Can I file the I-765 OPT application outside the US?

Can F visa students file the I-765 OPT (Optional Practical Training) application outside the US? International graduating students who are currently taking online classes in their home countries might wonder if they can file the OPT application outside the US. Also, there might be cases where international students who are participating in study abroad outside the US, thus, can’t be in the United States to file the OPT application.

To see if students can apply for the OPT overseas, there are two things to look at- OPT immigration regulations and Form I-765 OPT application instructions. Although we are going to look at it closely in the following paragraphs, both immigration regulations and I-765 instructions require OPT applicants to be in the United States to request employment authorization. At the end of the blog post, you will learn why students should be in the United States to be eligible for the OPT program.

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case Study Scenario
• The answer based on the regulation

Case Study Scenario

Q1: I am taking online classes and there’s one more semester left to graduate. If it is allowed, I would like to finish my program in my home country and apply for OPT here. Do I need to physically present in the United States to apply for OPT?

Q2: Currently, I am participating in a study abroad program and I am about to graduate. Can I apply for the OPT program here outside the U.S. and go back to the U.S. later once the OPT request is approved?

The answer based on the regulation

Form I-765 instructions

Form I-765 is an application that OPT applicants should complete to receive the EAD card. On that form, under part 3, it clearly says the following: “You must file Form I-765 while in the United States.” Along with the Form I-765, F students are required to submit the I-94 arrival/departure record which will help USCIS to have jurisdiction over the student’s presence in the United States.

Additionally, Instructions for Application for Employment Authorization which you can find on the USCIS website, clearly states that the purpose of Form I-765 is for “Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).”

In the same light, according to the instructions for completing Form I-765, payments should be made in ways that can be drawn from U.S. located financial institutions. What is more, international students should provide U.S. mailing addresses for EAD card delivery.

• Payments by Check or Money Order: The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency;
• Item Numbers 5.a. – 5.f. Your U.S. Mailing Address. You must provide a valid mailing address in the United States. You may list a valid U.S. residence, APO, or commercial address.

Related blog post: 7 Require documents for OPT Application

The OPT regulation

The OPT regulation at 8 CFR 214.2(f)(10) says the OPT “may be authorized to an F-1 student.”

10) Practical training. Practical training may be authorized to an F-1 student who has been lawfully enrolled on a full time basis, in a Service-approved college, university, conservatory, or seminary for one full academic year. 

8 CFR 214.2(f)(10)

NAFSA Association of International Educators interprets this as “students must be in F-1 status at the time, and, although they are in valid SEVIS status while outside the United States, they might not be seen to be “in F-1 status,” since being physically present in the United States is a condition of holding nonimmigrant “status.”” In other words, foreign students who have been maintained valid SEVIS status by taking online classes at home and participating in a study abroad program might not be eligible to file the OPT application outside the US as they are not in F-1 status in the U.S.

The bottom line is as USCIS requires I-765 applicants to file the form while in the United States and the OPT regulation states the program to be authorized to an F-1 student, it is reasonable to say that students cannot file the OPT application outside the U.S. When you complete the Form I-765 OPT application, it is important to check the latest edition date. To learn more, please click the related blog post below.

Related blog post: IMPORTANT I-765 form update: 8/25/2020 edition