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Date Calculators for Immigration Processing (version 3-1)
CLICK ON A WORKSHEET TAB BELOW TO OPEN THE CALCULATOR OF YOUR CHOICE
The calculators in this file have been developed as tools to help international student and scholar advisors determine
time used and time remaining for various types of immigration eligibility. The Days From and Days Prior calculators can
also be used in a variety of ways such determining the earliest or latest date an application can be submitted. No doubt,
you will find a number of different uses not anticipated in the development. After entering the data, you can print the
result for your files, should that be of use.
Both the OPT-CPT calculator, AT, and "H, J, Other" calculator use a "+1" calculation in the date formulas so that
authorizations are inclusive of the start and end dates. For example, if you enter 12/10/2007 to 12/11/2007 without the
"+1" in the formula, the result is "1", implying there was only one day of authorization when, in fact, you must count
both days when subtracting from overall eligibility. With the "+1" in the formula, both days are included and the result
correctly states that the individual was authorized for two ("2") days of employment.
About the Calculators:
OPT-CPT Calculator: Use this calculator to determine how much Curricular Practical Training (CPT) has been used by
a student in F-1 status and to determine if the student is still eligible for Optional Practical Training (OPT). The
calculator can also be used to determine remaining OPT eligibility at the same educational level without entering any CPT
information. Entering a start date returns the exact end date for that student's authorization given the remaining
eligibility.
OPT-CPT Calculator (Long): Occasionally, a student will be authorized for many separate periods of CPT (or even
OPT). This calculator is the same as the "short" version except that it has rows for up to 20 part-time authorizations and
8 full-time authorizations in both CPT and OPT. The short version is easier, visually, to use and to print, but it seemed
necessary to include the long version for those rare students with a great deal of CPT or OPT.
AT Calculator: Use this calculator to determine how much Academic Training time has been used and how much
eligibility remains. Entering a start date returns the exact end date for that student's authorization given the remaining
eligibility.
AT Calculator (Long): Occasionally, a student in J-1 status will be authorized for many separate periods of Academic
Training (AT). This version is the same as the "short" version except that it has rows for up to 20 authorizations. The
short version is easier, visually, to use and to print, but it seemed necessary to include the long version for those rare
students with a great deal of AT. Use this calculator to determine how much Academic Training time has been used and
how much eligibility remains. Entering a start date returns the exact end date for that student's authorization given the
remaining eligibility.
OPT STEM Calculator: This tool helps international student advisors determine the "validation report" deadlines for
students in F-1 status who have been granted a 17-month extension of their Optional Practical Training employment
authorization. This type of extension is available to students in the STEM fields (science, technology, engineering and
mathematics) under a rule promulgated on April 8, 2008. [8 CFR § 214.2 (f)(10)(ii)(C); 68 Federal Register 73 (April 8,
2008) pp. 18944-18956]
Days FROM: This calculator helps you figure out the date that falls a certain number of days after the date you enter
into the calculator. It can be useful for determining SEVIS reporting deadlines, employment authorization end dates
(when you don't have to factor in previous authorizations), and other useful dates.
Days PRIOR: Use this calculator to determine the date that is a certain number of days before (prior to) the date you
enter into the calculator. This is useful when trying to figure out, for example, what is the earliest date a student can
apply for OPT if they can only submit an application 90 days prior to meeting the one academic year minimum.
240 Days: Rules governing employment authorization and Form I-9 (Employment Eligibility Verification) allow an
employer to employ an individual for up to 240 days, in certain circumstances, if an extension application/petition has
been filed to extend the individual's current employment authorization [8 CFR § 274a.12(b)(20)]. This calculator allows
you to figure out the last day the individual can work under the 240 day rule given the start date you enter.
H, J, Other: This calculator is useful for determining the period to request when submitting an I-129 or to enter into
SEVIS in order to produce a DS-2019 when there is a specific limit to the period of time the individual may be
authorized for a given status. It can be used for any status -- or calculation of any type -- that includes a time
restriction. Since most restrictions are in terms of years, the calculator uses 365 days -- and multiples thereof -- as its
base calculation and expects you to enter years, rather than days, of eligibility. However, you can enter a six-month
restriction (for J-1 Short-term scholars, for example) by entering ".5" (half of one year).
H, J, Other (Long): This calculator functions exactly the same way as the regular "H, J, Other" calculator, but provides
more rows for entering periods of time to be re-couped.
Two-year Home Residence (212e) Calculator: Scholars and students who are subject to the two-year home
residence requirement under J-1 Exchange Visitor regulations sometimes attempt to argue that they have met the
requirement in the aggregate by spending time in their home country for several shorter periods of time over a number
of years. This tool helps to determine if the periods spent in the home country add up to two years or more. At the
discretion of the international student/scholar advisor, a printout of this calculator (with all of the dates filled in), might
be included in an application for a benefit such as change of status, or presented to a consular official to help make the
case that 212e has been satisfied.
Note that the calculator defines "two years" as 365 days times two. It is possible, though unlikely, that a USCIS or DOS
official could define it differently. For example, if you enter 8/25/2006 to 8/24/2008 in the calculator, the calculator tells
you that the individual was home for 730 days and, therefore "YES" the requirement has been met. A consular officer
might say that the individual needed to be home on or past 8/25/2008 to meet the requirement according to what the
officer considers the two-year mark to be. Again, this is unlikely, but it is important to point consider that "two years"
can be defined differently.
PERM Special Handling: This calculator allows you determine the latest date PERM must be filed if the case is being
filed under "Special Handling." It also helps you determine what the earliest date is that you can file PERM based on the
last day of the "posting notice" (i.e., the 10th day of the 10 day posting requirement). Finally, it is a place to record how
long the Prevailing Wage Determination is valid. The results can be printed to be kept with the case file, if needed. For
this reason, we have included a place to enter the beneficiary's name.
