F1/M1 Student visas, opt/cpt

    Overview

    Those seeking to enter the U.S. to pursue a course of study or to obtain a degree may obtain a student visa in order to attend a U.S. college or university. Whether you pursue a F-1 or a M-1 student visa depends on the type of degree you are seeking.


    The F-1 student visa is available for those entering the U.S. to attend the following types of educational institutions:

    • University or college
    • High School
    • Private elementary school
    • Seminary
    • Conservatory
    • Another academic institution, including a language training program


    The M-1 student visa is available for those seeking to attend a vocational or other recognized nonacademic institution, other than a language training program


    In general, students may not pursue employment while pursuing their degree, however, the following types of practical training is available after the first academic year for F-1 students and after the completion of the program for M-1 students.


    Curricular Practical Training (CPT)

    Depending on your program, this employment option may or may not be available to you. You may pursue CPT during your program, but only if it is integral to your major and the experience is required as a part of your program of study. You should check with your Designated School Official (DSO)regarding whether CPT is authorized any time you are thinking about pursuing CPT. CPT can be full-time or part-time. However, please be aware that if you have 12 months or more of full-time CPT, then you would be ineligible for OPT after the completion of your program.  
    Optional Practical Training (OPT)
    In order to be approved for OPT, it must relate to your major or course of study. You can apply for 12 months of OPT at each education level, for example, 12 months at the bachelor's level and then 12 months at the master's level. You must first obtain a new I-20 as OPT recommendation from you DSO and then submit your Application for Employment Authorization to the USCIS. You cannot start work until you have received your Employment Authorization Documentation (EAD).
    Science, Technology, Engineering, and Math (STEM) OPT Extension 

    As of May 10, 2016, the new rules regarding 24-month STEM OPT Extensions are effective. The new rules can be obtained by perusing the  STEM OPT Hub . You can also find out what to do if you are currently approved for the 17-month STEM Extension  here . The DHS has also specified that a student may obtain additional 24-month STEM OPT if the student completes all course requirements for another qualifying degree at a higher degree level than the first degree.  


    However, despite the longer period for OPT, the DHS has instituted convoluted qualifications for the students and even more convoluted reporting requirements for the employers.


    What We Can Do For You
    • Obtain all information required to get work authorization for you.
    • Complete and file I-765, Application for Employment Authorization.
    • Advise you on the timelines of when you should start working for your employer. 
    • Ensure that you follow the strict timelines to apply for OPT and the STEM Extension (if applicable).
    • Advise you on the 24-month STEM OPT Extension rules and ensure that you have all the documentations to show that you qualify for the extension.
    • Ensure that both you and your employer are qualified and ready under the new 24-month STEM OPT Extension rules, which require:
      • That your employer use the E-Verify program to verify your eligibility for employment, and
      • That both you and your employer complete the Form I-983 and submit it to your DSO. 
    • ​Ensure that your employer comply with the reporting requirements under the new 24-month STEM OPT Extension rules in hiring you as an STEM OPT employee. 
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