Chapter 5 - Practical Training

A. General

Practical training (PT) is employment that is directly related to a student’s major area of study.^[1]

F-1 students may engage in three types of PT:

• Curricular Practical Training (CPT);
• Optional Practical Training (OPT) (pre-completion or post-completion); and
• Science, Technology, Engineering, and Mathematics Optional Practical Training extension (STEM OPT).

PT may be authorized for an F-1 student at a U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified college, university, conservatory, or seminary, who has been lawfully enrolled, full-time, for one full academic year. Students may count time enrolled in a study abroad program toward the full academic year requirement, if the student spent at least one full academic term (that is, one semester, trimester, or quarter) enrolled in a full course of study in the United States prior to studying abroad.^[2]

Students in English language training programs are ineligible for PT.^[3]

M-1 students may engage in PT only after they complete their course of study.^[4]

B. F-1 Student Curricular Practical Training

CPT is alternative work-study, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.^[5] No application to USCIS for employment authorization or an Employment Authorization Document (EAD) (Form I-766) is required, but the student must request authorization for CPT from the student’s Designated School Official (DSO). The CPT must be an integral part of an established curriculum.^[6]

CPT occurs before the student’s program end date on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20). CPT may be part-time or full-time.^[7] An F-1 student who has received 1 year or more of full-time CPT is ineligible for post-completion OPT at the same educational level.^[8]

To participate in CPT, students must:

• Have completed one full academic year and be lawfully enrolled on a full-time basis at an approved ICE SEVP-certified school;^[9]
• Be enrolled in a full course of study;
• Obtain their DSO’s endorsement on their Form I-20 and not begin CPT before the CPT start date indicated on the form;^[10]
• Participate in an alternative work/study, internship, cooperative education or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the students’ respective schools;^[11] and
• Not be English language training students.

C. F-1 Student Optional Practical Training

OPT can be authorized either prior to completion of the degree program (pre-completion OPT) or following the completion of the degree program (post-completion OPT). Pre-completion OPT can be completed while school is in session, provided that the training does not exceed 20 hours a week while school is in session. During the student’s annual vacation and at other times when school is not in session, OPT can exceed 20 hours per week if the student is currently enrolled, is eligible for registration, and intends to register for the next term or session.^[12]

A student may be authorized for 12 months of OPT and would become eligible for another 12 months of practical training if the student were to change to a higher educational level.^[13]

A student who has not used any practical training and changes to a lower education level, where OPT would normally be available, may use the student’s initial 12 months of practical training at the lower education level. Each period of OPT must be recommended by the DSO and authorized by USCIS, as shown by a valid EAD.^[14] If an F-1 student applies for post-completion OPT at the same educational level at which the student had pre-completion OPT, the amount of time approved for pre-completion OPT is deducted from the post-completion OPT authorized period.

Overtime and periods of unemployment are not considered when calculating the amount of OPT used. Rather, OPT usage is calculated based on the period of OPT authorized. For example, if an F-1 student had already received 6 months of full-time pre-completion OPT during the same degree program, but with overtime the total number of hours worked was equivalent to 7 months, the total remaining OPT time still available would be reduced by 6 months, half of the previously authorized year.

An F-1 student who has completed an authorized period of post-completion OPT may remain in F-1 status for 60 days beyond the EAD expiration date.^[15] This is commonly known as a grace period, during which the F-1 student may contact their DSO to change their education level, transfer to another SEVP-certified school,^[16] or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.

OPT, including STEM OPT, is automatically terminated if an F-1 student:

• Transfers to another school;             
• Begins a new degree level at the same school;
• Changes to a different nonimmigrant status, such as H-1B;
• Fails to maintain F-1 status; or
• Is enrolled in a school that closes.

The effective termination date is the release date in the Student and Exchange Visitor Information System (SEVIS) for school transfer or change of program at a new degree level; the effective date of the new nonimmigrant status; the date the student violated F-1 status, as appropriate; or the date that ICE SEVP terminates the school in SEVIS upon the school’s closure. 

1. Pre-Completion OPT

A student enrolled at an ICE SEVP-certified college, university, conservatory, or seminary may apply to USCIS for authorization for pre-completion OPT by properly filing an Application for Employment Authorization (Form I-765) after obtaining the DSO’s recommendation.

The student may not begin pre-completion OPT until the date indicated on the student’s EAD. A student may submit a Form I-765 to engage in pre-completion OPT up to 90 days prior to being enrolled for one full academic year, provided that the period of employment will not begin until after the completion of the full academic year as indicated by the DSO. Students need an EAD for each period of pre-completion OPT.

