F-1 Optional Practical Training (OPT) (2024)

To be eligible for OPT, students must...

• be in full-time F-1 status for at least one academic year.Some students who have changed their visa status to F-1 and who have been continuously enrolled in a full-time degree program for at least 1 academic year may qualify for OPT prior to 1 year in F-1 status. See a Berkeley International Office (BIO) adviser for more information.
• be seeking employment in themajorfield of study listed on their current UC Berkeley I-20.
• be completing their program of study atUC Berkeley. See BIO'sOPT tutorial for more information.
• be physically present in the United States at time of the application to USCIS.
• NOT have used more than 1 year of full-time CPT during their current degree level (part-time doesn't count).

The OPT application process involves two major parts. First you must apply to BIO for an OPT recommendation on your I-20. Then you must submit an OPT application packet, including a signed copy of your OPT I-20, to USCIS.

• You can apply for OPT up to 90 days beforeand up to60 days after your expected program completion date*.
• USCIS must receive your full and complete OPT application no more than60 days afteryourexpected program completion date*
• In addition, USCIS must receive your application within 30 days of when BIO recommends your I-20 for OPT.
• You must be physically present in the United States at the time USCIS receives your OPT application. More details are available in theOPT tutorial.

Generally, BIO recommends applying for OPT as early as possible. Waiting can cause further delays and you may not get a full 12 months of OPT. Additionally, applying early increases your chances of being able to reapply if your application is rejected or denied.

*Expected completion date:

• Undergraduates:The last day of enrollment in the semester in which program requirements are completed.
• Graduates:The last day of enrollment in the semesterinwhich program requirements are completed, OR the datethe thesis or dissertation is filed with the Graduate Division.Speak with a BIO adviser if you have a job offer beginningbefore the last day of the semester. Graduate students whoonly have a dissertation/thesis remaining may be eligible tobegin their post-completion OPT before filing.

Note: If you are applying for OPT after your expected program completion date, you must submit your OPT application to USCISbefore making any exit from the United States. If you exit the United States after your program completion without applying for OPT, you will be ineligible to return in F-1 status to apply for OPT.

Step 1.Review theOPT tutorial [pdf]for a complete overview of the process.This is required and very important.Failure to fully review the tutorial may result in application errors and cause OPT denials or violations of F-1 status.

Step 2.Submit theOPT I-20 Request E-Form. Note that the E-Form contains an integrated payment form for the BIO Post-Completion Services Fee of $225, which is payable by credit/debit card.

Special Instructions for L&S Undergraduate Students
Since L&S undergraduate students have separate Major and College advisors, please follow the below instructions provided by L&S College Advising when completing the Academic Advisor section of your OPT e-form:

1. Make an appointment with your Major Advisor.They will confirm that you are on track to complete all major requirements. If you are, the major advisor will either prepare a memo verifying that information or add a note into the BOA online advising system

2. Complete the BIOOPT I-20 Request E-Form using the emailLNS_international_students@berkeley.edu.If you do not complete Step 1 first, your request will be denied by L&S.

Step 3. After you submit the OPT I-20 Request e-form, your academic advisor will receive an email containing a link, where they will confirm your completion date and OPT eligibility.

Step 4.After your academic advisor approves your OPT request, advisers at Berkeley International Office will review your request form and OPT eligibility. If eligible, you will be issued a new I-20 with the OPT Recommendation notated on page 2. This takes 5 business days. While you wait, prepare your OPT application documents as instructed in theOPT tutorial [pdf].

Step 5.Your new OPT I-20 will be emailed to you within 5 business days after the request reaches BIO for processing.

Step 6.Review theOPT tutorial [pdf]to fully prepare all documents and application forms for USCIS. I-765 applications can be submitted ONLINE or by MAIL. (Online filing is much more common.) If you would like to go over your application with a BIO adviser, sign up to attend one of the OPT Document Check Workshops. To view upcoming workshops and RSVP, visit our events page. Note: You are responsible for submitting your OPT application to USCIS and USCIS must receive your OPT application within 30 days of the Issue Date listed on page 1 of your I-20 and within 60 days of your completion date. You must submit the I-765 while you are physically present in the US. If filing by MAIL: Also be sure the check the USCIS I-765 webpage on the date of mailing to be sure you are using the correct USCIS form and fee.

