Understanding OPT Deferred Affiliation: A Guide for International Students and Employers

The Optional Practical Training (OPT) program provides an excellent opportunity for international students in the United States to gain practical work experience related to their field of study. One key aspect of the OPT program is the concept of “opt延期挂靠.” This term refers to situations where an individual’s OPT application or work authorization is delayed or deferred due to various factors, such as administrative processing or the need for additional documentation. In this article, we will explore what OPT deferred affiliation means, how it impacts students and employers, and the steps involved in navigating this process.

What is OPT Deferred Affiliation?

OPT deferred affiliation refers to delays or deferrals in an international student’s ability to begin working under the OPT program. When a student’s OPT application is approved, they are usually allowed to start working shortly after their program completion date. However, in some cases, their work authorization might be delayed, which means they cannot immediately begin their employment as planned. This deferral can occur due to issues such as processing delays by U.S. Citizenship and Immigration Services (USCIS), pending verification of eligibility, or incomplete documentation.

Causes of OPT Deferred Affiliation

There are several reasons why an OPT application might be deferred or delayed. Some of the most common causes include:

1. Processing Delays: The USCIS is responsible for processing OPT applications. With the high volume of applications, processing times can sometimes extend beyond the expected timeframe, leading to delays in the issuance of the Employment Authorization Document (EAD).
2. Incomplete Application: If an international student submits an incomplete or incorrect application, USCIS may delay the approval process. This can include missing signatures, insufficient evidence of eligibility, or incorrect forms.
3. Administrative Processing: In some cases, USCIS may require additional information or clarification before approving an OPT application. This might result in a deferment while the agency conducts further administrative processing.
4. Change in Academic Status: If a student changes their program of study or transfers schools while their OPT application is pending, this could delay or defer their affiliation until the new academic status is verified.

Impact of OPT Deferred Affiliation

The deferral of OPT work authorization can have several impacts on both international students and the employers who wish to hire them. Here’s how both parties may be affected:

For Students:

1. Delayed Employment Start: A deferred OPT affiliation means that the student cannot begin working on the date they originally planned. This can be frustrating, especially if they have secured a job offer or internship that is time-sensitive.
2. Loss of Opportunity: In some cases, students may lose job opportunities if their OPT authorization is delayed beyond a reasonable period, especially with employers needing workers to start on specific dates.
3. Financial Strain: Without the ability to work, students may experience financial difficulties, particularly if they are relying on their OPT income to support themselves.

For Employers:

1. Uncertainty in Hiring: Employers who hire international students on OPT may face uncertainty regarding the student’s work start date. If the OPT affiliation is delayed, this can cause gaps in workforce planning or project delays.
2. Compliance Issues: Employers must ensure they comply with U.S. immigration laws regarding OPT work authorization. Hiring an international student without the proper work authorization could lead to legal penalties or fines.
3. Employee Training and Development: If an employer has hired an international student under the OPT program, they might have to adjust their onboarding and training schedules to account for any delays in the student’s work authorization.

Steps to Take When Facing OPT Deferred Affiliation

While a deferred affiliation can be a challenging situation, there are several steps students and employers can take to navigate this process:

For Students:

1. Follow Up with USCIS: Regularly check the status of your OPT application through the USCIS website. If your application has been pending for longer than expected, consider contacting USCIS for clarification or to inquire about additional steps.
2. Consult with Your Designated School Official (DSO): Your DSO can provide guidance and may be able to assist with addressing any issues related to your application, especially if there are discrepancies in your SEVIS (Student and Exchange Visitor Information System) record.
3. Stay Updated: Keep up with any changes to the OPT regulations, especially those that might affect the timing of your work authorization.

For Employers:

1. Be Patient and Flexible: Understand that the OPT process can take time. Communicate with your prospective employee about the situation and be flexible with their start date if possible.
2. Verify Work Authorization: Always verify the work authorization status of your employee before they begin working. This includes checking the EAD card and ensuring they have the legal right to work in the U.S.
3. Prepare for Delays: If you are hiring international students on OPT, it’s important to factor in potential delays and have contingency plans in place for workforce planning.

Conclusion

OPT deferred affiliation can create challenges for both international students and employers, but with proper understanding and planning, these challenges can be mitigated. Students should stay proactive in tracking their application status and seek support from their DSOs, while employers should be flexible and mindful of the additional considerations that come with hiring international talent. By navigating the OPT process carefully, students can still make the most of this valuable opportunity to gain practical experience in the U.S., and employers can benefit from the skills and talent that international students bring to their teams.