Eligibility

Students must:^[17]

• Obtain the DSO’s recommendation and have their DSO’s recommendation entered into the student’s SEVIS record and annotated on their Form I-20;
• Be enrolled, on a full-time basis, at an ICE SEVP-certified college, university, conservatory, or seminary;
• Have completed one full-time academic year or be within 90 days of completing one full academic year at the time of filing Form I-765;^[18]
• Properly file a Form I-765 with USCIS and receive a valid EAD;
• Not be an English language training student; and
• Maintain a full course of study.

Time Limitations on Pre-Completion OPT

Pre-completion OPT is incremental and cumulative, up to 12 months. It may be granted over the course of the degree program and must take place before the program end date. Any time used for pre-completion OPT impacts the amount of post-completion OPT that USCIS may authorize.

2. Post-Completion OPT

Eligibility

To be eligible to apply to USCIS for post-completion OPT^[19] a student must:

• Have completed a course of study or be in an associate’s, bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent);
• Not be an English language training student;
• Obtain the DSO’s recommendation and have the DSO’s recommendation entered into the student’s SEVIS record and annotated on their Form I-20;
• Properly file a Form I-765 and receive a valid EAD; and
• Not have completed 1 year or more of full-time CPT.

A student may work as a volunteer or unpaid intern, as long as this practice does not violate any labor laws, and the employment is related to the program of study. The student must work at least 20 hours per week.^[20]

Time Limitations on Post-Completion OPT

Post-completion OPT begins on the date USCIS adjudicates the employment authorization request or the date the DSO requests, whichever is later.^[21] A student may not request a start date that is more than 60 days after the student’s program end date.^[22] A student must complete all practical training within a 14-month period following the completion of study.^[23]

An F-1 student may be authorized up to 12 months of practical training, and becomes eligible for another 12 months of practical training when they change to a higher educational level.^[24] If an F-1 student applies for post-completion OPT at the same educational level in which the student had pre-completion OPT, the amount of time approved for pre-completion OPT is deducted from the post-completion OPT authorized period.

Overtime and periods of unemployment are not taken into consideration when calculating the amount of OPT used. For example, if an F-1 student had already received 1 year of part-time pre-completion OPT during the same degree program, the total remaining OPT time still available would be reduced by 6 months, half of the previously authorized year.

An F-1 student who has completed an authorized period of post-completion OPT may remain in F-1 status for 60 days beyond the EAD expiration date. During this grace period, an F-1 student may prepare for departure from the United States.^[25] The F-1 student and any dependents must depart the United States by the end of the grace period if they do not either change the student’s nonimmigrant status, or transfer to an ICE SEVP-certified school.^[26]

An F-1 student may not accrue an aggregate of more than 90 days of unemployment during the period of post-completion OPT.

3. STEM OPT Extension

An F-1 student who meets certain qualifications may qualify for a 24-month STEM OPT extension.^[27] An F-1 student approved for STEM OPT may not accrue an aggregate of more than 150 days of unemployment during a total OPT period. This includes the post-completion OPT period and subsequent 24-month STEM OPT extension period.^[28]

F-1 students with a bachelor’s degree, master’s degree, or doctorate degree in a field with a Department of Education’s Classification of Instructional Programs (CIP) code that appears on the DHS STEM Designated Degree Program List (PDF)^[29] may apply to USCIS for authorization for a 24-month OPT extension (STEM OPT) by properly filing a Form I-765, after obtaining the DSO’s recommendation. This 24-month extension can only be granted once per qualifying degree. If the F-1 students do not fully use the extension, they are ineligible for any subsequent STEM extension.

F-1 students may submit a properly filed Form I-765 up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD and no more than 60 days after their DSO enters the STEM OPT recommendation into SEVIS. 

Students who have timely and properly filed a Form I-765 for the 24-month OPT extension may continue working until the date of the USCIS written decision on the current Form I-765 or for up to 180 days after their current post-completion OPT expires, whichever is earlier.^[30]

If USCIS approves the application, the F-1 student may continue working in accordance with the terms and conditions of the new EAD. If the extension is denied, employment authorization is immediately terminated and the F-1 student’s status ends in 60 days from the date of denial. However, if the application was denied because the student failed to maintain their F-1 status, they must immediately depart the United States.

