F-1 STUDENT REQUIREMENTS

On-Campus Employment

F-1 students are generally permitted to work on-campus while attending school given that the basic requirements (listed above) are met. Employment on-campus is limited to part-time (20 hrs/ week) during Fall and Spring Semesters and full-time during Winter and Summer.

Off-Campus Employment

Curricular Practical Training (CPT)

Students who are holding F1 visas may be eligible for employment authorization through Curricular Practical training (CPT) for work experience that is a required or an integral part of an established curriculum. These experiences may include alternative work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school. Students can engage in CPT on a part-time basis (no more than 20 hrs/week) during the Fall and Spring semesters. Students can apply for full-time CPT (more than 20 hrs/week) during the Winter and Summer semesters. Graduate students in sustaining status can also engage in full-time and CPT authorization ends when they defend the dissertation. To apply for CPT, the student must submitted a completed “CPT form” (available at the OISS website) along with the necessary documents listed on the form. Once the CPT is approved, the school official will issue a new I-20 reflecting the work authorization. 

Eligibility:

To be eligible for CPT, students must meet the following conditions (in addition to the basic requirements listed above):

• Must have been lawfully enrolled on a full-time basis at a DHS-approved school for one full academic year. Exception exists for graduate students whose programs require immediate curricular training.
• The student will continue to be enrolled for a full course of study during the CPT
• Employment must not only be related to your major field of study, but must also be a required part of the student's academic program. Work which is not required by your degree program may meet the requirements for curricular practical training if you receive academic credit for the employment experience

Important Notes:

• If you participate in 12 months or more of full-time curricular practical training, you will not be eligible for post-completion optional practical training (OPT).
• Students enrolled in English language training programs are not eligible for CPT.
• Full-time permanent employment does not qualify for CPT.
• F-1 student need not have been specifically in F-1 status for one academic year, provided he or she was lawfully enrolled as a full-time student in another nonimmigrant status that does not prohibit full-time study

Application Procedures:

1. Students must complete the CPT application form.
2. For each term, students must be registered in the appropriate course that satisfies an academic core or elective requirement . Unless the CPT is related to a specific course, in addition to regulat full-time coursework, students must register for 3 credits in fall and spring semesters; 1 credit is required in winter and summer sessions. Students on Sustaining status must provide proof that the CPT is required to complete their Thesis/Dissertation.
3. Students must acquire a letter from the company indicating the description and responsibilities of the appointment, the exact address of the location of the CPT appointment, the dates of appointment, the number of hours per week.
4. Graduate Students must submit all of the above forms to the Office of Graduate & Professional Education for review and signature at least one week before the first day of the start of CPT.
5. OISS must approve the application for CPT no later than 4:00 pm on the last day of free drop/add in any semester or term ( no exceptions permitted).

NOTE: Accepting work appointments without the proper authorization is a serious violation of student F-1 status. Failure to comply with all immigration regulations may cause a student to not be eligible for benefits normally granted to F-1 students and, in some situations, may cause the student to be subject to deportation. CPT may be for 20 hours per week (part time) or for more than 20 hours per week (full time). Students who accumulate 12 months of full-time CPT will not be eligible for Optional Practical Training (OPT) at the time of degree completion. Part-time CPT does not affect OPT eligibility. Once a student has filed an application for OPT, the student may not apply for CPT. A CPT application is employer specific and must be made for each experience; that is, if a student changes companies or places of work during the approved CPT period, the student must submit a new CPT application. (Students in the English Language Institute are not eligible for CPT or OPT.)

Optional Practical Training (OPT)

An F-1 student is entitled to up to 12 months of optional practical training for each level in F-1 status. Employment must be directly related to the student’s major field of study. Eligible students may apply for "pre-completion OPT " (before completion of program) and/or "post-completion OPT " after completion of program). Although students may engage in both pre-completion and standard post-completion OPT, the maximum amount of time that can be granted for all standard OPT combined is 12 months per educational level. Students do not need a job offer in order to apply for OPT. Students recommended for OPT will receive a new SEVIS I-20 with an OPT recommendation notation. Students need to have authorization from USCIS before they can begin employment. Students can apply for post OPT 90 days prior to graduation or 60 days after graduation. Once the student applies, the authorization can take up to 90 days to obtain.

