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    4.  » F Filing Requirements and Procedures

F Filing Requirements And Procedures

 

An F-1 nonimmigrant student engaging in On-Campus Employment may commence work as soon as the student is admitted in F-1 nonimmigrant status.

An F-1 nonimmigrant student wishing to engage in Off-Campus Employment as a result of severe economic hardship must request a recommendation from the Designated School Official (“DSO”). Typically, the DSO completes a certification in SEVIS. The DSO may recommend the student for work off-campus for one (1) year intervals by certifying that the student has been in F-1 nonimmigrant status for one (1) full academic year, the student is in good standing as a student and is carrying a full course of study, the student has demonstrated that acceptance of employment will not interfere with his carrying a full course of study, and the student has demonstrated that the employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond the student’s control, and that On-Campus Employment is unavailable or would otherwise be insufficient to meet the needs of the student that have arisen as a result of the unforeseen circumstances.

The F-1 nonimmigrant student should submit the economic hardship application for employment authorization on Form I-765, Application for Employment Authorization, to the USCIS Service Center having jurisdiction over his place of residence. Students at a non-SEVIS school should submit Form I-20, Certificate of Eligibility for Non-Immigrant Student Status, Form I-538, Certification by Designated School, and any other supporting materials such as affidavits which further detail the unforeseen circumstances that require the student to seek employment authorization and the unavailability or insufficiency of On-Campus Employment. Students enrolled in a SEVIS school should submit the SEVIS Form I-20, Certificate of Eligibility for Non-Immigrant Student Status, with the employment page demonstrating the DSO’s comments and certification.

A request for authorization for CPT must be made to the student’s DSO. A student may begin CPT only after receiving his Form I-20, Certificate of Eligibility for Non-Immigrant Student Status, with the DSO’s endorsement.

If a student has obtained one (1) year or more of full-time CPT, then he will not be eligible for post-completion OPT. CPT may be granted on a “part-time” basis (i.e., no more than 20 hours per week) or a “full-time” basis (i.e., more than 20 hours per week). A student working twenty (20) hours or less for two (2) years or a student working more than twenty (20) hours for one (1) year is not eligible for post-completion OPT. As such, part-time CPT does not impact either pre- or post-completion OPT.

F-1 nonimmigrant students must request OPT before the completion of their academic program, but cannot do so any earlier than ninety (90) days before the end of one (1) full academic year.

All students can qualify for a new twelve (12) months of OPT based upon a higher degree level program.

To obtain OPT, the DSO must make a recommendation for OPT under SEVIS. The DSO must indicate whether it will be part-time or full-time OPT, and note the start and end dates. The F-1 nonimmigrant student will be given the SEVIS Form I-20, Certificate of Eligibility for Non-Immigrant Student Status, and he must file the employment page of the SEVIS Form I-20, Certificate of Eligibility for Non-Immigrant Student Status, with an I-765, Application for Employment Authorization, in order that he may obtain an EAD. The student cannot begin employment until he is issued an EAD.

An F-1 nonimmigrant student may apply for his EAD no more than ninety (90) days prior to his program end-date but not later than sixty (60) days after his program end-date. An F-1 nonimmigrant STEM student may apply for an extension of his OPT prior to the expiration of the first twelve (12) month period, and his employment authorization will be extended automatically for one hundred eighty (180) days. As a reminder, an F-1 nonimmigrant student cannot begin employment until the start day on the EAD card, and cannot request a start date later than sixty (60) days after completion of his program. No job offer is required to apply for OPT.