Eligibility Requirements - Student

To be eligible for a STEM OPT extension, an F-1 student must:

• Have been granted OPT and currently be in a valid period of post-completion OPT;
• Have earned a bachelor’s, master’s, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by ICE SEVP when the student submits the STEM OPT extension application;
• Not be in a multiple employer arrangement, or employed by a sole proprietorship, through a temp agency, through a consulting firm arrangement that provides labor for hire, or other similar relationships, if such arrangements are not bona-fide employer-employee relationships;
• Be employed for no less than 20 hours per week by each qualifying STEM OPT employer; and
• Complete an individualized Training Plan for STEM OPT Students (Form I-983) which identifies goals for the STEM practical training opportunity, including specific knowledge, skills, or techniques that will be imparted to the F-1 student; explains how those goals will be achieved through the work-based learning opportunity with the employer; describes a performance evaluation process; and describes methods of oversight and supervision. The Form I-983 must explain how the training is directly related to the student’s qualifying STEM degree.

Before the student’s DSO at the educational institution of the student’s most recent enrollment may recommend a 24-month OPT extension, the student must follow Form I-983 instructions, have an appropriate individual in the employer's organization sign the form, and submit Form I-983 to the DSO.

Previously Obtained STEM Degrees

To be eligible for a STEM OPT extension based on a previously earned degree, the following requirements at 8 CFR 214.2(f)(10)(ii)(C)(3) and (4) must be met:

• The prior degree must be from a U.S. educational institution that is accredited by a Department of Education-recognized accrediting agency and SEVP-certified at the time of the DSO recommendation;
• The prior degree must be on the DHS STEM Designated Degree List at the time of the DSO recommendation;
• The prior degree must have been conferred within the 10 years preceding the DSO recommendation;
• The prior degree must be directly related to the practical training opportunity; and
• The student may not have previously received a STEM OPT extension based on the prior degree.

For example, if the student is currently participating in OPT based on completion of a non-STEM master’s degree, but previously received a bachelor’s degree in a field that appears on the DHS STEM Designated Degree Program List at the time of the DSO recommendation, the student may be able to apply for a STEM OPT extension based on the bachelor’s degree as long as it is from an accredited U.S. college or university and the OPT employment opportunity is directly related to the bachelor’s STEM degree.

Future STEM Degrees

If, in the future, an F-1 student enrolls in a new academic program and earns another qualifying STEM degree at a higher educational level, the student may be eligible for one additional 24-month STEM OPT extension, for a total of two lifetime STEM OPT extensions.

For example, if the student receives a 24-month STEM OPT extension based on a qualifying bachelor’s degree and the student later earns a qualifying STEM master’s degree, the student may apply for an additional 24-month STEM OPT extension based on the qualifying master’s degree.

Eligibility Requirements-Employer

An employer who wants to provide a practical training opportunity to a STEM OPT F-1 student during the student’s extension must:

• Be enrolled in E-Verify, as evidenced by either a valid E-Verify company identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify client company identification number;^[31]
• Remain a participant in good standing with E-Verify, as determined by USCIS;^[32]
• Have a valid Employer Identification Number issued by the Internal Revenue Service for tax purposes;^[33]
• Report material changes of the F-1 student’s employment by submitting a modified Form I-983 to the DSO at the earliest available opportunity;^[34]
• Implement a formal training program to augment the F-1 student’s academic learning through practical experience;^[35]
• Provide an OPT opportunity that is commensurate with those of similarly situated U.S. workers in duties, hours, and compensation;^[36] and
• If applicable, report the F-1 student’s termination of employment or departure to the DSO within 5 business days.^[37]

To ensure the integrity of the program and provide safeguards for U.S. workers, any employer wishing to employ a student participating in the STEM OPT extension program must ensure that:

• The employer will maintain a bona fide employer-employee relationship with the F-1 student;^[38]
• The employer has sufficient resources and personnel available to provide appropriate training in connection with the specified opportunity at the location or locations specified in the Form I-983;^[39]
• The F-1 student will not replace a full or part-time, temporary, or permanent U.S. worker;^[40] and
• The training opportunity will assist the F-1 student in attaining the student’s training goals.^[41]

To employ a STEM OPT F-1 student, an employer must have and maintain a bona fide employer-employee relationship with the student.^[42] The employer must attest to this fact by signing the Form I-983. The employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student.^[43]

To establish a bona fide relationship, the employer may not be the F-1 student’s employer in name only, nor may the F-1 student work for the employer on a volunteer basis.^[44]

An employer must have sufficient resources and trained or supervisory personnel available to provide appropriate training in connection with the specified training opportunity. These personnel must be located where the F-1 student’s practical training experience will take place, as specified in the Form I-983.

The personnel who may provide and supervise the training experience may be either employees of the employer, or contractors whom the employer has directly retained to provide services to the employer. However, employees or contractors of the employer’s clients or customers may not provide and supervise the training experience of the STEM OPT F-1 student. An F-1 student with OPT or a STEM OPT extension (who is undergoing training in their own right) is never considered qualified to train another F-1 student with a STEM OPT extension.

