CPT - OPT - Stem Employment

At the graduate level, Curricular Practical Training (CPT) is an integral part of a student’s academic program at the University of the Cumberlands.  The CPT program allows students to participate in either an internship or practical training experience.  The selected internship/practical training experience must be identified by an academic program advisor as being an integral part of the student’s respective degree program.  The program advisor must assign discipline specific academic credit to the training experience.

At University of the Cumberlands, participation in alternative work/study, internship, cooperative education or employment in an area directly related to the student’s course of study is required every semester for each student enrolled in an executive program.

The Collaborative Practical Training Agreement details that as the supervisor you understand that the student’s internship/practical training with your organization is contingent on the following:

• The position must be an integral part of the student’s course of study.
• The student must enroll in a corresponding course during the semester in which the CPT is authorized.
• The position must be directly related to the student’s major area of study.
• The student must be maintaining lawful F-1 status.
• The student must maintain a full course of study, and that participation in CPT will not delay the student’s completion of their respective academic program. 

The completion of the CPT renewal form documents a student’s continuation of an approved internship or practical training program that has been identified as an integral part of the student’s respective degree program.  By completing this renewal form, the student and his/her practical training supervisor are acknowledging that this is a continuation of a collaborative practical training agreement with University of the Cumberlands. 

Students are only eligible to apply for an SSN if he/she has a job offer letter and work permission.  Please note, F-2 dependents are not eligible for an SSN. To apply the student must be in the US and apply with the local SSN office no earlier than 30 days before the start date of employment as recorded on their form I-20.  When submitting the application, the student must provide their form I-20 and employment letter. 

Students can work on either full-time or part-time CPT. There is no limit to the length of time a student can participates in CPT; however, if the student has more than 11 months and 29 days or more of full-time CPT, they are ineligible for OPT. There is no limit to part-time CPT participation and OPT eligibility. 

No. International students must have the work authorization before they begin actual employment, but not before they are offered employment. In fact, F-1 students must have a written job offer in order to apply for CPT participation. 

Unless exempted by a tax treaty, F‐1 and J‐1 students earning income under practical training are subject to applicable federal, state, and local income taxes. Information on tax and tax treaties may be found in Internal Revenue Services.

There are no restrictions against traveling while on CPT.

For general CPT information please reference Study in the States https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/f-1-curricular-practical-training-cpt, or the website for U.S. Immigration and Customs Enforcement (https://www.ice.gov/sevis/practical-training).

Regulations for CPT are identified in the Code of Federal Regulations under sections 8 CFR 214.2(f)(10)-(12)(https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=8%3A1.0.1.2.18#se8.1.214_12) and 8 CFR 274a.12(b)(6)(iv) (https://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=8:1.0.1.2.54.2.1.1). 
 

Students changing CPT employers will need to submit an initial CPT application in UC Global. Students must report any changes in employment to their DSO within 5 business days. Students must not begin working for a new employer until they have submitted their CPT application for the new employment, it has been approved, and an I-20 with new employment details has been received in hand.

Yes. Students who have not completed more than 12 months of full-time CPT at the same level are eligible to apply for OPT after program completion.
Special note: CPT days are calculated per education level and do not restart if a student changes institutions or programs.
 

Students changing programs will need to submit a new CPT application in UC Global. CPT authorization cannot begin before the start date of the term for which the student is changing programs.

The cooperative agreement serves as the employer’s acknowledgment that they understand the rules and regulations required of an F1 student participating in CPT and that they have verified that the training opportunity directly relates to the student’s program of study. 
As identified in the Code of Regulations section 8 CFR 214.2(f)(10)(i) (https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=8%3A1.0.1.2.18#se8.1.214_12):
“An F-1 student may be authorized by the DSO to participate in a curricular practical training program that is an integral part of an established curriculum. Curricular practical training is defined to be 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 school." 

In maintaining compliance with the above regulation, the University requires a signed cooperative agreement from all employers. If the employer will not sign the document then the student will need to search for another CPT opportunity. 
 

