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F-1 Optional Practical Training Prior to the Completion of Studies: Part One

What is F-1 Optional Practical Training?
Practical training is the opportunity to apply knowledge gained in the classroom to a practical work experience off campus. Optional practical training is authorized by the U.S. Immigration and Naturalization Service (INS). This authorization can take up to 90 days to obtain. The maximum amount of time granted to work in F-1 practical training status is 12 months. You may use some or all of the available 12 months of practical training during your course of study or save the full twelve months to use after you graduate.

What are the Eligibility Requirements for F-1 Optional Practical Training?
To be eligible to apply for optional practical training, you must: (1) have been in full time student status for at least one full academic year, (2) be maintaining valid F-1 status at the time of the application and is eligible and intends to register for the next semester, and (3) intend to work in a position directly related to your major field of study. As of January 1, 2003, an F-1 student may become eligible for another 12 months of optional practical training when he or she moves to a higher educational level. This benefits, for example, a student who has used 12 months of optional training after completing a bachelor's degree and is now completing a masters or PhD program.

How can I use optional practical training before I complete my academic program?
Students meeting the eligibility requirements listed above may apply for optional practical training (1) part-time while school is in session, (2) full-time during annual vacation periods, and/or (3) full-time after you completed all course requirements for the degree and have a thesis requirement remaining. Any periods of optional practical training used before the completion of your studies will be deducted from the total allowable period of 12 months. Part-time practical training will be deducted at one-half the full-time rate. In other words, four months of part-time practical training will result in two months deducted from your 12 month total.

How long does it take to get authorization for optional practical training and when should I apply?
Authorization for optional practical training is granted by the Immigration and Naturalization Service and can take up to 90 days to obtain. Therefore it is important that you apply for the authorization well in advance of the date you wish to commence employment . You may submit your application as early as 90 days before the date you wish to begin your practical training employment . If you are applying for OPT for the summer following your first academic year, you may submit your application as outlined above. However, optional practical training cannot begin until you have completed one full academic year.

Do I need to have a job to apply for optional practical training?
You do not need to have a job offer before applying for optional practical training. However if you are applying for optional practical training during your course of study or vacation periods, you will want to either have a job offer or a firm job prospect because periods of optional practical training cannot be rescinded once the period requested has been authorized.

How will I know if the practical training application has been approved?
You will receive from the INS a small photo identification card, called an Employment Authorization Document (EAD). This card will state the type and length of the period of employment authorized. When you receive this card, check to make certain all the information is correct.

Can I begin working before I receive the Employment Authorization Document?
No, you may not begin employment before you receive your EAD from INS. Working before practical training has been authorized by the INS constitutes illegal employment that will jeopardize your legal status in the U.S.

Can I travel abroad and re-enter the U.S. without having received the Employment Authorization Document?
Yes you can travel outside the U.S. and return while on optional practical training (or while your application is pending) before the completion of your studies as long as are or will continue to be a full-time student at Yale. You do need to make certain that you have all the other necessary documents for re-entry, including: (1) a valid passport, (2) a valid F-1 visa stamp in your passport, and (3) your original I-20 endorsed for re-entry by an OISS advisor within the last six months. Canadian citizens are exempt from the passport and visa requirements and need carry only a valid and endorsed I-20 of visa.

Will I have to pay U.S. taxes for income earned while on practical training?
In general, F-1 students who have been in the U.S. for fewer than six calendar years are exempt from social security (FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer, as many employers are not familiar with this provision of the tax law. You will be subject to all other taxes that may apply: federal, state and local. You should check to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation.

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