Maintaining Status While On OPT

OPT Reporting
Students are required to report employment information as well as physical living address during approved OPT periods. Changes must be reported within 10 days of the change occurring.

To make updates, students should complete the OPT Update and Reporting Form or STEM OPT Update and Reporting Form as well as the SEVP Portal. Additional information for using the SEVP Portal is available here.

*Please note you will not have access to your USCIS portal until your OPT start date.


Types of Work Allowed on OPT

The following activities are considered allowable employment on OPT:

  • Regular Paid Employment
  • Payment by multiple short-term employers
  • Primarily focused on musicians and other performing artists.
  • Students should maintain a list of all gig dates and duration of each.
  • Work for Hire
    • Also called 1099 employment or independent contractor
    • Students should retain evidence showing duration of contract periods, name and address of contracting company.
  • Self-Employed Business Owner
    • Students must be able to prove they have proper business licenses and are actively engaged in a business related to their degree program.
  • Employment Through an Agency
    • Students must retain evidence showing they worked an average of at least 20 hours per week while employed by the agency.
  • Volunteers or Unpaid Interns
    • Students must ensure their volunteer or unpaid internship does not violate any labor laws and constitutes at least 20 hours per week.
    • Students must maintain evidence from the employer that verifies that they worked at least 20 hours per week during the period of employment.

Travel While on OPT

Students on OPT may travel outside the U.S. if they have the following documents:

  • Valid passport and F-1 visa.
  • Unexpired EAD.
  • Form I-20 with the OPT recommendation and a travel signature that is not older than 6 months.
  • Proof of employment.
    • A letter from employer verifying that student is currently employed. Failure to show evidence of employment may result in denial of reentry.

If the F-1 visa is expired, it is not recommend to travel internationally without first discussing your plans with an advisor. There are limited situations in which a student on OPT with an expired visa may reenter the U.S. without renewing an expired visa. There is a possibility of visa denial when applying for an F-1 visa renewal while on OPT.


STEM OPT Application

STEM OPT Extension

The Optional Practical Training STEM Extension is an extension of the OPT work authorization available to F-1 students currently on OPT who have completed a program of study in one of the STEM fields. Students are eligible for 2 lifetime STEM OPT extensions and only one STEM extension per degree level.

Eligibility Requirements

STEM OPT extensions have very specific requirements for eligibility. Those requirements are:

1. Currently in an approved period of Post-Completion OPT

2. Qualifying Degree

Student must have received a bachelor’s, master’s, or doctoral degree for a degree in a major field of study that appears on the DHS STEM Designated Degree Program List.

The current list of qualifying STEM majors at Rollins can be found highlighted here.

3. Qualifying Job

Must be a paid position for more than 20 hours per week and directly related to the STEM eligible degree.

4. Qualifying Employer

Employer must be enrolled in E-Verify and have an IRS Employer Identification Number.

5. Form I-983 Training Plan

Must present a completed I-983 to OISSS for approval before a recommendation for STEM OPT will be made.

Application Process

Students must apply before the end of their current OPT authorization period but not earlier than 90 days before the current expiration date. It is recommended that students apply as close to the 90 days as possible.

Student may now apply online. Please carefully review the instructions described in the Online I-765 Application for the STEM OPT Extension.

The start date of the STEM OPT period must be the day after the post-completion OPT period expires. Students who have submitted a STEM OPT application before their post-completion OPT ends are considered to have their work authorization automatically extended for up to 180 days beyond the EAD expiration date while the STEM OPT application is pending. USCIS will send a new EAD if the STEM OPT application is approved.


Maintaining Status while on STEM OPT

Maintaining status while on STEM OPT

OPT Reporting
Students are required to report any changes of their physical living address, legal name, or when a student stops working for an employer or starts working with a new qualifying employer within 10 days of the change. This can be done using the STEM OPT Information and Updates Form as well as the SEVP Portal. Additional information for using the SEVP Portal is available here.

Students with STEM OPT should review and share with their employers the STEM OPT Reporting Requirements.

