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Note on Maintaining Legal Status

During all periods of study and training students must meet all the requirements of their immigration status. It is the responsibility of each student to know and be in compliance with these immigration requirements. Recent changes in the Immigration Law assess severe penalties to those who violate their immigration status.

Penalties can bar a person's return to the U.S. for up to ten years. International students should follow the above guidelines to make sure their F-1 immigration status remains valid. Although other situations not mentioned here may lead to the loss of status, following these guidelines will help you to avoid many unnecessary problems. Consult with an advisor in CBT if there are ever questions about your immigration status, visa documents, or work permission.

Curriculum Practical Training for F-1 Students

Curricular Practical Training (CPT) is a type of off-campus employment authorization that is related to a student's academic program. It is available only to international students who have been in F-1 status for at least nine months and who will obtain employment as part of their studies or a requirement for the degree. CPT is only available during a degree program

CPT is available "indefinitely" as long as the applicant meets all eligibility criteria. However, students should be aware that working full time on CPT for 12 months or more will disqualify them for OPT. Part time CPT does not affect eligibility for OPT.

CPT may be authorized only if the employment is "sponsored" by CBT in one of the two ways described below.

TYPES OF CPT

1. Degree Requirement
   CPT may be authorized when an internship is a requirement of the degree program (i.e. all students in the program must complete the internship to be eligible for the degree). Currently, only students in the following programs at CBT would be eligible for CPT as a degree requirement:
   • Medical Office Management
   • Other: If your department is not listed here and you have a required internship, please have a faculty member or dean contact a ISA (International Student Advisor) directly
2. Course Credit Requirements
   CPT may be authorized for students registered in a course offered through their major department for which employment is a requirement of the course. Registration must be concurrent with the employment. Authorization will be granted on a semester-by-semester basis and cannot exceed the dates of the term in which the employment will occur (extensions of authorization are possible).

CPT PROCEDURES

Complete the CPT request form including your faculty supervisor's recommendation and signature. The dates of employment must be within the dates of the semester or summer session of enrollment.

Enroll in the appropriate course, if required (as noted above). Attach proof of course registration to the CPT form.

Submit the CPT form at the counter in the CBT office. Office hours are 9-6 Monday through Friday.

Pick up your new I-20 at the counter in the CBT office two days after submitting your application. The CPT authorization will be noted on page 3 of the I-20.

Optional Practical Training for F-1 Students

OPT applications must be received by the Immigration Services no later than the end date of your program of study or you will forfeit your OPT.

What is Optional Practical Training?

Optional Practical Training (OPT) is work authorization available only to international students who have been in F-1 status for a full academic year (two semesters) and who are planning to seek employment in their field of study.

OPT HIGHLIGHTS

OPT allows 12 months of full-time employment related to one's field of study after the completion of each degree program.

One year of OPT is available after completing each degree program at a higher level.

OPT is available both before and after completing the degree program. (See "Variations of Optional Practical Training" below.)

A job offer is not required to apply for OPT.

The employment may occur anywhere in the U.S.

Changing employers is allowed; no special permission is needed from the USCIS.

Even if you are not able to secure employment, you may remain in the U.S. during the period of OPT, although the BCIS expects you to be actively searching for full-time employment.

During the period of OPT, a student continues in F-1 status, since OPT is considered as part of the program of study.

OPT CAVEATS

The application must be received by the USCIS before the date of the student's "completion of studies" (usually the official end of the semester for most students) or the OPT will be forfeited.

It can take the BCIS three to five months to issue the Employment Authorization Document (EAD) which allows you to begin working on OPT. There is no way to expedite an application.

Once you complete your degree, you cannot work on-campus or off-campus until you have the EAD in your possession.

Once the OPT application is submitted to the USCIS, it is very difficult to change or cancel the application.

OPT cannot be extended beyond 12 months, even if you cannot find employment during the authorized period.

There are strict requirements for maintaining F-1 status while on OPT including the reporting to CBT any changes in residential address and employment status.

There are specific travel risks after completion of your degree. These are discussed at the OPT sessions (see below).

TRAVEL DURING OPT

Before leaving the U.S. see your International Student Advisor. Travel during OPT should be relatively simple as long as you are properly prepared. During OPT, you must re-enter the U.S. in F-1 status. Entering in any other status will end your F-1 status and the OPT will be invalidated.

Travel and re-entry prior to degree completion date: To travel and re-enter the U.S. while you are still a student working towards the completion of your degree, you must have 1) valid passport, 2) valid F­1 student visa, 3) valid I-20 with travel endorsement on page three. Confirmation of continuing enrollment and financial support is strongly recommended.