Eligibility:

To be eligible for OPT, students must meet the following conditions (in addition to the basic requirements listed above):

• Must have been lawfully enrolled on a full-time basis* at a DHS-approved school for one full academic year.
• The student will continue to be enrolled for a full course of study during the Pre-OPT.
• Employment must be related to your major field of study
• Students enrolled in English language training programs are not eligible for OPT.

Pre-Optional Practical Training - Before Completion of a Course of Study

If you meet eligibility requirements listed above, you may have pre-completion optional practical training authorized in any of the following circumstances:

• During the school year: in this case, optional practical training will be authorized for only 20 hours per week and the period authorized will be deducted from your 12-month total at a rate of one half month for each month authorized (all part-time optional practical training authorization will be counted in this way). Students registered as sustaining (completed all coursework but Thesis or Dissertation), may for more than 20hrs/week.
• During vacation periods: in this case, optional practical training authorization may be either part-time or full-time.

You do not have to have a job offer in order to have pre-completion optional practical training approved. In most cases, however, you will not want to apply without a job offer because periods of optional practical training cannot be rescinded once authorized. If you have a period of optional practical training authorized but do not work, that period is still deducted from your 12-month total.

Pre-OPT Application Procedures

To apply for optional practical training before completion of a course of study you must bring to the Office for International Students & Scholars:

1. A recommendation form signed by your academic advisor and, for graduate student, the Office of Graduate & professional Education.
2. Completed Form I-765 and Form G-1145 .(Please Read the instruction before printing or filling the form)
   Note: use OISS address on the I-765 form: c/o OISS, 413 Academy St. Room 151, Newark, DE 19716
3. Copies of all Form I-20's page 1 and 3 (including I-20's from other institutions), passport, visa and your I-94 card (back and front).
4. A personal check or money order for $380 made payable to U.S. Department of Homeland Security.
5. Two U.S. passport type photos.
6. Employment letter (if offer has been made).

After you have all of the above, call (302)831-2115 to schedule an appointment with your immigration advisor.

After reviewing these documents to determine your eligibility for practical training, OISS will issue a new Form I-20 recommending the requested period of part-time or full-time optional practical training. Your application will then be submitted by mail to the USCIS.

Please note that your practical training application is not approved until you have your photo Employment Authorization Document (EAD), and that the wait may be as long as 90 days. Any optional practical training employment you have before receiving your EAD is illegal employment that renders you illegally present in the United States.

Mailing the Application:

We recommend that you mail your application by using a service that will allow you to track or confirm that USCIS received of your package.

 

If you are using U.S. Postal Service, please mail to the address below:
U.S. Citizenship & Immigration Services
P.O. Box 660867
Dallas, TX 75266

 

If you are using any other express mail service (FedEx, UPS...), please mail to the address below:
U.S. Citizenship & Immigration Services
Attn: AOS
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

After You Have Applied For Pre-OPT:

Once USCIS receives your Pre-OPT application packet, you will receive an email confirmation with your receipt number. You can use the receipt number to check the status of your application by going to wwww.uscis.gov and entering your number and then signing up for email notification. A paper receipt notice will be sent to our office. Once we have received you OPT card, we will notify you by email.

After You Have Received Your OPT card:

Upon receipt of your card, make sure to check for any errors and if you find any, inform OISS immediately.

Post-Optional Practical Training (standard OPT) - After Completion of a Course of Study

Once you have completed your course of study and submitted your thesis or dissertation, you may have post-completion optional practical training authorized for any period of time that you wish, up to the maximum amount of optional practical training remaining to you at the time of completion. If, for example, you have not previously used any optional practical training, you may have the full 12 months authorized after completion of a course of study. Students are permitted to apply for a period of 12 months post completion OPT following each degree received as long as the degrees are a higher level, ie bachelors to masters and masters to Ph.D. Obtaining two degrees of the same level, such as Master of Fine Arts and Master of Business Administration entitles applicant to only one 12 month period of OPT.