Employers may rely on their existing training programs or policies to satisfy the performance evaluation, oversight, and supervision requirements, but the F-1 student’s Form I-983 must nevertheless be customized for the individual F-1 student. Every Form I-983 must describe the direct relationship between the STEM OPT opportunity and the F-1 student’s qualifying STEM degree, as well as the relationship between the STEM OPT opportunity and the F-1 student’s goals and objectives for work-based learning.

A STEM OPT employer may not assign, or otherwise delegate its training responsibilities to a non-employer third party (for example, a client or customer of the employer, employees of the client or customer, or contractors of the client or customer).

DHS, at its discretion, may conduct a site visit of any STEM OPT employer to ensure that the employer possesses and maintains the ability, personnel, and resources to provide structured and guided work-based learning experiences consistent with the information provided on Form I-983.^[45]

During a site visit, DHS may verify that the employer that signed the Form I-983 is the same entity that is providing the practical training experience to the F-1 student and ensure compliance.

For DHS to effectively conduct these site visits as part of its oversight responsibilities, it is important that employers report any change in an F-1 student’s employment address. As indicated above and further explained below,^[46] the employer and F-1 student must report such a material change by submitting a modified Form I-983 to the DSO at the earliest available opportunity.

Staffing and temporary agencies and consulting firms may employ F-1 students under the STEM OPT program if they will be the entity that provides the practical training experience to the F-1 student and have and maintain a bona fide employer-employee relationship with the F-1 student.

F-1 students may engage in a training experience that takes place at a site other than the employer’s principal place of business as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student.

Certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through temp agencies, employment through consulting firm arrangements that provide labor for hire, and other similar relationships may not be able to demonstrate a bona fide employer-employee relationship and, therefore, may not meet the requirements of the STEM OPT extension.

F-1 students seeking STEM OPT extensions may be employed by new start-up businesses so long as all regulatory requirements are met, including that the employer adheres to the training plan requirements, remains in good standing with E-Verify, will provide compensation to the STEM OPT student commensurate to that provided to similarly situated U.S. workers, and has the resources to comply with the proposed training plan.^[47] For instance, alternative compensation may be allowed during a STEM OPT extension as long as the F-1 student can show that they are a bona fide employee and that their compensation, including any ownership interest in the employer entity (such as stock options), is commensurate with the compensation provided to other similarly situated U.S. workers.^[48]

As part of the STEM OPT extension, employers must complete the appropriate parts of Form I-983. In this form, employers attest that:

• They have enough resources and trained personnel available to appropriately train the F-1 student;
• The F-1 student will not replace a full or part-time, temporary, or permanent U.S. worker; and
• Working for them will help the F-1 student attain their training objectives.

DHS reviews on a case-by-case basis whether the F-1 student will be a bona fide employee of the employer signing the training plan and verify that the employer that signs the training plan is the same entity that employs the F-1 student and provides the practical training experience.^[49]

Validity Period

If the F-1 student establishes eligibility, DHS grants the STEM OPT 24-month extension for a fixed and uninterrupted period of 24 consecutive months.

The STEM OPT extension begins the day after the initial post-completion OPT expires, not on the date of adjudication, and ends 24 months thereafter, regardless of the date the actual extension is approved.^[50] Filing during the cap-gap extension does not change the STEM OPT extension start date. STEM OPT is not extended by periods of part-time employment or unemployment.

The 14-month limit on completing post-completion OPT does not apply to the STEM OPT extension.^[51]

If the Form I-765 for the STEM OPT extension is denied and the student’s post-completion OPT EAD is expired, OPT employment authorization ends on the date of the decision and the student’s F-1 status ends 60 days after the date of denial. If the Form I-765 for the STEM OPT extension is denied and the student’s post-completion OPT EAD is unexpired, the student will remain employment authorized until the expiration date of the EAD.

If the F-1 student’s degree area is changed from a non-STEM degree to a STEM degree during the last semester, the adjudicating officer may, on a case-by-case basis, request evidence to support the basis of the change.

Evaluation Requirement

An F-1 student on a STEM OPT extension must submit a self-evaluation of the student’s progress toward the training goals described in the Form I-983.^[52] All required evaluations must be completed prior to the conclusion of a STEM practical training opportunity, and the F-1 student and an appropriate individual in the employer’s organization must sign each evaluation to attest to its accuracy. All STEM practical training opportunities require an initial evaluation within 12 months of the approved starting date on the EAD granted pursuant to the F-1 student’s 24-month OPT extension application, and a concluding evaluation. The F-1 student is responsible for ensuring the DSO receives the F-1 student’s 12-month evaluation and final evaluation no later than 10 days following the conclusion of the reporting period or conclusion of the student’s practical training opportunity, respectively.