As part of the OPT I-20 request process, you must request a particular OPT start date. This is the day on which you would like to start your OPT work authorization. Some things to consider when choosing your requested OPT start date:

• The requested start date must be within 60 days of your program completion date. It can be as early as the day after your completion date and up to 60 days after that.
• It is not guaranteed that you will be approved for the start date you request. Your approved start date will appear on your EAD card and may be later than your requested start date, depending on when you apply for OPT and how long it takes USCIS to approve it. Please note that you may not begin working until your approved EAD start date, regardless of the requested date on your I-20.
• Do you have travel plans? If you plan to travel, especially internationally, you may not want to select a start date during this time.
• If you have a job offer, discuss with your employer an appropriate start date based on when you have applied for your OPT (consider the 2.5 to 5 month processing time).
• If you don't have a job offer, you should consider where you are in your job search and when jobs typically start in your field and make your best estimate of when you'd like to begin working.
• Days of unemployment only begin after the approved start date listed on your EAD.
• Weigh the pros and cons of an early vs. late start date. If you choose an earlier start date, you may be able to begin your employment earlier, BUT if you don't find a job, you will begin accruing unemployment days sooner. If you choose a later start date, your unemployment days will begin accruing later, BUT you'll have to wait longer to begin employment.

Processing time for an OPT I-20 from Berkeley International Office is 5 business days. Expedites from BIO are not available.

Check USCIS’s current OPT and STEM OPT processing times. Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

USCIS does offer "Premium Processing" for the OPT and STEM OPT I-765. See below.

"Premium Processing" is available from USCIS for the form I-765 for OPT and OPT STEM Extensions.

What is premium processing?

• USCIS will process your OPT/STEM I-765 request within 30 days of submission of the fully completed I-907 form.

How can I request premium processing?

• File the Form I-907 online via your USCIS account. For more information see How Do I Request Premium Processing?
• March 6-April 2, 2023: You can file an online I-907 form via your USCIS online account. You must have an ALREADY pending I-765 with receipt notice.
• April 3, 2023 or later- You can file the I-907 onlinetogether with your OPT I-765, or submit an I-907 for an already pending OPT I-765 request.

Is it worth it?

• BIO recommends that you think carefully before choosing premium processing. Check current USCIS Processing times for “I-765” “Based on a request by a qualified F-1 academic student [(c)(3)]” with “Potomac Service Center”

Are there any other ways to expedite a USCIS request free of cost?
USCIS almost always denies F-1 student expedite requests for OPT. You can find USCIS expedite criteria here.

CONTACT BIO IMMEDIATELY BEORE TAKING ANY ADDITIONAL STEPS WITH USCIS. If BIO recommended you for OPT more than 30 days ago and you have not yet sent in your application to USCIS, you'll need a new OPT I-20 from BIO. If you are still within your 60-day grace period and otherwise eligible to apply for OPT, we will confirm your situation and send you instructions for requesting a new OPT I-20. No new Post-Completion Services Fee payment is needed. It will take us 5 business days to process the new I-20. Once you get the new I-20, you can send your application to USCIS. This is very important as USCIS will deny applications submitted after the 30-day deadline.

If you've already submitted your request to USCIS, we will assess your situaiton and advise you on available options.

The first week: E-FILE: You should receive your receipt notice online through your USCIS account.If there are any errors in the receipt notice in your name, address, or application type, contact a BIO adviser.

Within 30-45 days: You will also receive an I-797c receipt notice at your mailing address confirming the date of receipt and your receipt number. Keep this notice safe as it is your official proof that your OPT application was submitted. You may need it for travel or other purposes.

Around 1-3 months: You should receive an I-797 Notice of Approval letter and EAD card at your mailing address. (If E-FILING you will also receive the notice in your USCIS account.) These can come separately or at the same time. Check your EAD card to make sure all information is correct and upload it to BIO'sSSU Hub. You can start working on your EAD start date! If there are any errors on the EAD, contact a BIO adviser.Check USCIS’s current OPT and STEM OPT processing times.Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

2 Weeks after receiving EAD card: You should receive your Social Security Card (if you requested one) in the mail.

If you E-FILE, you will be able to track your Case Status via your online USCIS account.