Please note that you do not have to have a job offer before applying for post-completion optional practical training and that you must in any case apply no sooner than 90 days before completion of your studies or 60 days after. Optional practical training must end no later than 14 months from your completion of studies date.

**Please note that an application for post-completion OPT definitively sets the graduate date.  If a student does not graduate on time, he or she may not work until after the official graduation date, and any period of OPT time which has passed between the anticipated and actual graduation dates will be lost.**

Prior use of full-time CPT for one year or more, eliminate eligibility for OPT.

Application and Authorization Procedures:

To apply for optional practical training after completion of a course of study you must come to OISS no more than 90 days before your intended completion of a course of study with the following documents:

1. A recommendation form signed by academic advisor and, for graduate students, the Office of Graduate & professional Education.
2. Completed Form I-765 and Form G-1145 .(Please Read the instruction before printing or filling the form)
   Note: use OISS address on the I-765 form: c/o OISS, 413 Academy St. Room 151, Newark, DE 19716
3. Copies of all Form I-20's page 1 and 3 (including I-20's from other institutions), passport, visa and your I-94 card (back and front).
4. A personal check or money order for $380 made payable to U.S. Department of Homeland Security.
5. Two passport type photos.
6. Employment letter (if offer has been made).

After you have all of the above, call (302)831-2115 to schedule an appointment with your immigration advisor.

As in the case of pre-completion optional practical training, after reviewing these documents to determine your eligibility for practical training, an adviser at OISS will issue a new Form I-20 recommending the requested period of optional practical training. You will then mail your application to USCIS and they will mail your Employment Authorization Document (EAD) to our office. Once you are cleared for graduation, we will contact you to pick up your card.

Please note again that your practical training application is not approved until you have your photo EAD, and that the wait may be as long as 90 days. Any optional practical training employment you have before receiving your EAD is illegal employment that renders you illegally present in the United States.

Please note that the application period for post-completion optional practical training begins 90 days before you complete your program of study or 60 days after. You must apply both to the OISS and USCIS for an Employment Authorization Document within this application period.

USCIS regulations refer to the date you complete all requirements for a program of study, not the date you participate in graduation ceremonies and receive a certificate or diploma. However, for most degree programs at the University of Delaware, we consider the end of term to be the completion date. Fall: Dec 31st; Winter: Jan 31st; Spring: May 31st; Summer: August 31st.

Mailing the Application:

We recommend that you mail your application by using a service that will allow you to track or confirm that USCIS received of your package.

 

If you are using U.S. Postal Service, please mail to the address below:
U.S. Citizenship & Immigration Services
P.O. Box 660867
Dallas, TX 75266

 

If you are using any other express mail service (FedEx, UPS...), please mail to the address below:
U.S. Citizenship & Immigration Services
Attn: AOS
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

After You Have Applied For OPT:

Once USCIS receives your OPT application packet, you will receive an email confirmation with your receipt number. You can use the receipt number to check the status of your application by going to wwww.uscis.gov and entering your number and then signing up for email notification. A paper receipt notice will be sent to our office. Once we have received you OPT card, we will notify you by email. We will release your card to you once we have confirmation that you have completed your program.

After You Have Received Your OPT card:

Upon receipt of your card, make sure to check for any errors and if you find any, inform OISS immediately.
Make sure you report to OISS if you have changed your address, employer, or visa status by submitting the "Report of Changes for F-1 Students on OPT" form.

Please note: Please note: Students granted OPT may not accrue more than 90 cumulative days of unemployment during your period of OPT.

OPT STEM Extension

F-1 students in the Science, Technology, Engineering, and Mathematics fields (STEM List ) may seek an extension of their post OPT for an additional 17 months providing they have employment with an employer that is e-verified. The student must file the application before the post-completion OPT ends but might not file sooner than 120 days prior to that date.

