Employment Info for Student and Employer
See the resource below for information on how to talk to your potential employer about hiring international students.
What Employers Should Know about Hiring International Students
OPTIONAL PRACTICAL TRAINING (OPT)
This employment authorization allows a F-1 student to work a paid or unpaid job related to their major. OPT employment may be done while school is in session or during vacations for monetary compensation or academic credit during your practical training; however, Mac international students tend to utilize OPT for after graduation. Any pre-completion OPT (before graduation) will reduce post-completion time available.
A job offer is not required in order to apply for OPT. Processing and approval of the Employment Authorization Document (EAD) for OPT may take 3-5 months or more. If you plan to work the summer after graduation and before starting U.S. graduate school in the fall, you must apply for OPT employment authorization for any paid or unpaid position. If you complete a new degree at a higher level in the U.S., you are eligible for another 12 months of OPT. For example, if you complete a Bachelor’s degree, receive OPT, then you complete a Master’s degree, you are eligible for 12 more months of OPT.
Application Process
Applications may be submitted no more than 90 days before program completion and within 60 days of program completion while you are in the U.S. As of April 2021, you can file Form I-765 application for OPT online (or via mail).
Whether applying via mail or online, you need to prepare or complete these relevant documents/forms (make copies for yourself) before your appointment with ISP staff, Aaron, Kara, or Luyen. The appropriate documents should be included if mailed to USCIS, and uploaded with I-765 if applying online.
- Complete Mac’s OPT Application Supplement
- Two passport-style photos taken within 30 days at Walgreens, CVS, etc. (FedEx not recommended)
- Write lightly in pencil or felt pen your name and I-94 number) on back of photos (or card envelope if available).
- Upload with I-765 if applying online.
- Check or money order for $410 made out to the Department of Homeland Security.
- See the following for more information on how to write a check and what a money order is. Purchase money order from bank, post office or other businesses.
- Payment with a valid U.S. based credit card is possible (non-US cards may be rejected). If applying by mail, submit Form G-1450 Authorization for Credit Card Transactions.
- Completed Form G-1145 E-Notification of Application/Petition Acceptance
- If applying by mail, optional but recommended, and you will receive a text message or email when USCIS receives your application. If you submit a paper form and your receipt number begins with IOE, USCIS will mail you a letter about creating a USCIS online account. The letter has user codes (valid for 90 days) you will need to create an online account. With an account, you can sign up for automatic case alerts, see processing times, upload evidence, update your address, and send USCIS secure messages using any device.
- If applying online, you will get electronic notification and likely a receipt letter by mail after submission.
- Completed Form I-765 Application for Employment Authorization
- If applying online, ISP asks you complete paper I-765 so we can review your answers before you submit them online.
- If you are applying by mail and can’t type your answer in the I-765, then handwrite response.
- For Line 1.a., check “Initial permission to accept employment.”
- For Lines 5.a.- 7.d., Use a mailing address that will be valid beyond graduation or at least 3-5 months after OPT application submission. During the COVID-19 pandemic, ISP staff is working from home and will not be able to check campus mail.
- For Line 7.a. Applicant’s Signature – DO NOT SIGN electronically. Use a pen and sign it by hand only after printing out Form I-765.
- For Line 27 Eligibility Category, enter code (c) (3) (B) for post-completion or graduation OPT; (c) (3) (C) is for STEM OPT extension, and (c) (3) (A) is for pre-completion.
- Submit all pages even if they are blank.
- Copy of passport photo page (valid passport at least 6 months into future) – mail paper copy otherwise upload with online I-765.
- Copy of F-1 visa page – mail paper copy otherwise upload with online I-765.
- Copy of recent Form I-94 (not travel history) – mail paper copy otherwise upload with online I-765.
- ISP will print CPT history if applicable – mail paper copy otherwise upload with online I-765.
- Make an appointment with Aaron, Kara, or Luyen to review your application material.
- ISP must issue new I-20 for you to submit with your application
- Don’t forget to sign your new I-20.
- Complete OPT application must be received by USCIS within 30 days of new I-20 issuance, failure to include I-20 recommending OPT will result in application’s rejection.
- Check the status of your OPT application after you receive a receipt letter (Form I-797 Receipt Notice) and number from USCIS.
- Any updated messages may not be detailed. Upon approval date EAD (or OPT card) may take 10-14 days to arrive.
