International students in F-1 status have the ability to work while pursuing their academic programs. Unless an exception applies, F-1 visa holders are limited to on-campus employment in their first academic year but have additional options in subsequent academic years. There are three primary types of work authorization available to international students: Curricular Practical Training (CPT),Optional Practical Training (OPT), and STEM OPT. The main differences between the three are their respective durations of eligibility, the type of work allowed in each program, and that CPT is only available while enrolled, while OPT and STEM OPT allow for up to 12 or 24 months of work eligibility post-graduation.
Curricular Practical Training allows students that are actively enrolled in a degree-granting program to receive off-campus training at a U.S. location. The training must be closely and integrally related to the student's program of study. The student must have completed at least one academic year before he or she is eligible for CPT. ?An exception to this requirement exists for students whose graduate programs require immediate involvement in practical training.This is authorized by the university rather than the U.S. government.CPT also allows students to receive monetary payments; however, employers and students must be aware that receiving any monetary or non-monetary benefit may be considered employment by the U.S. government, even if the student is not officially classified as an employee.While the CPT application process involves collaboration between the student and the school's Designated School Official (DSO), the prospective U.S. employer may be required to present an employment letter to the DSO that explains the job opportunity.The DSO is an employee of the respective university, and acts as a liaison between the student, the university, and the government. This individual is often well-versed on F-1 student matters.
In contrast with CPT, Optional Practical Training can be used either before or after the student completes the degree-granting program. OPT acquired?beforedegree completion is known as?Pre-Completion OPT in contrast to?Post-Completion OPT which occurs after the student has finished the degree-granting program.The OPT position must directly relate to the student's degree program (though it is not regarded as part of the student's academic curriculum).Unlike CPT, OPT is does not require a specific sponsoring U.S. employer. OPT allows part-time as well as full-time work. Graduates on Post-Completion OPT are required to work at least twenty hours per week. Eligible students have a maximum of twelve months of OPT; time spent working under OPT before and post-graduation is allocated towards this twelve month maximum. An OPT application must be submitted directly to the United States Citizenship and Immigration Services (USCIS). Although employers have little to no participation with the OPT application process (as OPT is not employer specific), students may need an employment verification letter to travel internationally.?Employers must also report changes in the employment details such as modifications to job responsibilities. A student can be made ineligible for OPT if he or she has CPT work authorization for over a year.
Furthermore, students who have earned a bachelor's degree or higher in a STEM (science, technology, engineering, math) field may be eligible for an additional two years of work authorization under the STEM OPT program. Students must be in their initial period of regular post-completion OPT to apply for the extension.They are required to work at least twenty hours per week in a position that directly relates to their STEM degree.As STEM OPT is employer-specific (unlike OPT), a job offer is required. However, the employer is not obliged to submit the work authorization application on the student's behalf. There are additional employer obligations with STEM OPT. The U.S. employer must report a student's job responsibilities and needs to review and sign-off on the student's Form I-983 training plan, which includes a confirmation that the employment will not displace a U.S. worker.If a material change occurs to the student's job, the U.S. employer must review and sign a new Form I-983 training plan. The employer should also review and sign two student self-evaluations, as needed. Moreover, STEM OPT regulations allow the Department of Homeland Security (DHS) to?visit employers?who have hired STEM OPT students to confirm that the student is following the recorded training plan.
It is important to note a few items. First, eligibility for both CPT and OPT granted during undergraduate studies renews once an advanced degree program begins.Also, CPT and OPT guidelines can vary by school; so, it is important to collaborate with the DSO. The DSO will be able to provide appropriate guidance to help ensure that the foreign national student enrolls in the appropriate program. An immigration law firm will be able to provide elaboration and customized guidance as well.
Altogether, CPT and OPT work authorization creates win-win solutions for employers and international students. It offers students the opportunity to demonstrate knowledge/ skills and obtain practical experience while supplying companies with talent that may be difficult to find. When U.S. companies have sufficient talent across its respective workforce, it allows them to potentially expand operations and hire additional workers. Furthermore, CPT and OPT work authorization provides an employer with a way to collaborate with international students. If desired, the employer can look into ways to retain the individual for long-term employment after the student's graduation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
