Best OPT start date: Remember the 90, 60, 30 rule

The most common questions that I get from international students regarding the OPT is “when can I start applying for OPT?” and “Which date should I put as an OPT start date?” Understanding OPT date related rules is important because students will accrue unemployment days from the OPT start date and F-1 students can work only from the OPT start date AND when they received the EAD card.

Given that the processing times for OPT application (=Application for Employment Authorization Document, EAD) takes longer than ever since March due to COVID-19, it is critical for students to understand the OPT application time frame.

In this blog post, I will illustrate the easiest way to remember important OPT date-related regulations. At the end of the blog, you will clearly understand when to apply for OPT and have a better sense of choosing your own OPT start date.

Related blog post: Must-know 4 eligibility for student visa OPT

Contents

• When you can apply for OPT: 5-month window
• What would be the best OPT start date?

When you can apply for OPT: 5-month window

As I wrote in the title, what you need to remember are these numbers: 90, 60, and 30. The earliest date you can apply for OPT is 90 days earlier from the graduation date (=program end date, this date can be found in your I-20. If you are graduating earlier than the program end date, you should talk to your international student advisors.). To file the OPT application on time, USCIS should receive your OPT application no later than 60 days from the program end date.

Below is the visualized time frame that shows from when to when F-1 visa holders can apply for OPT. Since it gives you 3 months before your program end date to apply for OPT and 2 months after the graduation date, it is called a 5-month window. Basically, international students can choose any date within the 5-month window as a OPT start date. However, students should be strategic when it comes to choosing the OPT start date and I will discuss why and how in the next section.

Now, before I jump into how to choose the best OPT start date, you might wonder “what does 30 refer to?” When you apply for OPT, DSO (Designated School Official) will request the OPT in the SEVIS system. 8 CFR 214.2(f)(11)(i)(B)(2) requires OPT applicants to file the form with USCIS within 30 days of the date the DSO enters the recommendation for OPT into the student’s SEVIS records. In this view, it is advisable to have every documents ready to be filed before your DSO recommends for OPT in SEVIS. This will help students to not go over than 30 days, thus, be eligible for applying for OPT.

Post-completion OPT. For post-completion OPT, not including a 24-month OPT extension under paragraph (f)(10)(ii)(C)(2) of this section, the student may properly file his or her Form I-765 or successor form up to 90 days prior to his or her program end date and no later than 60 days after his or her program end date. The student must also file his or her Form I-765 or successor form with USCIS within 30 days of the date the DSO enters the recommendation for OPT into his or her SEVIS record.

8 CFR 214.2(F)(11)(I)(B)(2)

What would be the best OPT start date?

Before COVID-19

In the previous section, the 5-month window to apply for OPT has been discussed. When it comes to the OPT start date, the earliest OPT start date will be right after the graduation date. On the other hand, the latest OPT start date should be no later than 60 days from the graduation date. Before COVID-19, I used to demonstrate three case scenarios to OPT for applicants to help them choose the best OPT start date based on their needs.

Case scenario 1: If you have had job interviews during your final term, you may choose the date that is closer to the program end date as your OPT start date. For students who successfully landed in a job by the time that they apply for OPT, the student can choose the OPT start date that is matched with their job start date. In this scenario, students will be able to work as early as possible which can be an advantage for them. Since students are only allowed to engage in employment upon the arrival of the EAD card, students should apply for OPT as early as possible to have enough time to receive the EAD card.

Case scenario 2: Students who just started to look for employment opportunities and yet to have any job interviews or job offers, prefer to choose 30~45 days later from the graduation date. By having roughly a month after graduation, new job seekers can have some time to look for employments and let employers know that they can start working in a few weeks as long as the EAD arrives.

Case scenario 3: If you are planning to focus on studying during the last semester and look for job opportunities once you graduate, choose the latest OPT start date. This will allow students to take advantage of available days to the fullest to land in a job. To calculate the latest OPT start date, use the date calculator such as Timeanddate.com.

During the pandemic

These scenarios are no longer applicable during the pandemic because USCIS recently announced that EAD processing times will highly likely increase. To avoid delays in EAD delivery, the best practice is to select the latest OPT start as possible. Thus, go to the academic calendar of your institution and check the graduation date of your final semester. Go to Timeanddate.com and add 60 days from the graduation date. I prefer adding 59 days from the graduation date, just to make sure not to go over 60 days’ regulations.

Related blog post 1: USCIS averts its furlough plan which will increase processing times
Related blog post 2: I haven’t received my EAD; OPT EAD processing time

In conclusion, OPT applicants apply as early as 90 days before the graduation date. To successfully file the OPT application, USCIS should receive the application no later than 60 days from the graduation date and no later than 30 days from the date that DSO enters OPT recommendation into her or his SEVIS record.

Students can select the OPT start date as early as the next day of the graduation date. The latest OPT start date is 60 days from the graduation date. Since USCIS announced delays in processing times, the best practice is to apply as soon as possible (90 days before the program end date) and put the latest OPT start date (60 days after the program end date).

To learn more about OPT updates and read all OPT news, click the OPT page. For STEM OPT-related information and must-know immigration regulations for F-1 visa students, click the STEM OPT page and F-1 visa info page respectively.