Additionally, students on the STEM OPT extension must make periodic reports regarding their employment information and their physical living address during the approved STEM OPT period.These reporting requirements are:

  • 6-month Validation Report
  • 12-month Evaluation Report
  • 18-month Validation Report
  • 24-month Evaluation Report
  • A modified I-983 when there has been a material change to the training plan on file with the DSO
    • Material changes “may include but are not limited to”:
      • Any change of the employer’s IRS Employer Identification Number (EIN)
      • Any reduction in student compensation that is not tied to a reduction in hours worked
      • Any significant decrease in the number of hours of work per week that was specific on the Form I-983
      • Any decrease in hours of work that would reduce the student’s total hours with that employer to less than 20 hours per week
      • Changes to the employer’s commitments or student’s learning objectives as documented on the Form I-983

Travel during STEM OPT

Students on STEM OPT may travel outside of the U.S. and seek reentry in F-1 status if they have the following documents for reentry:

  • Valid F-1 Visa
  • I-20 with STEM OPT recommendation and a travel signature no older than 6 months from date of reentry.
  • Valid Passport
  • Employment Authorization Document (EAD)
    • It could be the expired card from regular post-completion OPT OR the STEM OPT EAD
  • A copy of the receipt notice
    • Required only if the STEM OPT application is still pending

Generally, if the F-1 visa is expired, OISSS does not recommend traveling internationally without first discussing your plans with an advisor. There are limited situations in which a student on OPT with an expired visa may be able to reenter the U.S. without renewing the visa. However, there is a much higher risk of visa denial when applying for an F-1 visa renewal while on OPT.


90-Days of Unemployment

Students cannot exceed 90 days of unemployment during their 12-month OPT period. Accruing more than 90 days will result in the loss of F-1 status and the termination of the OPT authorization. Time spent outside of the U.S. without an employer still counts towards the 90 days of unemployment.

The following options are available to students about to reach 90 days of unemployment:

  • Enroll in a new degree program
  • Apply for a new immigration status
  • Depart the U.S.

Driver's License Renewal

Florida Driver's License & I.D. Card

Due to new procedures implemented by the federal REAL ID Act, it has become more complicated for international students to obtain a Florida driver's license or a Florida identification (I.D.) Card., and many international students have been denied a Florida driver's license in the recent past because they did not have the newly required documentation. However, it IS possible—it just requires preparation and patience!

https://www.youtube.com/watch?v=pNbI2OlLRdU

The best place to find out detailed, current information is directly from the Florida Department of Highway Safety & Motor Vehicles (HSMV) web page at https://www.flhsmv.gov/new-resident/. There are several offices in the Orlando area. Check the Driver’s License Office Directory online for addresses, telephone numbers, days, and operating hours of nearby offices. Please review the Florida HSMV website carefully to ensure you have everything you need: https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/.

According to the HSMV website, all applicants should take the following with them:

1. Primary Identification:

An original of the following documents with complete name:

Valid passport and visa 

I-94 Departure Record (indicating F-1 or J-1 D/S) 

Current I-20 or DS-2019 

Rollins College Student ID Card (though this may not be needed, we recommend bringing it in case you are asked) 

New and transfer students must wait at least 10 days from the end of the first week of classes to apply for a Florida ID or driver’s license to allow the immigration systems to communicate the student’s current, active status to the HSMV systems. Additionally, the Form I-20 (if applicable) must indicate status as “continued attendance” - NOT initial or transfer.

2. Proof of Social Security:

Social Security Number 

The Social Security Administration (SSA) requires that a student secure a job offer in order to qualify to apply for a Social Security Number (SSN) or provide proof of approved OPT, in the form of the EAD card. If already have or will soon be obtaining a SSN, provide a copy of the SSN to meet this requirement. 

For more information on this requirement, view the HSMV website: https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/frequently-asked-questions/

3. Proof of Residential Address:

Students must submit TWO different hard-copy documents with their Florida residential address (printouts are acceptable).

Please check the HSMV for a full list of accepted documents. Some examples of accepted documents include a bank statement with current address, Rollins College transcript forms for the current school year, utility bill, apartment lease, form DS2019 - certificate of eligibility for exchange visitor (J-1) status, etc.

Though it may not be needed, the Office of International Student & Scholar Services will provide a letter certifying student or scholar status, as well as residential address. If the student has a SSN, please request a Letter Certifying Student Status in the Student Request Form

Students can call or check online for the nearest HSMV to ask if they need an appointment. At the HSMV office, the student will fill out some forms, show the above documents and proof of identity (check HSMV web page for acceptable forms of proof of identity) take a written or computer test, take a road test, pass the vision test, and pay a fee. To pass the written or computer test, must know U.S. safety and traffic laws and the road signs. This information can be found in the Florida Driver Handbook which can be picked up at the local HSMV office or accessed online at: http://www.flhsmv.gov/resource-center/handbooks-manuals/. Non-Immigrants and Canadian citizens will receive a driver license or ID for a period not to exceed the expiration date of the Immigration document presented or one calendar year, whichever occurs first.