Training Plan Modifications 

An F-1 student on a STEM OPT extension also must:

• Submit a Form I-983 to the student's DSO within 10 days of beginning a new practical training opportunity with a new employer during the student's 24-month OPT extension and subsequently obtain a new DSO recommendation;
• Sign a modified Form I-983 reflecting any material changes or deviations from the training plan described in the Form I-983; and
• Ensure that that the modified Form I-983 is submitted to the F-1 student’s DSO at the earliest available opportunity.^[53]

4. OPT Reporting and Employment Requirements

Under 8 CFR 214.2(f)(12)(i), an F-1 student granted employment authorization by USCIS to engage in OPT must report to the DSO any change of name or address, or interruption of such employment for the duration of the student’s OPT. A DSO who recommends a student for OPT is responsible for updating the student’s record to reflect these reported changes for the duration of the time that practical training is authorized.

To maintain F-1 status, an F-1 student with an approved STEM OPT extension must also adhere to the following reporting requirements at 8 CFR 214.2(f)(10)(ii)(C)(7) and (9) and 8 CFR 214.2(f)(12)(ii):

• Report to the student’s DSO a change of legal name, residential or mailing address, employer name, employer address, and loss of employment within 10 days of the change;^[54]
• Complete a validation report every 6 months, confirming that the legal name, residential or mailing address, employer name, employer address, and loss of employment has not changed. (The requirement for validation reporting starts on the date the 24-month STEM OPT extension begins, and ends when the F-1 student’s status expires or the 24-month STEM OPT extension concludes, whichever is first. The validation report is due to the F-1 student’s DSO within 10 business days of each reporting date.^[55] The student must report this information to the DSO even if it is unchanged from the prior report. The validation confirms that the required information is still true and accurate.);
• Submit an updated Form I-983 containing their self-evaluation of their progress toward the training goals described in the Form I-983.^[56] (All required evaluations must be completed prior to the conclusion of a STEM practical training opportunity, and the F-1 student and an appropriate individual in the employer’s organization must sign each evaluation to attest to its accuracy. All STEM practical training opportunities require an initial evaluation within 12 months of the approved starting date on the employment authorization document granted pursuant to the F-1 student’s 24-month OPT extension application, and a concluding evaluation. The F-1 student is responsible for ensuring the DSO receives the F-1 student’s 12-month evaluation and final evaluation no later than 10 days following the conclusion of the reporting period or conclusion of their practical training opportunity, respectively.);
• Submit a new Form I-983 to the student’s DSO within 10 days of beginning of a new practical training opportunity with a new employer during their 24-month STEM OPT extension, and subsequently obtain a new DSO recommendation;^[57] and
• Sign a modified Form I-983 reflecting any material changes or deviations from the training plan described in the Form I-983, and ensure that that the modified Form I-983 is submitted to the F-1 student’s DSO at the earliest available opportunity.^[58]

An F-1 student engaging in STEM OPT must complete and submit to the DSO an updated Form I-983 containing their annual self-evaluation describing the progress of the training experience 12 months after the STEM OPT start date, and a final assessment that recaps the training and knowledge acquired during the 24-month training period, signed by the STEM OPT employer. The student’s employer must fill out a new Form I-983 to report to the DSO any material changes to, or material deviations from, the student’s formal training plan.

5. OPT Filing

Eligible students may apply to USCIS for authorization of OPT employment by properly filing a Form I-765. Students need an EAD for each period of practical training.^[59]

The student may not begin OPT until the date indicated on the student’s employment authorization document.^[60] Employment authorization begins on the date the DSO requests or the date USCIS adjudicates the Form I-765, whichever is later.^[61]

Pre-completion OPT

A student may submit an application for pre-completion OPT no earlier than 90 days before being enrolled for one full academic year, provided that the period of employment will not start prior to the completion of the full academic year.^[62] The student must file a properly completed Form I-765 after the student’s DSO enters the OPT recommendation into SEVIS.

Post-completion OPT

A student may apply for post-completion OPT no earlier than 90 days prior to the student’s program end date and no later than 60 days after the student’s program end-date. Within this 150-day window, the student must file a properly completed application no more than 30 days after the student’s DSO enters the OPT recommendation into SEVIS.

A student is maintaining lawful nonimmigrant status while they are engaging in post-completion OPT. To resume full-time studies in a new educational program after a period of post-completion OPT, the student has to complete the transfer procedure.^[63]

If post-completion OPT is denied, the student’s F-1 status expires 60 days from the date the degree program ends or the date of the denial, whichever is later. However, if the application is denied because the student failed to maintain F-1 status, they must immediately depart the United States.