Application and Authorization Procedures:

To apply for optional practical training after completion of a course of study you must come or mail the following to OISS:

1. A copy of your diploma or graduation certificate
2. Completed Form I-765 and Form G-1145 .(Please Read the instruction before printing or filling the form)
   Note: use OISS address on the I-765 form: c/o OISS, 413 Academy St. Room 151, Newark, DE 19716
3. Copies of ALL Form I-20's page 1 and 3 (including I-20's from other institutions), passport, visa and your I-94 card (back and front).
4. Copies of all your EADs.
5. A personal check or money order for $380 made payable to U.S. Department of Homeland Security.
6. Two passport type photos.
7. Employment letter.
8. Pre-paid mailing label (if you submitted the documents by mail) or eshipglobal request Note: If you do not provide a mailing label, OISS will send your documents back to you via regular mail

After reviewing these documents to determine your eligibility for practical training, an adviser at OISS will issue a new Form I-20 recommending the requested period of optional practical training. If you submitted the documents by mail, OISS will send all the documents back to you. You will need to sign your new I-20, copy page 1 & 3, and include it with all the other documents. You will then mail your application to USCIS.

Please note again that your practical training application is not approved until you have your photo EAD, and that the wait may be as long as 90 days. However, you might work for 180 days while your application is pending as long as USCIS receives your application before your post-completion OPT expires

Mailing the Application:

We recommend that you mail your application by using a service that will allow you to track or confirm that USCIS received of your package.

 

If you are using U.S. Postal Service, please mail to the address below:
U.S. Citizenship & Immigration Services
P.O. Box 660867
Dallas, TX 75266

 

If you are using any other express mail service (FedEx, UPS...), please mail to the address below:
U.S. Citizenship & Immigration Services
Attn: AOS
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

After You Have Applied For OPT:

Once USCIS receives your OPT application packet, you will receive an email confirmation with your receipt number. You can use the receipt number to check the status of your application by going to wwww.uscis.gov and entering your number and then signing up for email notification.

After You Have Received Your OPT card:

Upon receipt of your card, make sure to check for any errors and if you find any, inform OISS immediately.
Make sure you report to OISS if you have changed your address, employer, or visa status by submitting the "Report of Changes for F-1 Students on OPT" form.

Changing your employer while on OPT STEM extension:

Students on OPT STEM extension may change employer if the new employer is an E-verify employer. Students must report all the changes to OISS by submitting the "Report of Changes for F-1 Students on OPT" form. In addition, students must submit an updated Form I-765 to USCIS (no application fee required). The updated form should include the new E-verify number, a copy of the receipt the student received from USCIS when the student submitted the original I-765 form, and a brief letter explaining the reason for the new submission.

Please note: Students on STEM OPT are allowed an additional 30 days of unemployment, so they may not accrue more than 120 days of unemployment in the aggregate.

H-1B Cap-Gap Extension

The duration of status (D/S), and any post-completion OPT work authorization, will be automatically extended for an F-1 student who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 (the first day of the following fiscal year). To apply for the I-20 Gap-Cap, please send a copy of your H1B receipt or approval notice to oiss@udel.edu

If the student is in his or her 60-day grace period, the student is eligible for an extension of status, but not of work authorization.

Economic Hardship

F-1 students who experience a serious economic hardship due to an unforeseen change in their financial situation may qualify for off-campus employment authorization. The Student must have been in F-1 status for at least one full academic year and must prove to USCIS that employment is necessary due to severe economic hardship caused by circumstances beyond his or her control that arose after obtaining F-1 status. Examples of unforeseen economic hardship include "loss of financial aid or on-campus employment without fault on the part of the student, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of the student's source of support, medical bills, or other substantial and unexpected expenses." To apply for employment through Economic Hardship, please contact your OISS advisor.

J-1 STUDENT REQUIREMENTS

On-Campus Employment

J-1 students are generally permitted to work on-campus while attending school given that the basic requirements (listed above) are met. Employment on-campus is limited to part-time (20 hrs/ week) during Fall and Spring Semesters and full-time during Winter and Summer.

