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Optional practical training—great opportunity for student workers or national security risk?

February 2020 employment law letter
Authors: 
Jacob Monty, Monty & Ramirez, LLP

The FBI is cracking down on fake companies pretending to employ students under the Optional Practical Training (OPT) program, which grants students F-1 visas to work for companies. The program's intent is to provide U.S. companies exposure to various cultures and languages from international students, while helping international students gain hands-on experience in their field of study. The program was very successful until individuals began taking advantage of it to falsely obtain F-1 visas.

What is OPT and how do students apply?

The OPT program is a temporary employment program for students. They can apply for employment authorization for up to 12 months before or after completing their academic studies. Students who are authorized to participate in the precompletion OPT program may work part-time (20 hours or less per week) while school is in session, and full-time while school isn't in session. Postcompletion OPT graduates may work full-time or part-time. Students with degrees in science, technology, engineering, or math (STEM) may apply for a 24-month extension if they are:

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