- EAD will show dates of your employment authorization: Valid From (start date); Card Expires (end date)
- If you receive a Request for Evidence (RFE), contact ISP immediately with the notice.
- Time to complete authorization process: 90-150 days.
- If not submitting OPT application, Form I-765 online, send materials to the USCIS Chicago lockbox depending on mailing method:
| U.S. Postal Service (USPS) use tracking service:
USCIS |
FedEx, UPS, and DHL deliveries:
USCIS |
Reporting Requirements While on OPT
NOTE: Failure to report may result in termination of F-1 status.
1. Submit copy of your OPT Receipt Notice (Form I-797) and new EAD to ISP; we issue you a new I-20 with approved OPT status you’ll need for your record and employer.
2. SEVIS regulations requires that you report the following within 10 days of their change via Student Exchange Visitor Program (SEVP) Portal or through ISP SEVIS Update Form:
- U.S. home and mailing address
- U.S. and foreign telephone numbers
- Employer name and address
- Supervisor name and contact information
- If you depart the U.S. and not returning (ending your OPT), change your legal name, or your employment changes or ends, please report that directly to ISP SEVIS Update Form.
3. Reporting other information
- Notify ISP if you decide to permanently depart the US during your OPT.
- Notify ISP if you change your visa status during your OPT.
- Work 21 hours per week in one or more jobs related to your major to stop your 90-day unemployment clock.
Frequently Asked Questions
Q: What status am I in while on OPT?
A: OPT is benefit and continuation of your F-1 status.
Q: Do I need a job to apply for OPT?
A: No.
Q: When should I file for post-graduation Optional Practical Training work option?
A: ISP’s recommendation is that you apply for OPT 90 days before your program end date (which may not be same as graduation date), which can be seen on Page 1 of your I-20. If you file by this time, you will hopefully receive work authorization card around the time you graduate.
Q: When must I file by?
A: If you don’t file within 60 days from program completion date (see your I-20 and be aware it may be different from graduation date), you must depart the U.S. unless you are beginning U.S. graduate school program in the subsequent term. Your F-1 visa status with Macalester ends upon graduation. Check OPT Petition Status here
Q: How long does OPT allow me to work?
A: It allows you to work up to 12 months full-time paid or unpaid. Your OPT must be completed within 14 months of your graduation date.
Q: I have been offered a job after graduation and my employer has agreed to sponsor my H1-B Visa. Do I still need to file for OPT?
A: H1-B visas are not issued until October. Unless your job begins later than October, you need to file for OPT in order to begin working before October.
Q: Can I leave and return while my OPT is pending? What about after it’s approved? Or while I’m working on OPT?
A: Ask Aaron, Kara, and Luyen about your specific situation. There are a lot of answers depending on if you have a valid visa, a job, job offer, length of stay, graduate school plans, etc. Some general information on re-entry into the U.S. while on OPT can be found at U.S. Immigration and Customs Enforcement (ICE) travel page.
Q: Is there a limit on how long I can be unemployed?
A: 90 days of unemployment from approved OPT start date, and must leave the U.S. if exceed 90 days. During your employment period, you must work or volunteer in your major for at least 21 hours a week to qualify as full-time employment (this is different than perhaps 40 hours normally considered by employers). However, if your employment is terminated or interrupted in some way and no more than 10 days passes in between starting a new job, no time will be deducted from the 90-day clock.
Q: I have applied to enter U.S. graduate school in the fall. Should I apply?
A: We highly recommend you obtain OPT authorization as a back-up plan. Even if you are going to U.S. grad school in the fall, you can still work during the summer with OPT. OPT employment will end on the date your SEVIS record is transferred to your new school.
Q: What if I have a change of address during my employment?
A: You must report EVERY change of name or address (personal and employment) within 10 days of the change to ISP. Also report changes in your employer or employment status. You can report most changes via via Student Exchange Visitor Program (SEVP) Portal or through ISP’s SEVIS Update Form:
Q: Should I apply for OPT before I renewing my passport?
A: If your passport is about to expire, you should apply for OPT before renewing your passport. If you have applied for new passport and waiting for it to be issue, include proof that you’ve applied.
Q: After OPT I found a job, or I have changed employers? Do I need a new I-20?
