Temporary Work Visas

Practice Areas

F Student Visas/ CPT, OPT & STEM OPT

Understanding the F Student Visa

The F visa is for students who are enrolled in certain authorized educational programs. In some circumstances, an F-1 student may obtain restricted work authorization (“CPT” and “OPT”) during and/or after completion of his or her program of study. Employment on OPT must be directly related to the student’s major area of study. An F-1 student can receive up to 12 months of full-time OPT for each level of schooling. For example, 12 months is given for an undergraduate, graduate or post-graduate program. Students who have graduated with a qualified Science, Technology, Engineering or Mathematics (STEM) degree, may be eligible for a “STEM OPT” extension beyond the initial 12 months. Before May 10, 2016, STEM OPT extension was granted for only 17-months, but after May 10, 2016 STEM OPT extensions are granted for 24 months. There are also special rules that extend OPT employment authorization for those workers whose employers timely file an H-1B petition.

What is CPT?

In some circumstances, an F-1 student who is enrolled in a full-time program that will result in the issuance of a degree may obtain restricted work authorization called Curricular Practical Training or “CPT.” Typically CPT is available only after a student completes her or his first year of study, although there are some limited exceptions to this rule. The purpose of CPT is for an educational institution to authorize work activity that is “an integral part of an established curriculum.”

A Designated School Official (“DSO”) will update a student’s records showing that she or he is allowed to engage in some work that is related to the curriculum. CPT can be full-time or part-time, but a student who uses a full 12 months of full-time CPT will become ineligible for OPT. In contrast, a student who completes any amount of part-time CPT or less than 12 months of full-time CPT remains eligible for OPT.
Students who have graduated with a qualified Science, Technology, Engineering or Mathematics (“STEM”) degree, may be eligible for a “STEM OPT” extension beyond the initial 12 months. STEM OPT extensions are granted for a 24 month period. There are also special rules that extend OPT employment authorization for those workers whose employers timely file an H-1B petition.

What is OPT?

OPT stands for Optional Practical Training and is a form of work authorization available to certain F-1 foreign students in the United States. Employment on OPT must be directly related to the student’s major area of study. An F-1 student can receive up to 12 months of full-time OPT for each level of schooling. For example, 12 months is given for an undergraduate, graduate or post-graduate program.

How is Pre-Completion OPT Different Than Post-Completion OPT?

Pre-completion OPT is when a school authorizes a student to work part-time (not more than 20 hours per week) during school or on a part-time or full-time basis during school breaks. Post-completion OPT is given only to a student who has completed his or her full-time program (excluding thesis) for the degree.

What is a STEM OPT extension?

Students who have graduated with a qualified Science, Technology, Engineering or Mathematics (STEM) degree, are eligible for an additional 24 months of OPT beyond their initial 12 month period. In other words, a STEM graduate may obtain a total of 36 months of OPT and STEM OPT combined, if certain conditions are met.
Filing for the STEMP OPT extension requires the student and employer to complete a training plan on the I-983 form. The training plan must clearly articulate learning objectives for the 24-month period and the employer’s roles in achieving those objectives. The student must also submit periodic self-evaluations to their DSO. Employers must be enrolled in e-verify.

Connecting Your Business With International Talent

At Becker & Lee LLP, employment-based immigration is one of our primary practice areas. Our experienced attorneys have worked with a range of talented individuals, employers and human resource professionals to help F-1 students to maintain OPT status and obtain other temporary visas. Past clients include graphic design companies, Silicon Valley tech companies, and a range of additional startups and businesses.
Our F-1 visa lawyers offer comprehensive representation to help ensure legal compliance and efficiency and increase chances of success in the visa application process. Contact our San Francisco Bay Area law firm to learn more about your options.

Get In Touch

We are ready to answer your individual or business immigration questions.
We just need a brief description of your case. You can discuss all of the details when you speak with someone from our team.

How We Can Help You

Discover a world of possibilities with Becker.

Temporary Work Visas

Embark on Your U.S. Career Journey with Temporary Work Visas. Open Doors to Exciting Opportunities and Professional Growth. Act Now!

Employment – based Green Cards

Your Path to Permanent Residency and a Thriving Career Awaits. Discover Employment-Based Green Cards to Secure Your Future in the United States. Take Action Today!

Humanitarian Immigration

Be a Beacon of Hope – Champion Humanitarian Causes with Our Immigration Services. Make a Positive Impact and Start Your Humanitarian Immigration Journey. Join Us Now!

Family Immigration

Embrace the Joy of Reuniting with Your Family in the U.S. Explore Our Comprehensive Family Immigration Services. Let's Begin the Process to Bring Your Loved Ones Closer. Connect Today!