Off-Campus Employment

Academic Training

Students on a J-1 student visa are eligible for employment through "Academic Training" for up to 18 months or the length of the program, whichever is shorter. More than 18 months can be approved only if it is necessary to satisfy the mandatory requirements of his or her degree program. Doctoral students might be eligible for an additional 18 months of post-doctoral academic training. The total training period may not exceed the period of full course of study, meaning that if the full course of doctoral study is less than 36 months, academic training would be limited to that lesser duration. The training must be related to the student's field of study. It is available before completion of your program of study as well as afterwards. As long as you stay within the stipulated time limits, it lets you work part-time during the academic year (Fall & Spring) and full-time during Winter and Summer; Students on sustain status may be eligible for Full-time employment. Nondegree students are eligible to participate in academic training, but are also subject to the requirement that time in academic training not exceed the time spent in the program of study, and that the student be primarily in the United States to study rather than engage in academic training.

To qualify for Academic Training, you must first obtain approval in writing from your J-1 Responsible Officer, who represents your J-1 sponsor and issues your Form DS-2019. He or she must evaluate the proposed employment in terms of your program of study and your individual circumstances, and then decide whether it would be appropriate or not. If your school is your sponsor, then your J-1 Responsible Officer is probably your international student adviser. If your J-1 sponsor is an agency, and if you are uncertain how to reach your J-1 Responsible Officer, your international student adviser will help you find out, but has no authority to grant employment permission.

Eligibility:

• Your primary purpose in the United States must be study rather than Academic Training.
• You must be in good academic standing at the school named on your Form DS-2019.
• The proposed employment must be directly related to your major field of study.
• Throughout your Academic Training you must maintain permission to stay in the United States, in J-1 student status, and apply for extensions as necessary.
• You must maintain health insurance coverage for yourself and any J-2 dependents throughout your Academic Training.

Limitations

1. Your employment may be authorized for "the length of time necessary to complete the goals and objectives of the training, provided that the amount of time... is approved by [both] the academic dean or advisor and... the responsible officer, "to quote the regulations. It may not exceed the period of full course of study or 18 months, whichever is shorter. If you receive a Ph.D., however, your "post-doctoral training" may last as long as 36 months. Additional Academic Training, beyond the 18 or 36-month limit, is allowed only if it is required for the degree. The total training period may not exceed the period of full course of study.
2. Part-time employment for Academic Training counts against the 18 or 36-month limit the same as full-time employment.
3. Earning more than one degree does not increase your eligibility for Academic Training.
4. Academic Training approved after completion of your program must be reduced by any prior periods of "Academic Training."
5. Academic Training following completion of your program of study must involve paid employment. Unpaid academic training following completion of the degree program is permissible only if the student is supported from other sources such as the home government.
6. Whether the other items in the application are ready or not, you must obtain a written offer of appropriate employment and present a copy to your J-1 Responsible Officer no later than 30 days after the end of your program, or you will lose eligibility for Academic Training after completion.
7. If you plan to leave the United States after you complete your program of study and reenter the country for J-1 Academic Training, you must obtain authorization before you leave. Otherwise, you will have trouble reentering. Consult your J-1 Responsible Officer for advice.

Application and Authorization Procedures:

1. Obtain a letter of offer from your prospective employer that includes your job title, a brief description of the "goals and objectives" of your Training program (your employment), the dates and location of the employment, the number of hours per week, salary, and the name and address of your "training supervisor" (the quotations come from the regulations). Make sure that your employer's letter includes all of these details. (see Sample Employer's Letter for J-1 Academic Training
2. Give a copy of your employer's letter to your academic adviser or dean for use in writing to your J-1 Responsible Officer recommending the Academic Training. According to the text of the regulation, your adviser's letter must set forth
   1. The goals and objectives of the specific training program;
   2. A description of the training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training;
   3. How the training relates to the student's major field of study; and
   4. Why it is an integral or critical part of the academic program of the exchange visitor student."
   5. Your adviser must also approve your Academic Training for the length of time necessary to complete the goals and objectives of the training.
3. When your academic adviser's recommendation is ready, you should deliver or send it to your J-1 Responsible Officer, with a copy of the employer's letter attached.
4. Your J-1 Responsible Officer must evaluate the Academic Training program and decide whether it is warranted and appropriate. If so, he or she will write you a letter of approval. To authorize post-doctoral training your J-1 Responsible Officer must also issue you a new Form DS-2019, for no more than 18 months at a time.

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