Once a CPT application has been approved the student will receive an approval notification via email. The student can then save this email as documentation of their CPT application for that semester. Additionally, students are required to upload a signed copy of the cooperative agreement for each initial CPT application. It is advised that students also retain a copy of this document for future reference. 

Students must notify a DSO immediately after a CPT opportunity ends so that the CPT placement can be removed from the student’s SEVIS record. If the student is not sure of which DSO to contact, he or she can email the DSO that is listed on their current I-20 document. 

To help you navigate the information found in the memo, we have highlighted some key points of information for you.  As outlined in the policy, an F, J, or M nonimmigrant can accrue “unlawful days of presence” in the following ways: 

•  The day after the F, J, or M nonimmigrant no longer pursues the course of study or authorized activity, or the day after the person engages in an unauthorized activity; 
  •    The CPT regulation provides an exception to those students enrolled in a graduate program that requires immediate participation in CPT. This can be referenced in Sec. 214.2(f)(10)(i). Therefore, any student participating in required CPT, that is an integral part of an established curriculum, is NOT engaging in unauthorized activity.
• The day after completing the course of study or program (including any authorized practical training plus any authorized grace period); 
  • Students on OPT or STEM do NOT accrue days of unlawful presence. As with the previous unlawful presence policy, students are still provided with a 60-day grace period after their program or OPT ends to enroll in a new program or leave the U.S. However, you WILL start accruing days of unlawful presence if your program ends and you have not made arrangements to join a new program or apply for OPT within the 60 day window after your program end date. 
• The day after the person’s Form I-94 Arrival/Departure Record expires; or
• The day after an immigration judge or, in certain cases, the BIA, orders the person excluded, deported, or removed (whether or not the decision is appealed).

We encourage you to take a few minutes to read the memo for yourself so you can further understand what it entails. A link to the memo can be found here: https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf. 
 

There are a few things to consider: 

• An F-1 student may be authorized up to a total of 12 months of full-time practical training at each educational level (e.g., undergraduate, graduate and post-graduate). If the student chooses to participate in pre-completion OPT, he or she may not work more than 20 hours per week.
• During pre-completion OPT, the student’s eligible period of post-completion OPT will be reduced by one (1) month for every two (2) months of part-time pre-completion OPT that is worked when he or she graduates. 
• Students who graduate with a qualified Science, Technology, Engineering or Mathematics (STEM) degree, and are currently in an approved post-completion OPT period based on a designated STEM degree, may apply for a 24-month STEM extension of their post-completion OPT.

The U.S. Postal Service will not forward mail from USCIS if the address on the envelope does not match the name on the mailbox. 

Approximately three months from the date USCIS receives your application, times may vary – but always expect approximately three months. 

Approximately two-to-three weeks after USCIS receives your application you should received a Receipt Notice/Notice of Action. You might verify with your bank whether your check has been cashed. If so, the NOA is likely on the way.

• There is a higher risk associated with travel and return while your OPT is pending after the program completion date. If there are any problems with your application, you may not be able to respond to USCIS in a timely manner, which could delay processing of your EAD. 
• If your OPT application is denied while outside the US, you will not be able to re-enter the US in F-1 status and will not be able to reapply. 
• If OPT Application is pending (12 month only, not STEM); you must have a valid passport with an unexpired F-1 visa stamp, Signed I-20 Form (within the preceding 6 months), I-797C Notice of Action Receipt from USCIS, and Employment Offer. 
• If a STEM Extension Application is pending: Travel is NOT allowed after the 12 month OPT has expired and while the STEM Extension EAD is pending. Travel is permitted if you have a valid 12 month EAD card for re-entry along with valid passport with unexpired F-1 visa stamp, Signed I-20 Form (within the preceding 6 months), unexpired EAD Card, Proof of employment. 

If you are traveling abroad and your F-1 visa has expired, you must obtain a new F-1 visa before returning to the U.S. When going to your visa interview, bring a valid passport, valid I-20 with travel endorsements from the past 6 months, EAD Card, employment offer letter, and evidence of sufficient funds. Also, check the U.S. Department of State web site for more information about getting a visa and specific requirements at the local embassy or consulate. 