While Rollins OISSS does not officially endorse any program, some students who have been required to take the Traffic Law & Substance Abuse course to obtain a license have had success using this program. The full list of licensed and accepted providers of the course can be found on the Florida HSMV website. Before selecting and paying for a course, we recommend first verifying they do not require a SSN to take the course.

Don’t need a driver’s license, but want a Florida I.D. card for identification purposes?

It is easier than getting a driver’s license because no tests are required, however the student cannot use the I.D. card for driving purposes. To obtain a Florida I.D, card, the student must go to an HSMV office, fill out paperwork, show the above immigration documents, and pay a fee. Check the HSMV web site for more information on I.D. cards.


Tax Obligations while on OPT or STEM OPT

Tax Obligations

The information below is only intended as a general overview of taxpaying requirements and should not be considered financial or legal advice. Due to legal restrictions, the staff of the Office of International Student & Scholar Services is not able to advise on tax issues, answer individual tax questions, or prepare tax forms for students or scholars.

Non-immigrants in F or J status (both principal and dependents) are required to file an individual income tax return if they were physically present in the U.S. in the tax year (January 1 – December 31), even if they had no U.S. source income. Be aware that there are penalties for failure to file a tax return.

Tax Workshops

Tax workshops on nonresident taxes are offered each spring in webinars on Nonresident Taxes through Sprintax.

Sprintax Nonresident Tax Webinar (EAP)

In these tax webinars, international students, scholars and professionals will be run through everything they need to know about nonresident tax for the 2024 tax season. Topics will include who must file, tax residency, FICA, State returns, implications of misfiling as well as how to use Sprintax to prepare a compliant tax return.

Spring 2024 Tax Season Webinars to be held in early 2025 will be posted here when available.

**Rollins OISSS will host a Tax Workshop on this day. Students can join us (TBD) to watch the Sprintax webinar together and then have a Q&A session following.

Sprintax Nonresident Tax Overview for OPT/CPT

Topics covered in these webinars will include residency for tax purposes, tax liabilities when on OPT/CPT and pre-employment tax forms when on OPT/CPT. The Sprintax team will also provide an overview of Sprintax Forms which can be used to prepare your pre OPT/CPT employment tax documents.

Dates will be posted when available.

The tax filing deadline is annually set as April 15. This date may be adjusted per the calendar or due to the pandemic. In 2025, for tax year 2024, the tax filing day will be April 15. 

Guides and Form

Tax Guide and Information Packet

Tax Year 2023 Income Tax Filing Guide
Sprintax YouTube Channel

Tax Filing Forms for Tax Year 2023

Form 843
Instructions for Form 843
Instructions & Form 8843
Form 1040-NR
Instructions for Form 1040-NR

Summary of Tax Obligations

International students and scholars studying, teaching or engaged in research activities in the U.S. are subject to federal and state income taxation. Some nonimmigrants are also subject to the federal Social Security tax (FICA) on wages earned.

The U.S. tax treatment of international students and scholars and families depends on their status as residents or nonresidents (for tax purposes) and type of income. In some circumstances, country of origin may be a factor, since the United States has tax treaties with some countries which exempt citizens and/or residents of those countries from U.S. income tax. Since tax liability depends on personal circumstances, students are responsible for determining their own tax obligations.

F and J visa holders (students, scholars, professors, trainees, etc.) are generally considered nonresident aliens for U.S. federal tax purposes for an initial period ranging from 2-5 years. These individuals must file a 1040-NR federal tax return if they have U.S. income subject to tax. Nonresident alien students and trainees who are temporarily in the U.S. with F, J, M, or Q status and who have no income subject to U.S. tax, do not have to file Form 1040-NR. However, they must still file Form 8843.

The Internal Revenue Service (IRS) is the U.S. government agency responsible for the collection of federal income taxes.