A: Contact ISP or submit update through ISP SEVIS Update Form. Every new job requires a new I-20 (which is needed as part of your I-9 Employment Verification as well) to reflect your employment information as well as show your OPT approved status. ISP will send you a new I-20.
Q: Can I study while on OPT?
A: Studying while on OPT is generally prohibited. Enrolling full-time, taking classes at a higher educational level, or taking courses at another institution will terminate your employment authorization, even if the dates on your EAD are still valid. In limited circumstances, you may enroll part-time in courses at or below your most recent program level as long as courses do not lead to any certificate, diploma, etc. ISP recommends caution about beginning any kind of professional formal training outside of the work place. You must notify ISP of any enrollment at least 2 weeks before classes begin. We will consider whether or not this enrollment will not result in the termination of your OPT and update this on your SEVIS record. You may also need to consult an experienced immigration attorney.
Clocks, Times, Dates
| 90 days before program completion date |
Recommended date to apply for OPT in order to receive your Employment Authorization Document (EAD) before program completing date (which may be different from graduation date). If graduating in mid-May apply by mid-February; if graduating mid-December apply by mid-September. Applicaitons received earlier than 90 days by USCIS will be rejected. |
| 30 days | USCIS must receive OPT application within 30 days if I-20 issuance; failure to do so means rejection of OPT application. |
| 3-5 months or more | To process applications and complete the authorization process. |
| 60 days | 60 days after program completion date is the latest date you can apply for OPT. You should plan to leave the U.S. if you have not applied within the 60-day grace period. |
| 12 months | Amount of time you could work full-time on OPT. |
| 14 months | OPT must be completed within 14 months of program completion date. |
| 21 hours | Minimum you must work or volunteer per week in your major to be considered full-time employment by USCIS (different from employer definition). |
| 90 days | Cumulative number of days you may be unemployed until you have to leave the country. |
| 10 days | Must report within 10 days any changes to your required information to SEVP Portal or ISP SEVIS Update Form. If your employment is terminated or interrupted in some way and no more than 10 days passes in between starting a new job, no time will be deducted from the 90-day clock. |
STEM OPT EXTENSION
If you were a STEM major at Macalester, you may be eligible for a 24 month extension of your OPT.
For an overview of STEM OPT extension rules and regulations from the Homeland Security, review their “STEM OPT Information Hub”
Eligibility requirements:
- Currently authorized for post-completion OPT and working for a US employer in a job directly related to your major (not minor or concentration).
- Has a job-offer or is employed by an employer registered with the E-Verify federal employment verification system.
- STEM OPT employment cannot be unpaid/volunteer must be compensated.
- Bachelor’s degree in a field on the Department of Homeland Security (DHS) STEM Designated Degree Program list.
- Note that DHS major titles differ slightly from official Macalester titles. Use DHS titles in your application. A list is provided in a drop down menu below.
Application Process
NOTES:
- STEM OPT application must be received by USCIS before current EAD expires, but cannot apply earlier than 90 days prior to the current EAD end date.
- USCIS must receive your application within 60 days of the “Date Issued” listed on your I-20 containing your STEM OPT recommendation (ISP recommends 30 days). Failure to do so will result in STEM OPT denial.
- Once STEM OPT application is received by USCIS, you are given 180 days where you can work before your new EAD arrives. If your employer has applied for H-1B authorization, this means that you can wait until a few weeks before your current OPT expires.
- Unemployment during OPT is limited to 150 days (including any days used while under regular OPT).
- Strongly advised not to travel outside of the U.S. while your STEM OPT is being adjudicated, and you should consult with ISP about any travel plans. If your OPT STEM Extension has been approved and you are employed, you can find some general information about re-entry into U.S. by visiting the U.S. Immigration and Customs Enforcement (ICE) travel page.
ISP needs to review your material before we can issue an I-20. Prepare OPT STEM application in this order (make copies of documents for your file) and send what documents you can to ISP via email. If your STEM employer or their immigration attorney will prepare or review your application as well, send us everything after their initial review.
1. Complete Mac’s OPT Application Supplement
2. Two passport-style photos taken within 30 days at FedEx, Walgreens, CVS, photography studio, etc.
- Write lightly in pencil or felt pen your name and I-94 number) on back of photos (or card envelope if available).
- Do not need to submit to ISP for review.