STEM OPT

A student may apply for a 24-month STEM OPT extension up to 90 days before the expiration of the student’s current post-completion OPT EAD and no more than 60 days after their DSO enters the STEM OPT recommendation into SEVIS.

A student who has timely and properly filed a Form I-765 for the 24-month STEM OPT extension may continue working until the date of the USCIS written decision on the current Form I-765 or for up to 180 days after the student’s current post-completion OPT expires, whichever is earlier.^[64]

If USCIS approves the application, the student may continue working in accordance with the terms and conditions of the new EAD. If the extension is denied and the student’s post-completion OPT EAD is expired, employment authorization is immediately terminated and the student’s status ends 60 days from the date of denial. If the extension is denied and the student’s post-completion OPT EAD is unexpired, the student will remain employment authorized until the expiration date of the EAD. However, if the application was denied because the student failed to maintain F-1 status, the student must immediately depart the United States.

D. F-1 “Cap-gap” Extension

1. Automatic “Cap-gap” Extension

An F-1 student who is the beneficiary of an H-1B^[65] petition subject to the numerical limitations identified in INA 214(g)(1)(A)^[66] and who requests a change of status is automatically granted an extension of F-1 status and employment authorization if:

• The F-1 student is currently authorized for OPT employment;^[67]
• The F-1 student has not violated the terms and conditions of the student’s nonimmigrant status;^[68]
• The H-1B petition was timely filed;^[69] and
• The H-1B petition requested an H-1B employment start date of October 1 of the following fiscal year.^[70]

The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on October 1, the start date of the H-1B cap-subject petition filed on their behalf.

Cap-gap occurs because an employer may not file, and USCIS may not accept, a cap subject H-1B petition submitted more than 6 months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1 for the following fiscal year, which starts October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1, but the beneficiary’s OPT employment authorization may expire before the H-1B start date.

Current regulations allow certain F-1 students with a pending or approved cap-subject H-1B petition to remain in F-1 status during the cap-gap period. The regulations provide a way of filling the gap between the end of F-1 status and the beginning of H-1B status that might otherwise occur when F-1 status is not extended for qualifying students.

Once the listed requirements above are met, the automatic cap-gap extension begins and continues until October 1, or until the H-1B petition is rejected, denied, revoked, or withdrawn, or upon the denial or withdrawal of the request for change of nonimmigrant status, even if USCIS approves the H-1B petition filed on the F-1 student’s behalf for consular processing.^[71] The F-2 status of dependents is also extended if the F-1 student’s status is extended. F-2s are not eligible for employment authorization.

F-1 students who do not qualify for a cap-gap extension because they do not meet the requirements noted above, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and seek readmission to the United States in H-1B status for the dates reflected on the approved H-1B petition.

If an H-1B cap-subject petition is filed on the behalf of an F-1 student who has entered the 60-day grace period, the F-1 student will receive the automatic cap-gap extension of the student’s F-1 status, but will not become employment-authorized (since the F-1 student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended).

Unemployment during the cap-gap automatic extension counts toward the 90-day (post- completion OPT) or 150-day (for STEM OPT extension) cumulative maximum allowed unemployment.

2. Termination of Cap-gap Extension

If the student’s H-1B petition is rejected, denied, withdrawn, or revoked, or if the student’s change of status request is denied or withdrawn, the student has the standard 60-day grace period from the date of the rejection, denial, withdrawal, revocation notice, or the student’s program or OPT end date, whichever is later, to prepare for and depart the United States.^[72]

If USCIS denies the H-1B change of status request due to a status violation, misrepresentation, or fraud, the F-1 student is ineligible for the cap-gap extension of status and the 60-day grace period. If USCIS revoked the H-1B petition based on a finding of a status violation, fraud, or misrepresentation discovered following approval, the 60-day grace period and cap-gap extension of status does not apply. In both of these instances, students are required to immediately leave the United States.

3. Travel Outside the United States During the Cap-gap

An F-1 student may generally travel abroad and seek readmission to the United States in F-1 status during a cap-gap period if:

• USCIS has approved the student’s H-1B petition and request for change of status;
• The student seeks readmission before the student’s H-1B employment begins (normally at the beginning of the fiscal year on October 1); and
• The student is otherwise admissible.^[73]

If an F-1 student travels abroad while the application for change of status to H-1B is still pending, the change of status portion of the petition is deemed abandoned. If the H-1B petition on behalf of the student is approved, the student may apply for an H-1B visa from abroad.

