F-1 Employer Guide

CPT OPT OPT STEM Ext

Curricular Practical Training

Curricular Practical Training (CPT) is a type of authorization that may be granted by Marymount University’s Office of International Student and Scholar Services to an F-1 student whose training is “an integral part of an established curriculum” and “directly related to the student’s major area of study” such as an internship requirement [Federal Regulation 8CFR 214.2(f)(10)].

The purpose of CPT is to allow the student to gain practical experience in their field of study. Authorization is by semester and is associated with a Marymount course.

The student is not permitted to start work until they have received CPT authorization on their Form I-20 and cannot begin work before the start date or continue work after the end date specified on page 2 of the Form I-20.

• Marymount F-1 students must be enrolled in an internship, practicum, or clinical course before requesting CPT approval from ISSS.
• CPT may be paid or unpaid.
• CPT is authorized for a specific employer and for specific dates only.
• The student must be supervised by an expert who can serve as a mentor for the student’s learning and training experience.
• The position must be directly related to the student’s major field of study and commensurate with the student’s level of study.
• The experience must provide training that will allow the student to apply concepts learned in his/her degree program in a practical setting.

General Steps

1. Student works with the Center for Career Development and Community Engagement or academic program to find an internship / practical training opportunity.
2. Student reports their offer and starts the process to obtain approval from their academic department to register for the appropriate course. A valid employer offer letter is required by this stage.
3. After the student has a valid offer letter and is confirmed registered in the appropriate course, then the student submits their request for CPT approval to ISSS through an online system.

Optional Practical Training (post-completion)

Post-completion Optional Practical Training (OPT) is a type of USCIS-issued work authorization for up to 12 months after a student completes their degree requirements. The student is responsible for OPT application and reporting requirements. The student may not begin work prior to receiving their Employment Authorization Document (EAD) and cannot begin prior to the start date on the card.

• Employment must be directly related to the student’s major area of study.
• Student must work at least 20 hours per week.
• Students must meet reporting requirements to maintain F-1 status.
• Students do not have to have an employment offer before requesting OPT authorization.
• Work may be paid or unpaid.

OPT STEM Extension

Students applying for OPT STEM Extension must have an employment offer in hand and the position must be paid. Student must work at least 20 hours per week in a field directly related to their STEM degree. Also, the employer must be e-Verified.

e-Verify

The U.S. Department of Homeland Security (DHS) requires that an F-1 student on STEM OPT must have an employer who is enrolled in the USCIS e-Verify program.

• Check if your organization is already e-Verified
• How to enroll in e-Verify  (free)
• Webinars (free)

What is the I-983 and what are the employer’s responsibilities?

The U.S. Department of Homeland Security (DHS) requires that the OPT STEM Extension student and employer work together to complete Form I-983. Properly completing this form will successfully document the relationship between the STEM OPT opportunity, the academic degree received, and the learning objectives of the F-1 student.

More information can be found on DHS’s Study in the States website.

When can a student apply for STEM OPT?

Students can apply for their OPT STEM Extension up to 90 days before their post-completion OPT expiration date on their Employment Authorization Document (EAD). The student must submit a complete application to USCIS before their post-completion OPT period ends.

• Per U.S. Department of Homeland Security (DHS), as long as the student files their STEM OPT Extension application on time, if the post-completion OPT period expires while the STEM OPT Extension application is in pending status, DHS will automatically extend the employment authorization for 180 days.

When does OPT STEM Extension occur?

The employment authorization period for a 24-month OPT STEM extension begins on the day after the expiration of the initial post-completion OPT employment authorization and ends 24 months thereafter, regardless of the date the actual extension is approved. (See 8 CFR 274a.12(b)(6)(iv))

• Students can provide their employer with the Code of Federal Regulations, citing the above passage to show the STEM OPT Extension begins automatically after the end of their OPT.

What is the STEM OPT Automatic Extension?

Students are authorized to continue employment up to 180 days after the expiration of the post-completion OPT if they have “timely and properly” filed a STEM OPT Extension application with USCIS. (See 8 CFR 214.2(f)(11)(i)(C))

• Students can show their employer the Code of Federal Regulations, citing the above passage in combination with their STEM OPT Receipt Notice (I-797) to prove that they have timely and properly filed the STEM OPT Extension application.

How do employers update an I-9 without a STEM OPT EAD?

Students should update their I-9 with their employer for the automatic STEM OPT Extension.

• Students can show their expired EAD, signed STEM OPT Recommended I-20, and STEM OPT Application Receipt. The employer should enter the following information under List A in Section 2 of the I-9:
  • EAD document title
  • EAD document number
  • Date the EAD expired in the expiration date space; and
  • “180-day ext.” in the Additional Information field.
• If the employer has additional questions about documentation that is acceptable for I-9 purposes during the 180-day period, they can visit the USCIS Form M-274 Handbook for Employers or USCIS I-9 Q&A.

Do I have to report if a student’s employment is terminated?

Employers must report any change in employment to Marymount University’s Designated School Official (DSO) within 5 days after the student’s employment terminates or the student has departed. Contact .

Where can I find additional resources on STEM OPT?

Please review employer STEM OPT reporting requirements.

Additional resources for students and employers regarding STEM OPT are found at the DHS STEM OPT HUB.

 

 

 

 

09/30/2024