F-1 Information for Employers

CPT may be authorized by an F-1 student’s academic institution—not by US Customs and Immigration Services (USCIS)—for F-1 students participating in curricular‐related employment, such as:

• cooperative education
• work study
• practicum
• internship programs

Authorization is indicated on page 3 of the student’s Form I‐20 and includes the name of the company, beginning and ending date of employment, and signature of the designated school official (DSO).

Processing time for CPT authorization can take up to two weeks. Before finishing their studies, international students on F‐1 visas are eligible for both CPT and 12 months of Optional Practical Training (OPT; see below). However, students who work fulltime on CPT for one year or more are not eligible for OPT.

Students on F-1 visas are eligible Optional Practical Training (OPT), a work benefit that allows them to work in the US in their field of study for 12 months. OPT must be authorized by US Citizenship and Immigration Services (USCIS), based on a recommendation from the designated school official (DSO) of the institution that issued the student’s Form I-20 (a government document that verifies the student’s admission to the institution).

Students are eligible for 12 months of OPT for each degree level (i.e., 12 months for a bachelor’s degree, another 12 months for a master’s degree, and so on). Students who obtain a degree in a Science, Technology, Engineering, and Mathematics (STEM) field may be eligible for an additional 24 months of OPT per degree level (see below).

A student can work with an OPT designation prior to concluding their studies. This is called Pre-Completion OPT.

Under OPT, enrolled students can work a maximum of 20 hours per week while school is in session. When school is not in session, OPT students can work a full-time schedule. After completing all degree requirements, OPT students can work a full- or part-time schedule.

OPT students who earn eligible degrees from US institutions in a science, technology, engineering and mathematics (STEM) field may apply for additional OPT time.

STEM OPT details as of May 10, 2016

• STEM OPT is good for up to 24 months, allowing a total of 36 months of work authorization.
• Employers and students must complete the required Form I-983 training plan.
• STEM OPT employment must be paid; self-employment is not allowed.
• Students will qualify for up to two STEM OPT extensions if they earn multiple STEM degrees in the US
• Students may be eligible for a STEM extension based on a previously earned STEM degree.

Responsibilities and obligations

Employers must adhere to numerous STEM OPT requirements. Some of those requirements are enumerated here, but pay particular attention to the attestation on page 2 of the I-983 Training Plan and the employer information provided by Study in the States.

General employer requirements include registration with the E-Verfiy program and assurance that hiring an international student with STEM employment will not displace a US worker.

Notes for employers

• Rules apply for all STEM OPT students
• You must have and maintain a bona fide employer-employee relationship with the student.
• You must be an E-Verify employer.
• You are required to develop a training plan for the student.
• You must complete Form I-983.
• You will provide two evaluations for the student over the course of the STEM OPT.
• You are responsible for proving compliance during government site visits.
• You are obligated to provide the STEM OPT student with an opportunity that is commensurate with those of similarly situated US workers in terms of duties, hours and compensation.

About Form I-983

The STEM OPT rule that provides the 24-month STEM OPT regulations increases the educational benefits that F-1 students receive from their practical training experiences by requiring the submission of a formal training plan, using Form I-983.

The formal training plan must clearly articulate the STEM OPT student’s learning objectives and affirm the employer’s commitment to helping them achieve those objectives. To fulfill this requirement, a student and their employer must complete and sign Form I-983 and submit it to ISSA. By signing Form I-983, students and their employers agree that they understand their obligations during the STEM employment.

STEM OPT students and their employers are subject to the terms and conditions of the 24-month STEM OPT extension regulations, effective as of the employment start date requested for the associated STEM OPT period, as indicated on Form I-983.

STEM OPT students may participate in entrepreneurial ventures where the student is an employee. However, they may not act as their own employer or as the signatory for the employer for the purposes of the form.

Form I-983 instructions