Work from home OPT, CPT and electronic I-20

COVID-19 has brought many changes in our daily life and international education is no exception. US Immigration and Customs Enforcement has announced visa and immigration policy changes in support of international students who have been affected by the coronavirus outbreak.

Changes on the 5-month rule, I-20 issuance, work from home OPT, and CPT requirements have been updated in the Frequently Asked Questions for SEVP Stakeholders about COVID-19. F-1 visa 5-month temporary absence provision update was discussed in the previous blog post, so this post will cover other updates. I strongly doubt that these changes are going to be a “New Normal,” but I highly doubt that this virus is going to be under control in the near future as well.

Therefore, it is important for students to be aware of these COVID-19 procedural changes and take advantage of these accommodations.

Related blog posts: F-1 student visa 5 month rule affected by COVID-19

Contents

• Electronic I-20 issuance
• On campus employment updates
• CPT updates
• OPT updates

Electronic I-20 issuance

Before COVID-19, U.S. universities had to ship the form I-20 directly to a nonimmigrant student for safety and privacy reasons. This SEVP (Student and Exchange Visitor Program) policy has recently changed and now it allows sending a pdf file of I-20 to student email addresses listed in SEVIS during the COVID-19 emergency.

This means, if a student lost their I-20, she/he can simply ask one’s International Student Advisor (or DSO; Designated School Official) for an electronic copy of I-20. When it comes to admittance issues, it is good practice to check CBP (US Customs and Border Protection)’s view as it is a CBP officer who decides your admittance eligibility when you go through customs. SEVP confirms that CBP will accept the electronic copy of the I-20 as well as the electronic signature.

SEVP coordinated with both the Department of State and CBP regarding the policy to allow electronic issuance and signing of Forms I-20 for the duration of the COVID19 emergency. Both agencies are in support of this action. SEVP continues to respond to any issues raised or questions from both agencies about this policy and will provide clarity as needed.

Frequently Asked Questions for SEVP Stakeholders about COVID-19

Now you might know that students should have a valid travel endorsement which is signed within a year on their I-20s to re-enter the U.S. border. Since most of the university staff are working from home, SEVP made another exception that permits digitally signed I-20. SEVP identified the following methods to sign and send the Form I-20:

• Email a scanned version of the physically signed Form I-20;
• Email a digitally signed Form I-20 using electronic signature software; or
• Email a digitally signed Form I-20 that contains a digitally reproduced copy of a physical signature.

How long forms I-20 issued electronically or with electronic signatures will be valid? Frequently Asked Questions for SEVP Stakeholders about COVID-19 answers that sending electronic copy of I-20 is permitted during the COVID-19 pandemic while forms will be remain valid until students have a need for an updated Form I-20. Likewise, an electronic travel signature will be valid for 12 months just like a wet signature.

On Campus Updates

Original immigration policies allow F-1 visa holder students to work without employment authorization only when they work on campus. However, following social distancing guidelines, almost every nonessential business is working from home. To accommodate these changes and needs, SEVP (Student and Exchange Visitor Program) adjusted its policies on on-campus employment.

It is written in Frequently Asked Questions for SEVP Stakeholders about COVID-19 that “If the current on-campus employment opportunity has transitioned to remote work or the employment can be done through remote means, students may continue to engage in on-campus employment remotely.” Thus, if the office or the department decided to keep student employees over the summer, students can work remotely.

CPT Updates

There’s good news for CPT participants as well. If a CPT participant had to go back to the home country, a student can still engage in CPT during their time abroad, provided they are:

• Enrolled in a program of study in which CPT is integral to the program of study;
• Their DSO authorized CPT in advance of the CPT start date; and
• Either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.

OPT Updates

OPT updates look pretty much the same as CPT updates. OPT applicants and STEM (Science, Engineering, Technology, and Mathematics) OPT applicants can continue to participate in work from home OPT during their time abroad, as long as they meet the following requirements:

Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect. See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) for additional information.

Frequently Asked Questions for SEVP Stakeholders about COVID-19

Original STEM OPT rules require students to submit an updated I-983 training plan when there’s any change in the employer site address. But we can see that STEM OPT participants, who continue to work while abroad, don’t have to update the document.

Another OPT rule that will not apply during the COVID-19 is the 20-hour requirement; “For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT.” On the other hand, there are other COVID-19 impacted OPT rules that have not been updated yet.

For example, international students who are engaging in OPT would like to know:

• If there be an extension or suspension of the 90-day/150-day allowed period of unemployment for OPT and STEM OPT during the COVID-19 emergency
• If students can apply for OPT while outside of the United States by filing a Form I-765, “Application for Employment Authorization,” from abroad

To sum, if the I-20 is lost or stolen, a student can request an electronic copy of the I-20 and receive it via email and it can be used to re-enter the U.S. If you are engaging in CPT or OPT and would like to go back to your home country, you can discuss work from home opt options with your employer. In addition, OPT participants are allowed to work less than 20 hours per week during the COVID-19 pandemic.

All the recent OPT news and updates can be found on the OPT page. Updates on the F-1 visa regulations can be found on the F-1 visa page. For STEM OPT information, click the STEM OPT page.