For most students, Curricular Practical Training (CPT) is a better option. It allows for off-campus internship/work authorization in your field of study without using any of the 12 months of OPT time. If you have already used your CPT eligibility, you may want to consider Pre-Completion OPT. 

During OPT authorization, each day that the student does not have qualifying employment counts as one day of unemployment. Students on post-completion OPT may not accumulate more than 90 days of unemployment or the student will be out of valid F-1 status. Students who receive a STEM extension are given an additional 60 days of unemployment for a total of 150 days of unemployment over their entire post-completion OPT period.

Beginning a full-time program of study while on OPT is NOT allowed. If a student has been admitted to a full-time degree program while on OPT, the remainder of the OPT (if any) must be forfeited before beginning classes at the new school. In order to maintain F-1 status and remain in the U.S., a student must request a transfer of the F-1 record to the admitted school or request an I-20 for a “change of level” with University of the Cumberlands. 

You can apply for either pre-completion OPT or post-completion OPT. There are advantages and disadvantages to consider when deciding which option works best for you.

We recommend you schedule an appointment with your International Student Services adviser to further discuss your options. 

Pre-completion OPT
Pre-completion OPT is only valid while you are a student finishing your thesis or dissertation. The OPT start and end date must fall before your I-20 expires and before you graduate.

Pros

• You are not subject to the 90-day unemployment limit.
• Your I-20 can be extended if you need more time to complete your thesis/dissertation.

Cons

• If you graduate, you must submit a separate post-completion OPT application and another application fee. 
• It is challenging to take advantage of the full 12 months of OPT allotted to you because of the dual applications. 
• You must continue to register full-time (which may or may not be a requirement from your department depending on your funding and/or defense quarter.) 

Post-completion OPT

Post-completion OPT can begin either while you complete your thesis/dissertation or after you graduate. Procedurally, however, the OPT start date can only fall after the I-20 end date, so your I-20 will be shortened to the end of the term in which you submit the OPT application.

Pros

• You will only submit one application and fee. 
• You are not required to register for the purpose of maintaining F1 status

Cons

• You are subject to the 90-day unemployment limit, an added pressure if you still need to focus on your thesis/dissertation, 
• The I-20 cannot be extended. If you do not complete your thesis/dissertation within the year, your F-1 status ends when the OPT expires, and you must travel and reenter with a new I-20 to continue your studies. 

• You must complete a STEM qualified degree.
• Pursue employment through an employer that is enrolled in USCIS E-Verify
• Complete the Form I-983
• Contact either the Office of Student Services (undergraduate students) or International Graduate Services (graduate students).

Study in the States defines the Form I-983 as a way “to ensure you are receiving the academic and training benefits of your STEM OPT extension.” This includes a training plan that will be submitted to the University for the STEM OPT extension recommendation for your SEVIS record. 

Study in the States has a great STEM OPT HUB to provide information – check it out! https://studyinthestates.dhs.gov/stem-opt-hub  
Once you are ready to apply or have additional questions, contact either the Office of Student Services (undergraduate students) or International Graduate Services (graduate students).

It is the student’s responsibility to update their employment information via their SEVP Portal. If you do not have access to your portal please contact a DSO. Students must notify the university/DSO  when they obtain or change employers while on OPT by submitting an OPT Employment Notification in UC Global. It is also the student’s responsibility to update their employment information via their SEVP portal. The SEVP portal account information will be sent to the email address listed on a students SEVIS record account and will be sent directly from SEVP/USCIS, not the university. If you have questions about the SEVP portal, please contact a DSO. 

Cap‐Gap OPT can be granted if student (1) is in a period of authorized post‐completion OPT, and (2) is the beneficiary of a timely‐filed H‐1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. The Cap‐Gap OPT is an automatic extension of duration of status and employment authorization to bridge the gap between the OPT and start of H‐1B status. The automatic extension of OPT is terminated upon the rejection, denial, or revocation of the H‐1B petition.