Travel and re-entry after completion date - EAD is still pending: You must have 1) valid passport, 2) valid F-1 student visa, 3) valid I-20 with travel endorsement within past six months on page three, 4) "Notice of Action" receipt. If you have employment, a job offer letter from the employer is strongly recommended.

Travel and re-entry after completion date - EAD is approved and issued: You must have 1) valid passport, 2) valid F-1 student visa, 3) valid I-20 with travel endorsement within past six months on page three, 4) the EAD, 5) verification of employment such as a letter or job offer from an employer. Students without employment might be allowed entry, but are at risk of being denied entry. Students in this situation should contact CBT prior to making travel plans.

Visa applications: If your F-1 visa has expired, you must obtain a new F-1 visa before re-entering the U.S. To apply for a new visa during OPT you will need 1) valid passport, 2) valid I-20 with travel endorsement within past six months on page three, 3) "Notice of Action" receipt or the EAD. Students who need to apply for a new visa should consult CBT prior to travel to discuss the visa application process and possible risks.

ADDRESS, DEPARTURE, and TRANSFER REPORTING

During the period of OPT you must report

• Any change of address
• Departure from the U.S. or the end of use of your OPT if earlier than the OPT end date.
• Transfer to another US school (which will terminate the OPT)

VARIATIONS OF OPTIONAL PRACTICAL TRAINING

The 12 months of OPT authorization can be broken into smaller units of time. For example, if full- time OPT permission is obtained for three months during a summer break, nine months will remain available for a later date, such as after completing a degree. OPT employment prior to the completion of one's degree, and is only part­ time (20 hours or less per week), the time will be deducted from the total 12 month allotment at 50% rate (two months part-time = one month deduction).

Students planning to work during their academic program may be eligible for Curricular Practical Training (CPT) instead of using OPT. Check the CBT website for information about CPT, or speak to a CBT International Academic Advisor.

OPTIONAL PRACTICAL TRAINING APPLICATION INSTRUCTIONS

Once you have completed your program at CBT, you cannot work on- or off­ campus until you have received the Employment Authorization Document (EAD) from the USCIS.

Eligibility

You must be in valid F-1 status for at least nine months prior to the start of the requested OPT.

You must be registered or in filing fee status in the semester or summer session you are completing your degree.

You must be registered full-time unless previously authorized by SISS. (Undergraduate students enrolled less than full-time in the final semester must notify the SISS office by completing the "Notice of Final Semester" form by the start of the semester.)

When to apply: Apply early! It takes about three to five months to receive your EAD from the USCIS.

It can take up to two weeks to prepare the OPT application before sending to USCIS.

The earliest the USCIS can receive the application is no more than 120 days before the date of completion of program.

The latest the USCIS can receive the application is the date of completion of your program.

Completion of program: For undergraduate students, the date of completion is the last day of final exams of the semester in which degree requirements are fulfilled. For graduates, completion is the day on which all degree requirements are fulfilled, such as filing the thesis or dissertation in the Graduate Division.

STEP I: Obtain verification letter from academic department

You will need to ask for a letter from the faculty person or academic adviser most directly involved with your degree program (see sample below) to verify your completion date. Undergraduate students may ask their college adviser.

[Use departmental letterhead.]

Date:

To: International Student Adviser

From: [Name and Department of Academic Adviser (Adviser's original signature here)]

Re: Optional Practical Training Recommendation

[Student's name], a [level of study] student in [major], expects to complete/has completed the program of study at the University of California at Berkeley on [month/day/year]. This student is/is not currently registered (or, if graduate student, on filing fee). I recommend that this student be allowed to obtain Optional Practical Training work permission in order to secure a position in [his/her] field of study.

If additional information is required concerning this student's program of study, I can be contacted at [phone number]. The best time to call is [day and time].

STEP II: Make an appointment with your International Student Advisor (ISA)

Please be on time. To be able to complete your OPT application you must bring to the meeting:

• Your current original 1-20
• Your passport. Your I-94 card
• The above verification letter

The USCIS forms for OPT application will be distributed and completed at the session. There will be time to ask questions.

STEP III: Submit your application to ISA.

After the OPT session, you can submit your application forms to ISA. CBT will issue a new 1-20 authorizing the application for OPT. The I-20 will be available to pick up from CBT usually the day after submission (barring any technical problems).

STEP IV: Mail your application to USCIS per instructions given at OPT workshop.

The USCIS must receive your application no later than the date of the completion of your CBT program of study.

STEP V: Continue your contact with CBT during your year of OPT.

You will be required to report to CBT any address changes during OPT, and the completion date of your OPT status. (See above)