3. Check or money order for $410 made out to the Department of Homeland Security
- See the following for more information on how to write a check and what a money order is.
- Payment with a valid U.S. based credit card is possible (non-US cards maybe be rejected) with Form G-1450 Authorization for Credit Card Transactions – if DHS is not able to charge your card, your application will automatically be rejected without notifying you.
- Do not need to submit to ISP for review but MUST submit payment with application packet to USCIS/DHS – failure to do so mean automatic rejection of your STEM OPT application.
4. Completed Form G-1145 E-Notification of Application/Petition Acceptance
- Optional but recommended. Expect 6-week or longer delays in notification due to COVID-19.
5. Completed Form I-765 Application for Employment Authorization
- Please read the USCIS I-765 instructions, as notes below are not exhaustive. If section does not apply to you, do not answer.
- Line 1.a., check “Initial permission to accept employment.”
- Line 5.a. – 5.3., Make sure to put your mailing address on the Form I-765 and put your actual address as your physical address in Line 7.a. – 7.d. DO NOT USE ISP mailing address.
- Line 8, Alien Registration Number (A-Number) is same number as the USCIS # on your EAD.
- Line 13.a. – 13.b., Check “Yes” if you have been issued a Social Security card and enter your Social Security Number.
- Line 21.c. – If you have another passport or travel document; DO NOT enter your F-1 visa number.
- Line 23 – Port you entered the U.S. – check your passport.
- Line 27 Eligibility Category, enter code (c) (3) (C) for STEM OPT extension.
- Line 28.a. Degree, enter Major and CIP Code, e.g., Econometrics 45.0603 or Math 27.0101, handwrite if cannot type.
- Print ALL 7 pages for I-765, and makes sure you sign on page 4 in black ink.
6. Copy of passport photo page (valid passport at least 6 months into future)
7. Copy of F-1 visa page
8. Copy of recent Form I-94
9. Copy of official Mac transcript
10. Copy of valid OPT EAD from OPT (front and back)
11. Completed I-983 Training Plan (NOT MAILED with application but will be uploaded to SEVIS by ISP)
- Employer must agree to a training plan that describes how the employment will further your skills in your STEM major.
- Page 1 – SEVIS ID # is found on top of your I-20, page 1 or 2. Based on Prior Degree? – check “No” since since your Mac degree is your most recent degree. STEM OPT Requested Period should start day after your regular OPT ends and last no later than 2 years later.
- Page 2 & 3 – Employer or address must be physical street address – no PO Box accepted. Start date of Employment must be requested STEM OPT extension start date, if you are coming from regular OPT period. If you are already on approve STEM extension, then start date of new STEM employer.
- Page 5 – Leave blank for now – you only complete this at the mid-term (normally 12-month) and final review (normally after 24-month, unless you end STEM job earlier then you complete the final review).
- COVID-19 Related Note: USCIS is only allowing “electronically reproduced original signatures”–NOT e-signatures. That means your employer must sign with “wet” signature or ink, and may send scanned I-983 to student (or vice versa) for their wet signature before submitting I-983 to ISP.
12. Employer support letter on company letterhead that states employer name (as shown in E-Verify) and E-Verify number (is 4-7 numerical characters and is not the same as EIN), your legal name, position title (with department/lab as applicable), dates of employment, job duties as it relates to your STEM major, pay, location, and hours of work per week.
13. ISP must issue a new I-20 to submit with your I-765 STEM OPT application.
- During the COVID-19 pandemic ISP is authorized to sign I-20 electronically and send as PDF to you.
- You must print and sign by ink your new I-20 and send paper copy with your STEM OPT application.
- Alternative – send ISP pre-paid label to send your new I-20, or use eShipGlobal Instructions. With eShipGlobal if you select something other than FedEx, it may take additional 1-2 days for staff to bring it to their shipping site.
- Complete OPT application must be received by USCIS within 60 days of new I-20 issuance, failure not to include new I-20 will result in STEM OPT rejection.
- Check the status of your OPT application after you receive a receipt letter and number from USCIS.
