An F-1 Student’s Guide to Work Authorization – Steps and Procedures
June 6, 2023
By: Amy Fallon
As summer internship season is upon us, this blog is directed to international students and explains the steps for proper work authorization work for those interested in working in the US during the summer.
An international student typically holds F-1 status, and can obtain work authorization in one of three ways: Curricular Practical Training (CPT), Pre-Completion Optional Practical Training (OPT), or Post-Completion OPT, which can be extended for F-1 students with STEM degrees.
An F-1 student applies for US work authorization without assistance from an employer. Specifically, you apply for CPT or OPT approval with your educational institution’s designated student official (DSO).
Curricular Practical Training
Curricular Practical Training (CPT) is available while you are enrolled in your studies and can be used for internships, cooperative education, or other practicums that a sponsoring employer offers in conjunction with educational institutions. CPT is often used during the school year, and can be used part-time, for no more than 20 hours per week. CPT can also be used full-time, for more than 20 hours per week, making it an option for summer internships or jobs/internships during the school year.
To qualify for CPT, you must do the following:
- Complete one full academic year at a Student and Exchange Visitor Program (SEVP) certified educational institution. There is an exception for graduate F-1 students whose program requires immediate CPT.
- Receive authorization from your DSO, who submits the request to Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Information System (SEVIS)
- The employer must prepare an offer letter, which the F-1 student must sign and present to the DSO before CPT is recommended.
- Upon approval, the DSO will give you an updated Form I-20, which indicates your CPT authorization and lists your employer.
You will not be issued an employment authorization document (EAD), so you can plan on starting within a few days of requesting authorization from the DSO.
While CPT is a great option for the short-term, it is important to keep in mind that if you complete one year or more of full-time CPT-authorized work, you will be ineligible for post-completion OPT (discussed below) after you graduate.
Pre-Completion Optional Practical Training
Optional Practical Training (OPT) is temporary employment related to your area of study, for up to 12 months. You can apply for OPT employment authorization before graduating.
With pre-completion OPT, you can work while school is in session for 20 hours or less per week, or, when school is not in session, full-time.
To qualify:
- You may apply for pre-completion OPT after you have been enrolled full-time for one full academic year at an educational institution certified by SEVP.
- You should contact your DSO, who will recommend you for pre-completion OPT in SEVIS.
- Remember to apply up to 90 days before completing a full academic year, and to not start your OPT employment until you have finished your first full academic year.
- Once approved, you then apply for an employment authorization document (EAD) with Form I-765, Application for Employment Authorization, which you can file by mail or online. The EAD may take three to five months to be issued.
Once you receive your EAD card, then you are permitted to work until its expiration date.
It should be noted that if you combine pre-completion OPT and post-completion OPT (discussed below), after you graduate, the time used for work during pre-completion OPT will be deducted from your allotted period of total post-completion OPT work authorization. Therefore, CPT may be a better option for working while you are a student and for summer internships, if you want a full 12 months of OPT after graduation.
Post-Completion Optional Practical Training
Post-completion Optional Practical Training (OPT) is work authorization available after completing your degree. OPT work authorization is for up to twelve months.
To apply:
- The DSO will enter your recommendation into SEVIS.
- You can apply up to ninety days before completing your degree, but no later than sixty days after graduation.
There are also travel implications if you leave the country while your post-completion OPT is pending.
Within thirty days of the DSO’s recommendation, you can then apply for employment authorization (discussed above). Even F-1 students who were approved for pre-completion OPT must reapply for post-completion OPT. Once you receive your post-completion OPT EAD card, you can work until the EAD’s expiration date.
To maintain your immigration status, it is required that you work at least 20 hours per week with the employer listed on your Form I-20.
Science, Technology, Engineering and Math (STEM) Optional Practical Training Extension
If you earned your degree in the United States in certain STEM fields, you may be able to apply for up to an additional twenty-four months of employment authorization. To qualify, you must have already been approved for post-completion OPT and it must be nearing its completion.
On the employer’s end, several requirements must be met:
- The employer must be enrolled in U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment eligibility verification program.
- The employer and the F-1 student must complete, and sign Form I-983, Training Plan for STEM OPT Students, which sets a formal training plan and learning objectives. This is then submitted to the F-1 student’s DSO.
- Employers must also report to your educational institution’s DSO if you are terminated or leave your employment before the end of your STEM OPT period, within five business days.
It is the F-1 student’s responsibility to:
- Report to the educational institution’s DSO every six months to confirm your personal information and employment status.
- You must also complete an annual self-evaluation and report it to your DSO.
- Be mindful, as with pre and post-completion OPT, that you must work a minimum of twenty hours a week with your employer.
Additionally, you and your employer must report to the DSO any material changes or deviations from the training plan.
Need to know more?
CPT and OPT are wonderful opportunities for international students to gain employment experience in the US. If you are a student, please do not hesitate to reach out to Partner Amy Fallon at [email protected] who can explain the process further.
This blog was published on June 6, 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.