Federal Tax Withholding

All employers are required to withhold or deduct applicable federal, state and city taxes from paychecks. These withholdings are recorded by your Social Security number. The payroll office determines the amount of tax to be withheld from each paycheck. At the end of the tax year, anyone who is/was employed will receive a W-2 Form from their employer. This form totals the income paid and taxes withheld for the year. From this, you can determine if you owe additional tax or the U.S. government owes you a refund by checking the tax table in the Form 1040-NR instruction book. You must submit the appropriate copy of the W-2 with your income tax return.

Nonresident aliens in F-1 or J-1 status are exempt from Social Security (FICA) withholdings if income is received for services performed to carry out the purpose for which the alien was admitted to the U.S. This includes employment pursuant to a scholarship, fellowship, assistantship or other financial aid award, approved on- and off-campus employment, authorized employment due to economic necessity and practical training employment [26 U.S.C. 3121 (b) (19)]. However, students who have been in F status for over 5 years and are not from countries covered by tax treaties (2 years for J visa holders) are subject to Social Security tax withholding unless they can prove to the IRS that they do not intend to stay in the U.S.

For more information, please read the Internal Revenue Service's Publication 513.

Individual Taxpayer Identification Number (ITIN)

If you are not eligible for a Social Security Number and receive a taxable scholarship, you need to apply for an ITIN so that you can file your income tax return during tax season. If you wish to benefit from a tax treaty, you may need an ITIN. For more information on how to file for an ITIN, please this handout.


When OPT Authorization Ends

Beginning the day after the OPT authorization period ends, students have a 60-day grace period. During this grace period, students can:

  • Depart the U.S.
  • Enroll in a new program of study at Rollins or another school
    • The new program must begin within 5 months from the OPT end date or the next available session, whichever comes sooner.
    • If the school is within the U.S., the student must submit the SEVIS Transfer Out Request Form in order to transfer their immigration record.
    • Student must be issued new I-20 for new program within the grace period.
  • Change to another non-immigrant status

If the student’s employer has applied to sponsor the student for an H-1B, the student can learn more about the F-1 Cap-Gap below.


H1-B Temporary Work Visa

The H-1B non-immigrant visa is a temporary work visa for employment in a “specialty occupation.” A “specialty occupation” is generally considered a professional-level position that requires a minimum of a bachelor’s degree or equivalent in a specific field of study.

Parameters of the H-1B:

  • Minimum salary is required; Labor Condition Application must be certified prior to application.
  • Initial 3-year stay; extension up to additional 3 years; limited opportunity for further extension.
  • Limited number of H-1B visas available annually.
    • H-1B fiscal year is October 1 – September 30
    • 65,000 cap (6800 reserved for citizens of Chile & Singapore)
    • 20,000 additional visas available for beneficiaries holding a master’s degree or higher from a U.S. institution.
  • Employer is responsible for cost of return transportation for dismissed employee.

H-1B Petition Process:

  • Employers must register in the USCIS registration system during the registration period and register each intended beneficiary (employee).
  • Registration periods are announced annually by USCIS.
  • If the petitioner (employer) is selected in the registration system, a complete H-1B cap-subject petition may be filed on behalf of the beneficiary (employee) within the filing period indicated on the notice.

F-1 Cap Gap

The F-1 Cap Gap is an automatic extension of a H-1B beneficiary’s duration of status and possibly employment authorization to bridge the period of time between the end date of the Optional Practical Training (OPT) or the 60-day grace period and the start of the H-1B status.

To be eligible for an extension of duration of status, a beneficiary must currently be on approved OPT authorization or in the 60-day grace period following the completion of OPT when USCIS receives the H-1B petition requesting a change of status to begin October 1 of the current year.

While regulations state that duration of status and employment authorization “shall be automatically extended until October 1”, the Form I-20 is updated incrementally to document the student’s status and employment authorization based on the status of the H-1B petition (see below). The automatic extension of OPT and/or duration of status is terminated upon a rejection, denial, or revocation of the H-1B petition.

Status of H-1B Petition
Filed
SEVIS extends F-1 status and any authorized OPT until June 1
Waitlisted
SEVIS extends the F-1 status and any authorized OPT until July 28
Pending (the H-1B petition is receipted)
SEVIS extends the F-1 status and any authorized OPT until September 30
Approved
SEVIS extends the F-1 status and any authorized OPT until September 30
Canceled
SEVIS reverts F-1 status and any authorized OPT end date to the original end date
Rejected
SEVIS shortens F-1 status and any authorized OPT to the date of the rejection letter