Monday, June 16, 2014

Working after graduation: The Path to OPT

OPT (Optional Practical Training) is what F-1 visa holders usually start full-time work on (not counting internships).  Every F-1 visa holder qualifies for a 12-month stint on the OPT.  However, if you're badass like this Little Alien and majored in a STEM (Science, Technology, Engineering and Math) field, then you qualify for a 17-month extension.  List of DHS-approved STEM majors can be found here:

http://www.ice.gov/doclib/sevis/pdf/stem-list.pdf

You'll have to apply for the OPT through your school's International Office, which is awesome because then you don't have to worry about filling out the paperwork yourself (it's really just an I-765, but all USCIS forms are still scary) and getting something wrong.

Is this Little Alien the only one who always visualizes a stern-looking USCIS officer peering at whatever immigration forms I submit to USCIS, while working on immigration paperwork?


The processing time to get your Employment Authorization Document (EAD) is 90 days (excluding transit time in the mail), which seems very long for background checks but is really due to the backlogs at USCIS.  While it appears that you should therefore submit your EAD application as early as possible to start working ASAP after graduation, there is a catch: you can't apply for your EAD more than 90 days before your graduation date.  As such, this Little Alien doesn't recommend that you tell your prospective employer that you can start working straight out of college, and to give it a 1- or 2-week buffer.  Why?  Here's my story.

This (broke) Little Alien wanted to start her job straight out of college to start making money right away, so my schedule could not tolerate any kind of delay on USCIS's part.  I submitted my I-765 through my school's International Office 93 days before my graduation date so that my application would reach USCIS about 90 days prior to graduation.  One day, I woke up realizing that I was about 20 days out from Graduation, and my case status on USCIS's tracker was still showing as "Initial Review".

I was already working part-time then under F-1 CPT (which I will cover in another post), and my poor Manager had to hear me complain for 1 hour on a Tuesday morning, about how I was so frustrated with USCIS processing times.  And yes, the entire time I was really terrified that my employer Company X would ding me if I couldn't turn up to work because USCIS effectively put me on forced vacation by not issuing my EAD on time.

And no, you can't legally turn up for  full-time work after your graduation date unless you have the EAD in hand.  I spent the next 20 days chewing off the nails on my fingers.



Thankfully my EAD came in the mail 1 day before my graduation.  ONE DAY.

So here you go fellow Aliens, let this be the reason why you just don't try to work literally straight out of school.  Let USCIS be your excuse for slacking off after graduation :)

That's all for today, my fellow Aliens!

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