-month period following the completion of study

You do not have to have a job offer to receive practical training authorization. In most cases, however, you might not want to apply without a job offer or firm job prospect because periods of optional practical training cannot be rescinded once the period requested has begun. If you have requested a period of optional practical training but do not work, that period is still deducted from your 12-month total.

Application Procedures

To apply for a period of optional practical training, please bring the following items to the Office of International Programs:

•  a letter or an e-mail from your dean or academic advisor stating the following:
YOUR NAME
is a student in good standing and is maintaining a full-time program of study, which s/he expects to complete in MONTH/YEAR. I recommend that YOUR NAME be granted practical training for PERIOD [exact dates or approximate, e.g., 'summer '98'] for employment related to her studies in YOUR MAJOR FIELD.

•  completed Form I-765; be sure to use an address where you can receive mail over the next one to three months

•  two identical color photographs per instructions

The Camera Shop at 572 Lancaster Avenue in Bryn Mawr (Tel: 610-527-0300) is familiar with the photo requirements. You should print your name lightly in pencil on the back of the two photographs (include the number on your previous EAD if you have one from an earlier period of optional practical training).

•  previously issued and current Form I-20s (OIP will issue you a new I-20 for practical training and make a copy for your application to the Citizenship and Immigration Services Vermont Service Center )

•  a personal check of $175 payable to “US Department of Homeland Security”

•  a photocopy of the front and back of your I-94 card (white card, usually stapled in your passport)

•  a photocopy of your passport information page (and the page including your photograph, if different)

•  a photocopy of the visa page in your passport (except Canadian citizens, who have no visa)

•  if you have had a previous period of optional practical training, a photocopy of your Employment Authorization Document (photo ID card) authorizing your previous practical training

After reviewing these documents to confirm your eligibility, the Office of International Programs will update your information in the SEVIS (Student and Exchange Visitor Information System) and process a new Form 1-20 recommending the requested period of part-time or full-time optional practical training. You then submit your application by mail to the Vermont Service Center for processing. You will first receive a Notice of Action (receipt) with your case number. You can then track your case on-line at https://egov.immigration.gov/graphics/cris/jsps/caseStat.jsp

If your case is approved, an Employment Authorization Document (EAD) will be sent to you.

Please note that the post-completion optional practical training application must be received by the Vermont Service Center by the last day of the semester you are completing your studies. This is an absolute deadline; Vermont Service Center will not grant extension. After this deadline you are ineligible to submit an optional practical training application to OIP and/or the Vermont Service Center and must leave the country within 60 days. To avoid possible deadline problems and delays in processing time, you should submit your post-completion optional practical training application well in advance.

A Note about E-Filing

You are now eligible to submit the optional practical training application on-line using the Citizenship and Immigration Services' Electronic Filing (E-Filing). However, you must also contact the National Customer Service Center to schedule an appointment with the Philadelphia Application Support Center using your Confirmation Receipt page or your official Receipt Notice (Notice of Action). The Application Support Center will collect digital photograph, signature, and fingerprint from you and your appointment. Your application will not be processed by the Vermont Service Center until you have appeared for your appointment at the Application Support Center .

Please see the Office of International Programs for more information if you are interested in using E-filing.

Other Considerations

Please note that it is your responsibility to comply with all immigration regulations that apply to F-1 students, including employment regulations. Working without the proper authorization is a serious violation of your student status. If you fail to comply with your responsibilities, you may not be eligible for benefits normally granted to F-1 students and, in some situations, may be subject to deportation. Therefore you should consult with the Office of International Programs prior to accepting any employment in the U.S.

Processing of Application

Once your optional practical training application is submitted to the Vermont Service Center , there is nothing we can do to help speed-up the process. It is a good idea to plan ahead as you cannot begin to work until you receive your Employment Authorization Document. You can submit your application for optional practical training 90 days prior to completion of studies.

Cancellation of Optional Practical Training

Once your authorized practical training application has been adjudicated, Vermont Service Center will not cancel any authorized period. Inability to find an appropriate job or loss of a job does not allow you to take back or adjust a practical training authorization even if this means you will lose time when you would otherwise have been eligible to work under optional practical training.

Travel Abroad While on Post-Completion Practical Training

If you are on post-completion practical training and travel abroad with the intention of reentering the U.S. in F-1 status, you must have all of the following:

•  a valid passport

•  a valid F-1 visa stamp in your passport

•  your original Form I-20 endorsed for reentry by the Office of International Programs within the last six months

•  your original practical training Employment Authorization Document issued by the Citizenship and Immigration Services

•  proof that you have a job in the U.S. appropriate for practical training (such as a letter from your employer describing your job).

If you do not have all of these documents you should not travel abroad without first consulting with the Office of International Programs. An expired F-1 visa poses a particular problem; it may be difficult or impossible to renew your F-1 visa while you are on practical training.

Taxes

In general, F-1 students who have been in the U.S. in less than five years are exempt from social security (FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer because many employers are not familiar with this provision of the tax laws. If you need more information about the F-1 social security and Medicare tax exemption, please see Internal Revenue Service Publication 519 U.S. Tax Guide for Aliens (available for downloading at http://www.irs.gov/).

Students in F-1 status are subject to all other taxes that may apply: federal, state and local (but check Publication 901 U.S. Tax Treaties to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation (available for downloading at http://www.irs.gov/). Also, you may be able to treat a period of post-completion practical training as an extended business trip and substantially reduce your federal taxes by deducting "travel expenses" (amounts for housing, transportation and a per diem food allowance) from you income. Consult with an accountant or tax attorney to see if you can deduct travel expenses in your circumstances.


Last updated 6/23/2004
by Li-Chen Chin