选择性实践培训(OPT) -状态, 就业 Obligations and Other Constraints

状态:

While you are on OPT, you are still in F-1 student status under the jurisdiction of 皇冠体育大学. You will still have a record in SEVIS and your compliance with the following obligations will be tracked in SEVIS. 因此,下列规定仍然适用:

  1. 你必须报告所有的地址, phone number and employer additions or changes within 10 days of the change by use of the SEVP门户 or email iss@mybullet.net. 这些数据将被输入到SEVIS系统.
  2. You must have a current travel signature (within the last 6 months) on your I-20 before leaving the US if you intend to return to the U.S. 看到 Optional Practical Training (OPT) – 出国旅行.
  3. You must have a valid F-1 visa to enter the U.S.  This is why your EAD card states "Not eligible for re-entry" because the EAD card itself is not enough to verify your F-1 status.
  4. 你必须保持护照有效.

就业义务:

While on OPT, you must be employed to be considered to be in status. You must report all employment changes within 10 days by use of the portal or by email iss@mybullet.net. 报告数据:职位名称, Employer name address and EIN – (Employer Identification Number if known), Your work site address if different from employer’s address, 主管的名字, 电话号, 和电子邮件地址, exact start date and end date if applicable.

You are permitted to have more than one job and are able to add additional jobs through the Portal.

Unemployment for more than 90 aggregate days is a violation of status. SEVIS calculates unemployment based upon the employment reports made via the Portal.

请注意 leaving the US does not stop the unemployment counter. If you decide to discontinue your employment (or never actually start a job), you must notify the ISA that you are leaving for good and forfeiting the rest of your OPT authorization period. Your SEVIS record must be "COMPLETED" to stop the unemployment counter. Otherwise you will accumulate excessive unemployment which could impact future travel and/or study in the U.S.

The ISA is not required to terminate a record for excessive unemployment. At the present time (August 2021) DHS has not yet activated the auto terminate function for excessive unemployment.

Types of 就业 that Qualify as 法律 就业:

All OPT employment must be in a job that is related to your field of study.

  1. Paid 就业 (meaning on the employer’s regular payroll): Either full-time employment or part-time employment of at least 20 hours per week is acceptable to satisfy your employment obligation.
  2. 多个雇主: You work for and report work for multiple employers, but all employment must be related to field of study. Multiple short-term gigs such as a musician might have come under this type of employment.
  3. 受雇或合同工: This is commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than in an employer/employee relationship. Student should keep detailed records of such employment. Also this type of employment has very different tax obligations depending on whether you are a resident or non-resident for taxes.
  4. 自由职业者/企业主: A student on OPT can start their own business and work in it full-time, 但仅限于OPT的12个月. Self employment also includes creating works of art or designing web applications with the expectation of later sales. There is a self-employed option on the SEVP门户.
  5. 通过人力资源机构就业: Student must keep records to prove that employment assignments are in your field of study and are for at least 20 hours per week. 请注意 this type of employment is ONLY permitted during your first 12 months of OPT. 不接受STEM扩展.
  6. 无薪工作: 学生 may work as a volunteer or unpaid intern where this does not violate labor laws. The work must be at least 20 hours per week. You must maintain your own records with appropriate confirmation from the employer to document that the employment is in your field of study and is for at least 20 hours per week. This type of work is also not eligible for STEM Extension.

OPT期间在校:

Because your purpose during OPT is to be employed, enrolling in classes is restricted. If you do choose to enroll in additional studies while still maintaining your employment, or if your employer requires that you study concurrently while working, such classes need to be in the same field as your original program of study. 你不能在OPT期间注册全日制课程.

If decide to begin a new full-time program of study, you must send a request to iss@mybullet.net to have your SEVIS record released to another school at which time your OPT will be finished. You must stop work and will have forfeit any remaining OPT time. The unused remaining OPT time is not recoverable.