Note that your application will most likely stay in received status for the entirety of the processing time until it is approved.Check USCIS’s current OPT and STEM OPT processing times.Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

There are several types of probems that may occur during your OPT application:

• Delayed processing
• Not receiving your I-797c Receipt Notice
• Not receiving your EAD/EAD (lost in the mail)
• Request for Evidence, Denial, or Rejection (CONTACT BIO ADVISOR BEFORE RESPONDING TO USCIS!)
• Lost EAD or Incorrect EAD

See Issues with OPT Application for further information and instructions. Please contact your BIO Advisor if you are experiencing issues.

Employment must be:

• a job that is directly related to the student’s degree program; if the relationship between the job and a student's field of study is called into question by USCIS in the future, the burden of proof is on the student to demonstrate the relationship.
• at least 20 hours per week; if total work is less than full-time, it counts toward a student's 90 days of unemployment. (If you have multiple part-time jobs the cumulative total work hours should be 20 hours per week or more, and you're responsible for carefully documenting work hours.)BIO recommends that students have at least 1 position that is 20 hours per week or more to avoid increased scrutiny of your employment.)
• paid or unpaid.

Note:Cannabis Industry- be aware that the use and sale of cannabis is illegal at the federal level, although it may be legal in some U.S. states. To avoid possible deportation or inadmissibility from the US, students should avoid positions related to federally illegal substances.

The types of employment allowed during the initial 12-month period of OPT include (these DO NOT apply to theSTEM Extension):

• Paid employment.Students may work in a job related to their field of study at least 20 hours per week (if work is less than full-time, it counts toward a student's 90 days of unemployment).
• Multiple employers.Students may work for more than one employer, but all employment must be related to the student’s degree program.
• Short-term multiple employers (performing artists).Students such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, including the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
• Work for hire (commonly referred to as "1099 employment"). This is a type of employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
• Self-employed business owner.Students may start a business and be self-employed. In this situation, the student must work full-time (at least 20 hours per week). The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
• Employment through an agency.Students must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
• Unpaid employment.Students on the initial 12-month OPT may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.

During the period of OPT authorization, a student should be working or actively seeking employment. If you decide to quit your job, or if you do not find a job, keep the unemployment rules in mind.

• Students on post-completion OPT may have up to90 days of unemployment.The 90 days start counting from yourapproved OPT/EAD start date(not the recommended start date nor the program end date on your I-20) and are cumulative.
• If you accumulate 90 days or more of unemployment, you are in violation of your F-1 status. You are expected to leave the U.S., transfer to another school, or change your visa status before the 90th day. SeeAfter OPToptions below.
• Students who are granted a24-month extensionare given an additional60 daysof unemployment for a total of 150 days over their entire post-completion OPT and STEM periods.
• Approved vacation from a job does not count as "unemployment" if you are still considered an employee there.
• Jobs that are fewer than 20 hours per week may count towards the 90-day unemployment limit if the total cumulative employment of all positions is not more than 20 hours per week.If you have multiple part-time jobs the cumulative total work hours should be 20 hours per week or more, and you're responsible for carefully documenting work hours. BIO recommends that students have at least 1 position that is 20 hours per week or more to avoid increased scrutiny of your employment.

Federal regulations require that all employment that you engage in while on OPTbe directly relatedto your UC Berkeley majorAs part of your OPT reporting requirements, you must provide a description demonstrating a logical connection between your regular job duties and your major area of study.Further information and sample descriptions are available on theOPT Reporting Requirementspage.

If the relationship between the job and a student's field of study is called into question by USCIS in the future, the burden of proof is on the student to demonstrate the relationship.BIO won't be able to advise you on specifically which jobs do/do not qualify as we are not experts in your field of study. If you need assistance determining the fit of a job offer, we recommend discussing this with your academic adviser, the Berkeley Career Engagement Center, or others in your field.