E. M-1 Practical Training

1. Application

PT is the only type of work authorization available to M-1 students. It allows M-1 students to get on-the-job training that is not available in their home country.^[74] PT may only be authorized after the M-1 student completes their course of study. M-1 students must obtain the DSO’s recommendation for PT. Prior to their program end date, but not more than 90 days before the program end date, M-1 students seeking PT must apply for permission to accept employment by filing a Form I-765 and an Application to Extend/Change Nonimmigrant Status (Form I-539), to extend their status to allow sufficient time to complete the PT plus a 30-day departure period.^[75]

In some cases, the student finishes the course of study early or U.S. Customs and Border Protection gave the student more time than needed on the student’s Arrival/Departure Record (Form I-94). These students do not need to file a Form I-539 if they have sufficient time left in status to complete their PT and depart. Students must submit a Form I-20 that has been endorsed for PT by the DSO with their Form I-539.

USCIS denies a Form I-765 if the M-1 student departs while the application is pending. An M-1 student may not be admitted to begin PT that was not authorized before the student’s departure from the United States.^[76]

2. Duration

USCIS grants 1 month of employment authorization for each 4 months of full-time study that the M-1 student has completed, not to exceed an aggregate of 6 months.^[77] USCIS does not grant the student employment authorization if the student cannot complete the requested PT within 6 months. The M-1 student may not begin employment until USCIS has issued them an employment authorization document.

Footnotes

[^ 1] See 8 CFR 274a.12(b)(6)(iv), 8 CFR 214.2(f)(10), 8 CFR 214.2(f)(11), and 8 CFR 214.2(f)(12).

[^ 2] See 8 CFR 214.2(f)(10).

[^ 3] See 8 CFR 214.2(f)(10).

[^ 4] See 8 CFR 274a.12(c)(6) and 8 CFR 214.2(m)(14).

[^ 5] See 8 CFR 214.2(f)(10)(i).

[^ 6] See 8 CFR 214.2(f)(10)(i).

[^ 7] See 8 CFR 214.2(f)(10)(i)(B).

[^ 8] There is no maximum number of hours placed on CPT. Instead, the DSO indicates on the Form I-20 that training is authorized for full-time or part-time. See 8 CFR 214.2(f)(10)(i)(B).

[^ 9] See 8 CFR 214.2(f)(10). Students enrolled in master’s degree or doctorate programs that require immediate participation in CPT are exempt from the one-academic-year eligibility rule. See 8 CFR 214.2(f)(10)(i).

[^ 10] See 8 CFR 214.2(f)(9)(ii)(D).

[^ 11] See 8 CFR 214.2(f)(10)(i).

[^ 12] See 8 CFR 214.2(f)(9).

[^ 13] See 8 CFR 214.2(f)(10).

[^ 14] For information concerning EAD requirements for F students, see Volume 10, Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 2, Eligibility Requirements [10 USCIS-PM A.2].

[^ 15] See 8 CFR 214.2(f)(10)(ii)(D). 

[^ 16] See the DHS Change Education Level webpage. 

[^ 17] See 8 CFR 214.2(f)(10).

[^ 18] See 8 CFR 214.2(f)(11)(i)(B)(1). USCIS regulations allow practical training for students enrolled for one full academic year, even if a portion of that qualifying period was in a valid nonimmigrant status other than F-1. The student must be in a valid F-1 nonimmigrant status when the pre-completion OPT application is filed. Students may count time enrolled in a study abroad program toward the full-academic-year requirement, as long as the student spent at least one full academic term (that is, one semester, trimester, or quarter) enrolled in a full course of study in the United States prior to studying abroad.

[^ 19] See 8 CFR 214.2(f)(10)(ii)(A)(3).

[^ 20] See ICE Policy Guidance 1004-03 – Update to Optional Practical Training (PDF), issued April 23, 2010.

[^ 21] See 8 CFR 214.2(f)(11)(i)(D).

[^ 22] See 8 CFR 214.2(f)(11)(i)(D).

[^ 23] See 8 CFR 214.2(f)(10)(ii)(A)(3).

[^ 24] See 8 CFR 214.2(f)(10).

[^ 25] See 8 CFR 214.2(f)(8).

[^ 26] See 8 CFR 214.2(f)(10)(ii)(E).

[^ 27] See 8 CFR 214.2(f)(10)(ii)(C).

[^ 28] See 8 CFR 214.2(f)(10)(ii)(E).

[^ 29] See the DHS Study in the States website.

[^ 30] See 8 CFR 274a.12(b)(6)(iv). 

[^ 31] See 8 CFR 214.2(f)(10)(ii)(C)(5).

[^ 32] See 8 CFR 214.2(f)(10)(ii)(C)(5).

[^ 33] See 8 CFR 214.2(f)(10)(ii)(C)(5).

[^ 34] See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii).

