[Intl-stu] Very important information for students currently on OPT!

[International Students]

This email contains important information for students who are currently
on 12-month and 17-month extension OPT.  Please visit our OPT FAQ
section at
http://www.tamu-commerce.edu/international/employment_cpt_opt.asp for
more information or contact an international advisor at the ISSO with
any questions or concerns.

 

 

The ISSO wants to remind all students that there is a new unemployment
rule that was effective April 2008 for 12-month and 17-month OPT
extension.  For 12-month OPT, the rules state that students cannot be
unemployed for an aggregate of more than 90 days during the 12-month OPT
period.  Unemployment for 10 days or less will not count toward the
unemployment total: example, changing employers within a period of 10
days or less.

 

USCIS states that the following activities are considered allowable
employment for 12-month OPT only and the employment must be directly
related to the academic major listed on your OPT I-20:

*     Regular paid employment for at least 20 hours per week in a
position directly related to the student's program of study. Students
may work for multiple employers, as long as it is directly related to
the student's program of study. 

*     Payment by multiple short-term multiple employers.  Students, such
as musicians and other performing artists may work for multiple short
term employers (gigs). The student should maintain a list of all gigs,
the dates and duration. If requested by DHS, students must be prepared
to provide evidence showing a list of all gigs.

 

*     Work for hire.  This is also commonly referred to as 1099
employment where an individual performs a service based on a contractual
relationship rather than an employment relationship. If requested by
DHS, students must be prepared to provide evidence showing the duration
of the contract periods and the name and address of the contracting
company. 

 

*     Self-employed business owner.  Students on OPT may start a
business and be self-employed. In this situation, the student must work
full time. The student must be able to prove that he or she has the
proper business licenses and is actively engaged in a business related
to the student's degree program.

 

*     Employment through an agency.  Students on post-completion OPT
must be able to provide evidence showing they worked an average of at
least 20 hours per week while employed by the agency. 

 

*     Volunteers or unpaid interns.  Students may work as volunteers or
unpaid interns, where this does not violate any labor laws. The work
must be at least 20 hours per week for students on post-completion OPT.
These students must be able to provide evidence from the employer that
the student worked at least 20 hours per week during the period of
employment. 

For students on 17-month extension, the rule states that students cannot
be unemployed for an aggregate of 120 days for the combined 12-month and
17-month extension period.  Unemployment for 10 days or less will not
count toward the unemployment total:  example, changing employers within
a period of 10 days or less.  Also, unlike the 12-month OPT employment
exceptions employment during the 17-month extension has to be paid
employment for at least 20 hours a week.  Also, all employers during the
17-month extension have to be registered with E-Verify and the
employment must be directly related to your academic major listed on
your OPT I-20.  

 

If you are unemployed for more than an aggregate of 90 days during
12-month OPT, or an aggregate of more than 120 days for the 12-month and
17-month extension combined, USCIS has stated that you may not be
eligible for future benefits that rely on a valid F-1 status if USCIS
determines that you have exceeded the limitations of unemployment.  

 

In addition, we have been contacted by students who are currently out on
OPT who want to return to A&M- Commerce to pursue a second degree.  This
is possible, however realize that you cannot cancel your current OPT
authorization and then regain it after you complete the second degree.
Once you are approved for OPT and pass your start date on the EAD, you
cannot cancel the OPT and regain any of the time.  If you return to
pursue a second degree your OPT authorization will end the first day of
the semester you begin your new academic program.  You will not be
eligible for an additional 12-months at the same education level nor
will you be eligible for the 17-month extension at the same education
level.  Please contact an international advisor at the ISSO with any
questions or concerns.         

 

John Mark Jones, Director

International Student Services

Texas A&M University- Commerce

PO Box 3011

Commerce, TX 75429

Phone:  (903) 468-8144    

FAX:  (903) 468-3200

http://www.tamu-commerce.edu/international

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.tamuc.edu/pipermail/intl-stu/attachments/20090304/44434f05/attachment.htm