5/26/2005

The F-1 students who have graduated and were authorized for Optional Practical Training must apply for Employment Authorization Document. However, the USCIS experiences delays in issuing EAD. The question remains whether such F-1 OPT can travel and apply for F-1 visa at the visa posts. 

The U.S. Department of State has sent out cable to the visa posts to advise that the F-1 OPT students are permitted to travel on EAD or I-797 EAD Application Receipt Notice and the visa posts should process the visa applications accordingly. For the DOS cable, please click here. 

This view is shared by the DHS. There is a caveat, though. This practice applies only to F-1 OPT and does not apply to M-1 OPT. For M-1, it is the DHS view that they should not leave the country until the EAD is granted by the USCIS. Indeed, even for F-1 OPT, the NAFSA recommends that the F-1 OPT may leave the country with the approved EAD just for safe side since some of the new immigration inspectors are not well up to date on the rules and practice of the agencies. 

1. Posts are reminded to review the I-20 carefully when adjudicating student visa applications for persons who will continue in a program of optional practical training (OPT) after classes. Page 3 of the student's I-20 must be properly annotated by a designated school official (DSO) before additional time in F-visa status can be approved.

2. Students are eligible for up to twelve months of optional practical training following completion of all course requirements for graduation (not including thesis or equivalent), or after completion of all requirements, per 9 FAM 41.61 note 12.4-2. OPT is separate from a student's academic work, and time for OPT will not normally be reflected during the student's academic program or in the completed study date. 

3. SEVIS records should be updated to reflect the addition of OPT. There should be a new, separate entry in the SEVIS data base indicating an OPT program. If this entry has not been made, an F-1 visa cannot be issued. Students whose SEVIS records have not been updated should contact their school. Consular officers should note that the SEVIS-DOS interface does not include OPT information. The I-20 is the only place where the consular officer can see the OPT information.

4. An optional practical training program is limited to twelve months total. Like other students, OPT students have 60 days following completion of the course or practical training within which to depart the U.S.