[^ 35] See 8 CFR 214.2(f)(10)(ii)(C)(7).

[^ 36] See 8 CFR 214.2(f)(10)(ii)(C)(8).

[^ 37] See 8 CFR 214.2(f)(10)(ii)(C)(6).

[^ 38] See the Students: Determining STEM OPT Extension Eligibility webpage.

[^ 39] See 8 CFR 214.2(f)(10)(ii)(C)(10)(i).

[^ 40] See 8 CFR 214.2(f)(10)(ii)(C)(10)(ii).

[^ 41] See 8 CFR 214.2(f)(10)(ii)(C)(10)(iii).

[^ 42] See the Students: Determining STEM OPT Extension Eligibility webpage.

[^ 43] See the Students: Determining STEM OPT Extension Eligibility webpage.

[^ 44] See the Reporting Volunteer Positions During OPT Employment webpage.

[^ 45] See 8 CFR 214.2(f)(10)(ii)(C)(11).

[^ 46] See Subsection 4, OPT Reporting and Employment Requirements [2 USCIS-PM F.5(C)(4)].

[^ 47] See 81 FR 13040 (PDF), 13079 (Mar. 11, 2016).

[^ 48] See 81 FR 13040 (PDF), 13079 (Mar. 11, 2016).

[^ 49] See the DHS STEM OPT Hub webpage for more information.

[^ 50] See 8 CFR 214.2(f)(11)(iii)(A).

[^ 51] See 8 CFR 214.2(f)(10)(ii)(A)(3).

[^ 52] See 8 CFR 214.2(f)(10)(ii)(C)(9)(i).

[^ 53] See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) (providing a non-exclusive list of material changes and deviations that would trigger this requirement). Additionally, the educational institution whose DSO is responsible for duties associated with the F-1 student’s latest STEM OPT extension is responsible for ensuring that ICE SEVP has access to each individualized Form I-983 and associated student evaluations (electronic or hard copy), including through SEVIS if technologically available, beginning within 30 days after the document is submitted to the DSO and continuing for a period of 3 years following the completion of each STEM practical training opportunity. See 8 CFR 214.2(f)(10)(ii)(C)(9)(iii).

[^ 54] See 8 CFR 214.2(f)(12)(ii)(A).

[^ 55] See 8 CFR 214.2(f)(12)(ii)(B).

[^ 56] See 8 CFR 214.2(f)(10)(ii)(C)(9)(i). 

[^ 57] See 8 CFR 214.2(f)(10)(ii)(C)(7)(iv). 

[^ 58] See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) (providing a non-exclusive list of material changes and deviations that would trigger this requirement). Additionally, the educational institution whose DSO is responsible for duties associated with the F-1 student’s latest STEM OPT extension is responsible for ensuring that ICE SEVP has access to each individualized Form I-983 and associated student evaluations (electronic or hard copy), including through SEVIS if technologically available, beginning within 30 days after the document is submitted to the DSO and continuing for a period of 3 years following the completion of each STEM practical training opportunity. See 8 CFR 214.2(f)(10)(ii)(C)(9)(iii).

[^ 59] See 8 CFR 214.2(f)(11).

[^ 60] See 8 CFR 214.2(f)(11)(i)(D).

[^ 61] See 8 CFR 214.2(f)(11)(i)(D).

[^ 62] See 8 CFR 214.2(f)(11)(i)(B)(1).

[^ 63] See 8 CFR 214.2(f)(8)(ii). 

[^ 64] See 8 CFR 274a.12(b)(6)(iv). 

[^ 65] See INA 101(a)(15)(H)(i)(b). An H-1B beneficiary is a nonimmigrant worker coming to the United States temporarily to perform services in a specialty occupation.

[^ 66] See 8 CFR 214.2(f)(5)(vi)(A).

[^ 67] See 8 CFR 214.2(f)(5)(vi)(A).

[^ 68] See 8 CFR 214.2(f)(5)(vi)(C).

[^ 69] Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student’s authorized F-1 duration of status admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, any authorized periods of STEM OPT, and the 60-day departure preparation period).

[^ 70] See 8 CFR 214.2(f)(5)(vi).

[^ 71] See 8 CFR 214.2(f)(5)(vi)(B).

[^ 72] See 8 CFR 214.2(f)(5)(vi)(B).

[^ 73] See 81 FR 13040 (PDF) (Mar. 11, 2016) (final rule).

[^ 74] See 8 CFR 214.2(m)(14)(i)(C).

[^ 75] See 8 CFR 214.2(m)(14)(iii).

[^ 76] See 8 CFR 214.2(m)(14)(iv).

[^ 77] See 8 CFR 214.2(m)(14)(iii).