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Author: Moon Bong-seop, Esq. (NJ, CT, NY Attorney)
Photo Credit: Getty Images
As university and graduate students anticipate their graduation in May this year, they must carefully plan how to maintain their legal status post-graduation. This includes strategizing both their future status plans and their Optional Practical Training (OPT) applications. Many tend to underestimate the importance of OPT applications compared to H1B petitions. However, failure to adhere to the rules governing OPT application and maintenance often results in rejection. Below are crucial points to consider:
First, students must submit their OPT applications to the immigration office within 30 days of the OPT I-20 issuance date. The office will reject applications even if they are late by just one day. Students frequently encounter rejections due to oversight of this 30-day period, as seen in 2019, making vigilance essential.
Second, accuracy is crucial when verifying the immigration office's application fee during the EAD card application process. A common mistake by graduates is the fee's exact amount, which must be precisely $410. Ensure that the numerical and written amounts match and that the check's date is accurate. A misdated year, such as writing 2019 instead of 2020, will result in rejection. Additionally, applicants must not simultaneously include a check and make an online card payment. Insufficient account balances leading to returned checks will also result in application rejection.
Third, the commencement of work must only occur after receiving the EAD card and must align with the start date specified on the EAD card application. Compliance with these requirements is mandatory. The term "work" here includes unpaid volunteer positions, necessitating adherence even in volunteer situations.
Fourth, students must maintain full-time employment throughout the OPT period, defined as working at least 21 hours per week.
Fifth, any changes regarding employment conditions or personal information, such as address changes, must be reported within 10 days via the SEVP Portal online. Non-compliance may result in termination of the SEVIS record.
Finally, exceeding 90 days of unemployment during the 12-month OPT period violates OPT rules, also leading to SEVIS record termination. With recent EAD card processing times often exceeding five months, early application submission is crucial.
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This article offers general information and should not be construed as specific legal advice. For precise legal counsel tailored to individual cases, consultation with an attorney is recommended.
