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Recently there have been a large number of news articles about OPT Scams.
Before we address OPT Scams lets first understand what’s an OPT visa, STEM OPT Extension , H1B and Rules for each. (Parts of the Content for this blog has been sourced from USCIS website and links provided for referral)
OPT means Optional Practical Training as per USCIS “Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion).
Types of OPT and Requirements for an H1b Visa
- Pre-Completion OPT -If you are authorized to participate in pre-completion OPT, you may work (20 hours or less per week) while school is in session. You may work full time when school is not in session.
- Post Completion OPT -You may apply to participate in post-completion OPT after completing your studies. If you are authorized for post-completion OPT, you must work part time (at least 20 hours per week) or full time. As per uscis – A student may work as a volunteer or unpaid intern, as long as this practice does not violate any labor laws, and the employment is related to the program of study. The student must work at least 20 hours per week
Chapter 5 – Practical Training | USCIS
May apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree. Do Not exceed the allotted 90 days of unemployment time
Jobs or Work which an OPT can do: Students working on an OPT visa have to work on an internship or work paid or unpaid in their field of study. Work during OPT does not need to be paid but always needs to be related to your degree. Please report all internships and volunteer work at employment through the SEVP portal to avoid accruing days of unemployment. volunteer employment is permitted during the 12-Month Post-Completion OPT, it is not permitted on the OPT STEM Extension.
- STEM OPT Extension
If you have earned a degree in certain science, technology, engineering and math (STEM) fields, you may apply for a 24-month extension of your post-completion OPT employment authorization if you:
Are an F-1 student who received a STEM degree included on the STEM Designated Degree Program List (PDF);
Are employed by an employer who is enrolled in and is using E-Verify; and You have also completed the Initial 12 months of OPT employment authorization based on your STEM degree. May apply up to 90 days before your initial 12 months current OPT employment authorization expires
Special employment rules for 24-Month Extensions of OPT: Students authorized on a 24-month extension of OPT must have paid employment and work at least 20 hours per week for an E-Verify employer in a position directly related to the student’s STEM degree. Students on a 24-month extension of OPT may work multiple jobs, but all the employers must be enrolled in E-Verify. Volunteer employment is not permitted on the OPT STEM Extension.
H1 B Visa: In order to be eligible for the H1B visa, you will need: A valid job offer from a U.S. employer for a role that requires specialty knowledge. Proof of a bachelor’s degree or equivalent experience in that field. Your employer must show that there is a lack of qualified U.S. applicants for the role.
So In summary for the 1st 12 months of an OPT an OPT student can take an Unpaid training or Volunteer work as long as its in their field of Study.
What is the OPT Scam? –OPT Scam are scams being perpetuated by some seedy companies who did not provide any training and were just taking $300-$1000 and giving OPT letters without providing the necessary training and projects which were required to be done as per the OPT program. Most of the time the trainings were not provided and 1000’s of students were asked to give $300-$1000 for obtaining the OPT letter. Also the students were not assigned any projects or provided any trainings to gain any work experience in their field of study
Students were using the OPT visas to obtain EAD cards and were working on jobs which were not in their field of study for example working at Grocery stores, gas stations etc which is a violation of Labor Laws.
How Can an OPT Student prevent him/herself into getting caught by scams?
- Verify the company and how long it’s been in business
- See candidate success outcomes whether they have actually provided trainings previously?
- Check if they are solely taking OPT students then it’s a red flag. If they are taking a mix of Citizens, Green cards, H4 EAD and other visas along with F1 students then it means their training is genuine.
- Check if they are connected with the tech industry and if they take party in tech industry events.
- If they are taking training fees ensure they are not taking it for giving a letter but for training which they would anyways take from all trainees irrespective of their immigrations status. Also ensure they are doing proper detailed training and work which is the field of study.
- Do not use your EAD card to work on work or Jobs not related to your field of study.
- Low fees-If their fees are very low that means there is no way they can provide good training. $300-$600 its almost impossible for any good training company to provide quality technology training. Most Bootcamps charge anywhere from $9000 to $21000.
Since 2010 SynergisticIT has helped candidates get upskilled in the latest technologies in the tech Industry. We have helped 1000’s of candidates achieves their tech careers irrespective of their immigration status.
F1 OPT should be careful Whenever choosing a company for upskilling or even to maintain their immigration status that they are adhering to the above guidelines, and they don’t violate any labor laws by working on any jobs unrelated to their field of study whether paid or unpaid.
Remember OPT means Optional Practical Training so an OPT candidate should train in their Field of study or work in their field of Study only in field of study which they got their OPT in. Training or Employment can be Volunteer work or Unpaid or paid.
Synergisticit Can help OPT students upskill and train in their field of study to ensure they have the skills and technologies to achieve a paid employment job offer when the time comes to file their STEM OPT extension as that has to be paid and eventually an H1B visa.
OPT students should always be aware that if they have the right Skills, Technologies and certifications any employer would hire them and file their STEM OPT extension and H1 B. If your skills are not exceptional you will be hard pressed to be hired by employers as US employers can easily hire US citizens also who they don’t have to file Stem OPT extension or an H1B.
To help you in your journey to a Great tech career SynergisticIT offers end-to-end support from skill enhancement training, job interview preparation to job placement. We equip candidates with the skills required for real-world projects and tasks. Our project-learning approach enables candidates to gain hands-on experience essential to enter the job market.
Having the highest Candidate Success Outcomes, we strive to build a supportive learning environment where candidates can collaborate, share knowledge, and grow together.
Anytime you want to upgrade your skills and need a helping hand to enter or re-enter the tech industry, you can reach out to us. We have helped thousands of job seekers since 2010 build successful careers in the tech industry and we can help you too. Our career-oriented training prepares you with top-notch skills, so reach out to SynergisticIT– Home of the best Data Scientists and Software Programmers in the Bay Area.