How to File the I-765, Application for Employment Authorization with USCIS

Facilitated by International Services

Topics to be covered today….

General Information on OPT

Filing Process and Deadlines

Student Status and Responsibilities

Current News and Relevant Updates

What is OPT?Type of temporary work permission available for eligible F-1 students.

Allows students to get real-world work experience directly related to the individuals major area of study listed on the form I-20.

12 months available for each higher education level of study; i.e. Bachelors, Masters, PH.D.

Requested by the student and authorized by USCIS.

Pre-Completion OPTAny portion used before you graduate.

Reduced from post completion.

Post-Completion OPTAny portion used after you graduate.

It must be full time.

https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf

STEM OPT ExtensionFor students in designated Science, Technology, Engineering, and Math degrees approved by DHS.

Eligible students may receive a 24 month extension if the student meets all qualifying factors.

Undergraduate Programs 11.0101 B.S. Computer and Information Science

11.0401 B.S. Information Science26.0101 B.A. Biology / Biological Sciences26.0101 B.S. Biology / Biological Sciences

27.0101 B.S. Mathematics27.0101 B.A. Mathematics

27.0501 B.S. Statistics03.0103 B.A. Environmental Studies

40.0501 B.A. Chemistry40.0501 B.S. Chemistry

26.1501 B.S. NeuroScience40.0801 B.A. Physics40.0801 B.S. Physics

Graduate Programs52.1302 M.S. Business Analytics

52.1301 M.S. Management Science (Supply Chain Management)26.0101 M.S. Biology / Biological Sciences

27.0301 M.S. Applied Mathematics and Statistics11.0199 M.S. Computer Science

03.0103 M.S. Environmental Studies 13.0501 M.A. Educational Technology

26.0908 M.S. Exercise Science

Adelphi STEM Programshttps://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf

Cap-Gap OPT ExtensionFor students whose prospective employers filed a qualifying H-1B-cap subject petition.

H-1B Fiscal Year: April 1, 2020:Must be on valid OPT to be eligible for Cap Gap

If on a grace period, not eligible for Cap Gap but eligible for maintenance of status

H-1B

Let’s Talk More About the Process

Student

USCIS

1. Attend a workshop on how to file the form I-765.

2. Familiarize yourself with the instructions and use of the form. Complete I-765 USCIS application as per requirements.

3. For post completion OPT, you should be in your final academic semester and finishing program. Request letter of completion from academic department.

4. Request DSO endorsed OPT I-20 from eCampus Portal. Be sure to request the dates you would like, this cannot be changed once submitted to USCIS. The application must be submitted within 30 days of the request.

5. Gather all previous CPT and OPT authorization documents.

6. Obtain 2 USCIS approved photos per requirements.

7. Obtain appropriate payment in the form of check or money order.

8. Once all materials are gathered, it is the student’s responsibility to file the I-765 OPT application directly with USCIS. International Services recommends students file this process with USCIS upto 90 days prior to program completion date.

9. Submit application to USCIS.

10. Maintain status until completion of academic program, and then while on OPT.

Student Steps:

When Can I Apply?NOTE: You must file your Form I-765 within 30 days of the date that your DSO enters the recommendation for OPT into your SEVIS record. If you fail to do so, USCIS will deny your OPT request.

Post-Completion OPT--(c)(3)(B).90 days before, but no later than 60 days after your program end date.

Pre-Completion (c) (3) (A)Up to 90 days before being enrolled for one full academic year, provided that the period of employment will not start before you have completed one full academic year.

STEM OPT Extension (c) (3) (C)90 days before the expiration date of current OPT.

OPT CAP Gap Extension RequestEmail your I-797 Approval notice to is@adelphi.edu

Determining Your OPT Start DateProgram Completion Date

= Last Day of ClassesAdelphi University Academic Calendar

Program Completion Date is not the date your graduation is conferred or diploma is received

OPT Application Need to Know Dates

Spring 2020 Graduates● May 2020 Graduation: Degrees Conferred on May 31, 2020● Program Completion Date: May 18, 2020● 60 Day Grace Period Dates: May 19, 2020 - July 16, 2020 ● OPT Applicable Dates: May 19, 2020 - July 16, 2020 ● 90 Day Earliest Request Date: February 19, 2020

Summer 2020 Graduates: Session 1August 2020 Graduation: Degrees Conferred on August 31, 2020)

● Program Completion Date: June 29, 2020 ● 60 Day Grace Period Dates: June 30, 2020 - August 27, 2020 ● OPT Applicable Dates: June 29, 2020 - August 27, 2020● 90 Day Earliest Request Date: April 1, 2020

Summer 2020 Graduates: Session 2● August 2020 Graduation: Degrees Conferred on August 31, 2020● Program Completion Date: August 9, 2020 ● 60 Day Grace Period Dates: August 10, 2020 - October 7, 2020 ● OPT Applicable Dates: August 10, 2020 - October 7, 2020 ● 90 Day Earliest Request Date: May 12, 2020

Types of EAD Cards

Employment Authorization Document (EAD): The EAD is the card issued as evidence that the holder is authorized to work in the United States.

Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.

Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category.

Replacement EAD: An EAD issued to an eligible applicant when the previously issued EAD was lost, stolen, damaged, or contains errors, such as a misspelled name.

Step 1:Gathering Your Needed Documents

Step 2:Completing the Application

Go to www.uscis.govSelect Form I-765 Application for Employment AuthorizationREAD THE INSTRUCTIONS

About the Form:● Number of Pages: 7 Pages● Edition date: 05/31/2020● How to Complete it: Type the form online and print it● Sign: Black Ink● Dated: Within 30 days of request

Documents Needed to Complete the form:1. Passport2. I-943. Copies of all of your immigration documents (Form I-20s, etc.)

Part 1: Reason for ApplyingI-765 Application Page 1 of 7

Part 2: Information About YouI-765 Application Page 1 of 7

Part 2: Information About You (Continued)I-765 Application Page 2 of 7

Provide a mailing address that you will be at for the next 3-6 months. You may not use an Adelphi University address for shipment. USCIS will use this address to send you your I-765 receipt, if necessary a Request for Evidence (RFE), EAD card, and any additional information in regards to your application. If you need to update your address after you send the application, you would need to contact USCIS directly to do so.

Part 2: Information About You (Continued)I-765 Application Page 2 of 7

USCIS allows you to apply for your Social Security Number through your I-765 application. That is what this section is for (13.a. through 17.b.)

Part 2: Information About You (Continued)I-765 Application Page 3 of 7 Print your I-94 online

here.

https://i94.cbp.dhs.gov/I94/#/home

Use your I-94, I-20, and Passport to complete the information listed here.

Part 2: Information About You (Continued)I-765 Application Page 3 of 7

For section 27:

Pre-Completion C.3.A.

Post-Completion C.3.B.

STEM OPT Extension C.3.C.

Part 3: Applicant’s Statement, Contact Information, Declaration, Certification, and SignatureI-765 Application Page 4 of 7

Be sure to read the Penalties section on the I-765 Instructions before completing this section. You must file for the I-765 while in the United States.

Part 3: Applicant’s Statement, Contact Information, Declaration, Certification, and SignatureI-765 Application Page 4 of 7

YOUR SIGNATURE MUST BE WRITTEN AND IN BLACK INK.

Do not type your signature. USCIS will send your application back to the address you have listed and this will delay your request.

Part 4: Interpreter’s Contact Information, Certification, and Signature ANDPart 5: Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant

I-765 Application Page 4, Page 5, and Page 6

Part 4 and Part 5 are to be completed by individuals preparing this application on your behalf. You may decide to put N/A if this section does not apply to you.

Part 6: Additional Information

I-765 Application Page 7 of 7

If you need extra space to provide any information within this application, use the space provided on page 7.

Questions at any time:USCIS National

Customer Service1 (800) 375 - 5283

Step 3:Request Graduation Letter

Contact your academic department to request a letter indicating you are completing your program requirements.

Allow 1-2 weeks for processing this request.

Once you have received the letter, move on to the next step.

Step 4:Request OPT Endorsed I-20

Log on to International Services Portal through eCampusIS Portal

Answer all questions and request I-20.

Allow 1 week for processing this request.

Once you have received the I-20, move on to the next step.

Requirements of the Application

● Completed and Signed Form I-765.● Application Fee: $410 made to the Department of Homeland Security.● Evidence of having been lawfully enrolled on a full-time basis for one full academic year.● All previously used SEVIS numbers in the Additional Information section of the form.● Evidence of any previously authorized Curricular Practical Training (CPT) and the academic level

at which it was authorized in Part 6, Additional Information.● Evidence of any previously authorized Optional Practical Training (OPT) and the academic level at

which it was authorized in Part 6, Additional Information.● Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, endorsed by the

designated school official (DSO) within 30 days of filing your Form I-765.● Copy of Passport.● Copy of I-94.● Copy of Visa.● Two Passport Photos.● Letter From Academic Department Indicating Fulfillment of Degree Requirements.

Application Filing Fee: $410.00

Fee goes to: Department of Homeland Security

You may pay fees with bank drafts, cashier’s checks, certified checks, personal checks, and money orders that are drawn on U.S. financial institutions and payable in U.S. funds.

https://www.uscis.gov/feesDo not send cash

How to Fill out a Check

Use pen, not pencil

Write the date and the payee

Write the amount

Write the number in a word form

Sign the check

How to Fill out a Money Order

$410.00

Four hundred and ten dollars

From

Address

From

Use pen, not pencil

Check if all of the information is correct

Paid to: Department of Homeland Security

Include your address and your name

USCIS Photo RequirementsTo avoid delays have photos made according to USCIS specifications.