14. Send materials to the USCIS Chicago lockbox depending on mailing method:
| U.S. Postal Service (USPS) use tracking service:
USCIS |
FedEx, UPS, and DHL deliveries:
USCIS |
DHS Designated STEM majors
- Biology (CIP: 260101)
- Chemistry (CIP: 400501)
- Computer Science (CIP: 110101)
- Data Science (CIP: 303001)
- Econometrics and Quantitative Economics (CIP: 450603 formerly Economics)
- Environmental Studies (CIP: 030103)
- Geology (CIP: 400601)
- Mathematics (CIP: 270101)
- Neuroscience (CIP: 261501)
- Physics (CIP: 400801)
- Research and Experimental Psychology, Other (CIP: 422799 formerly Psychology)
- Statistics (CIP: 270101)
When to apply
- Apply up to 90 days (3 months) before your current EAD expires.
- The extension application must be received by USCIS BEFORE your current OPT expires.
Wait for USCIS to mail you the EAD
It takes approximately 2 to 4 months for USCIS to process your request and mail your EAD to the address on Form I-765. Several weeks after you apply (expect delays during pandemic), you should receive a receipt notice (Form I-797) in the mail from USCIS. Students who file a timely application can continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first. The EAD will reflect the dates of your employment authorization. The authorization period begins the day after the expiration of your initial post-completion OPT employment authorization and ends 24 months later, regardless of the date the extension is approved.
Check the status of your OPT application after you receive a receipt letter and number from USCIS.
Reporting requirements while on OPT STEM
NOTE: Failure to report may result in termination of F-1 status.
1. Upon receiving your STEM OPT receipt letter and new EAD, email copy of both to ISP, and ISP will send you updated I-20 reflection STEM OPT approval status.
2. SEVIS regulations requires that you report the following within 10 days of their change via Student Exchange Visitor Program (SEVP) Portal or through ISP SEVIS Update Form:
- U.S. home and mailing address
- U.S. and foreign telephone numbers
- Employer name and address
- Supervisor name and contact information
- If you depart the U.S. (ending your STEM OPT), change your legal name, or your employment changes or ends, please report that directly to ISP SEVIS Update Form.
3. Report (or confirmation) required at 6, 12, 18, and 24 months through ISP or submission of updated Form I-983 Training Plan (if anything changes in Section 3, 4, or 5 submit new Form I-983 to ISP):
- Every 6 months (no earlier than 15 days before and no later than 30 days after) confirm with ISP your U.S. home address and employer’s name and address if it is still the same or has changed.
- At 12-months of STEM OPT, you must submit an updated Form I-983 (page 5) that includes a completed Evaluation on Student Progress.
- At 24-months of STEM OPT (or completion of STEM employment if it ends earlier), you must submit an updated Form I-983 (page 5) that includes a completed Final Evaluation. If employment ends early the student must submit the Final Evaluation within 10 days following the conclusion of the STEM employment.
- Notify ISP if you decide to permanently depart the US during your OPT or OPT STEM.
- Notify ISP if you change your visa status during your OPT or OPT STEM.
- Travel Endorsements (ISP DSO signatures on Page 2) are valid for 6-month periods only during STEM OPT.
WORK VISA: H-1B
H-1B is a temporary worker visa designated for individuals coming temporarily to the United States to work in a specialty occupation. Only 65,000 cap subject H-1B visas are authorized per year; additional 20,000 available for those with graduate degrees. Applicants are selected through a lottery if there are too many applicants. Learn about companies that have sponsored H-1B applications.
Macalester College is not responsible for helping students attain a H-1B visa. Students must contact their employer to apply for H-1B. More information about the H-1B Visa can be found on the U.S. Citizen and Immigration Services website.
The H-1B visa is usually used after OPT ends in order to extend the stay in the U.S. H-1B visas are not issued until October or later. Therefore, even if the employer has agreed to sponsor the visa, students are required to file for OPT or STEM extension in order to begin or continue working before H-1B approval.
Applying for an H-1B Visa
Employers must apply for the visa on behalf of the employee. The employee must have graduated before an employer can sponsor a petition. Students (employees) cannot apply for the H-1B visa on their own.
A petition for an H-1B visa can be submitted on April 1st in order for it to have effect starting on October 1st. Documents must be prepared before April 1, typically with a lawyer. The company is required to pay the fees incurred through the application process, including fees charged by the lawyers. The application process approximately costs $5,000.
Visa Requirements
- You must have an employer-employee relationship with the petitioning U.S. employer.
- Your job must qualify as a specialty occupation.
- Your job must be in a specialty occupation related to your field of study.
- You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
- An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.