Make sure the photo presents the full head from the top of the hair to the bottom of the chin.

Center the head with the frame.

The person in the photo should have a neutral expression and be facing the camera.

Photo must be 2 inches by 2 inches.

The height of the head (top of hair to bottom of chin) should measure 1 inch to 1 3/8 inches (25 mm – 35 mm).

Make sure the eye height is between 1 1/8 inches to 1 3/8 inches (28 mm – 35 mm) from the bottom of the photo.

Well composed examples

Where do you Send the Completed Application?

For U.S. Postal Service (USPS):USCISP.O. Box 660867Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:USCISAttn: NFB AOS2501 S. State Hwy. 121 Business Suite 400Lewisville, TX 75067

When you ship your application, use tracking methods so you can receive a receipt when USCIS receives your application.

You have submitted your application to USCIS, Now What?

Include Tracking Information:When you ship your application to USCIS, be sure to include tracking information so you receive a receipt from the post office when USCIS receives your application.

Receive Receipt from USCIS:USCIS will mail you a receipt to the mailing address you have listed on your application. This will come with a receipt number.

Track your Application Online:USCIS will provide updates throughout their adjudication process once they have received your application. Using the receipt number USCIS provides, you can track your application online here: https://egov.uscis.gov/casestatus/landing.do

According to USCIS Tracking:Follow the appropriate steps provided if the USCIS Case Status page has an update that requires you to take action. Ex, an RFE, update address, never received card etc.

USCIS OPT Processing StepsInitial Processing:USCIS will check application for completeness and establish a basis for eligibility. USCIS may reject or deny application at this time (i.e. insufficient funds, lack of signature, no DSO endorsed I-20).

Requests for More Information:USCIS may request that you provide more information or evidence to support your application. We may also request that you provide the originals of any copies you submit.

Decision:The decision on Form I-765 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing. This process can take 3-5 months depending on USCIS processing times.

Approval:If your application is approved, USCIS will either mail your EAD to you or they may require you to visit your local USCIS office to pick it up.

Denial:If USCIS cannot approve your application, you will receive a written notice explaining the basis of your denial.

Address ChangePlease DO NOT MOVE :)

Use your most updated, current address on your form I-765.

You must notify USCIS within 10 days of moving.

Go to www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283.

MOVING?

Travel and Health Insurance While on OPT

Traveling Outside of the States BEFORE you receive your EAD card:It is not recommended to travel abroad while your I-765 application is pending.

Traveling Outside of the States AFTER you receive your EAD card:An F-1 student who travels outside the U.S. (for less than 5 months) can be readmitted to resume employment for the remainder of the period authorized on your EAD card 8 C.F.R. § 214.2(f)(13)(ii)

● You must present the following evidence:○ A form I-20 with travel endorsement by the DSO within the preceding 6 months○ Unexpired EAD Card○ Letter of valid employment (You must be returning to resume employment)○ Valid Passport○ Valid Visa

Health InsuranceIt is important to note that it is highly recommended that you purchase a health insurance plan while on OPT. Medical costs can be extremely expensive and your Adelphi insurance will no longer be viable once you complete your program. You will need to purchase a private plan.

Student Reporting Responsibilities

Employment Updates:Within 2 weeks of the START DATE listed on your EAD card, you will receive a link to your Adelphi email prompting you to create a Student SEVIS Portal. To maintain your status, you must update your employment in this portal.

International Services Office:Send International Services (is@adelphi.edu) a copy of your EAD card and an Employment Update Form. This can be accessed online here: https://is.adelphi.edu/files/2018/01/OPT-Employment-Update.pdf

Unemployment and/or Change in Employment:While on OPT you are permitted up to 90 days of unemployment. If there is an update or change in your employment, you must update it in the Student SEVIS portal.

What Happens If the Card Has Errors on It?It all Depends on whose fault it is? Yours or theirs?

Replacement for Card Error 1If the card issued contains incorrect information not attributed to USCIS error, the applicant must submit a new Form I-765 and filing fee and include the card containing the error when submitting the new Form I-765.

Replacement for Card Error 2If the card issued contains incorrect information attributed to USCIS error, the applicant does not need to file a new Form I-765 and filing fee. Instead, the applicant must submit a letter explaining the error, along with the card containing the error to the service center or National Benefits Center that approved the last Form I-765.

Questions at any time:USCIS National

Customer Service1 (800) 375 - 5283

Questions?