PERM Deadlines: This calculator assists with regular PERM cases (i.e., not Special Handling) and allows you
determine various key dates in the process. It is also a place to record how long the Prevailing Wage Determination is
valid. The results can be printed to keep with the case file, if needed. For this reason, we have included a place to enter
the beneficiary's name.
CSPA Age Calculator: With this tool, you can decide if an applicant for certain benefits may retain classification as a
“child” even if he or she has reached the age of 21, as permitted under the Child Status Protection Act (CSPA).
Most of the calculators in this tool were developed by James E. Leck, Associate Director of Boston University's International Students &
Scholars Office. The PERM calculators were developed by Tina Tan, Director of International Students & Scholar Services at the
University of Colorado at Boulder. Connie Burk of The University of Tennessee Health Science Center's Office of International Affairs
suggested the CSPA calculator. Should you have any suggestions or find any errors, please email James at jleck@bu.edu.
IMPORTANT NOTE: This tool does not imply legal advice or authority in any way. Use of the calculators in this tool is at your own
discretion and risk.
Practical Training Calculator
Enter Student's Name
1
Previous Periods of PART-TIME CPT Previous Periods of PART-TIME OPT
2
Total Days Used Total Days Used
Total Days Total Days
CPT Start CPT End Toward OPT OPT Start OPT End Toward 12 month
Used Used
Ineligibility limit
0 0
0 0
0 0
0 0
TOTAL PART-TIME DAYS USED 0 0 TOTAL PART-TIME DAYS USED 0 0
Previous Periods of FULL-TIME CPT Previous Periods of FULL-TIME OPT
0 0
0 0
0 0
0 0
TOTAL FULL-TIME DAYS USED 0 0 TOTAL FULL-TIME DAYS USED 0 0
Total days of OPT used
Total days used against OPT 0 toward 12 month limit 0
Does the CPT used Days Remaining of
prohibit OPT?
NO OPT Eligibility 365
Total days of OPT eligibility (12 months): 365
Total days used: 0 Enter proposed OPT start date:
Days of OPT eligibility remaining: 365 The student may work until:
1.
It is not actually necessary to list part-time CPT because no amount of part-time CPT counts against eligibility for OPT. The "Total Days Used
Toward OPT Eligibility" column will always show "0". This section is included in case you wish to list these periods of CPT to be printed for the
record.
2.
Rounded up
Developed by James E. Leck / Boston University / Rev. February 2008
Practical Training Calculator - Long Form3
Enter Student's Name
Previous Periods of PART-TIME CPT 1 Previous Periods of PART-TIME OPT
Total Days Used Total Days2 Used
Total Days Total Days
CPT Start CPT End Toward OPT OPT Start OPT End Toward 12 month
Used Used
Ineligibility limit
3/26/2009 3/24/2010 364 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
TOTAL PART-TIME DAYS USED 364 0 TOTAL PART-TIME DAYS USED 0 0
Previous Periods of FULL-TIME CPT Previous Periods of FULL-TIME OPT
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
TOTAL FULL-TIME DAYS USED 0 0 TOTAL FULL-TIME DAYS USED 0 0
Total days of OPT used
Total days used against OPT 0 toward 12 month limit 0
Does the CPT used Days Remaining of
prohibit OPT? NO OPT Eligibility 365
Total days of OPT eligibility (12 months): 365
Total days used: 0 Enter proposed OPT start date:
Days of OPT eligibility remaining: 365 The student may work until:
1.
It is not actually necessary to list part-time CPT because no amount of part-time CPT counts against eligibility for OPT. The "Total Days Used Toward
OPT Eligibility" column will always show "0". This section is included in case you wish to list these periods of CPT to be printed for the record.
2.
Rounded up
3.
This version is offered to use for those students who are granted numerous CPT and OPT authorizations. The calculations are all the same as the
short version; this version simply adds several more rows to enter authorizations.
Developed by James E. Leck / Boston University / Rev. February 2008
OPT STEM Reporting Dates
Enter name of student: Wang,Yu (U85578115)
OPT STEM Start Date OPT STEM End Date
Enter the current
OPT end date:
2/23/2010 2/24/2010 to 7/23/2011
Six-Month Reporting Period
1
Reporting period begins (first day DSO can record validation in SEVIS)
[15 days prior to 6-month reporting due date]
8/9/2010
6-MONTH REPORTING DUE DATE
[This date is exactly six months from the OPT start date] 8/24/2010
Last day for student to submit validation report to DSO
[10 days after 6-month reporting due date] 9/3/2010
Reporting period ends (last day DSO can record validation in SEVIS)
[31 days after 6-month reporting due date] 9/24/2010
SEVIS record will terminate (if validation report is not recorded)
[32 days after 6-month reporting due date] 9/25/2010
Twelve-Month Reporting Period
Reporting period begins1 (first day DSO can record validation in SEVIS)
[15 days prior to 12-month reporting due date]
2/9/2011
12-MONTH REPORTING DUE DATE
[This date is exactly 12 months from the OPT start date] 2/24/2011
Last day for student to submit validation report to DSO
[10 days after 12-month reporting due date] 3/6/2011
Reporting period ends (last day DSO can record validation in SEVIS)
[31 days after 12-month reporting due date] 3/27/2011
SEVIS record will terminate (if validation report is not recorded)
[32 days after 12-month reporting due date] 3/28/2011
1. OPT 6 Month Reporting
Schools will be required to report that an F-1 student with an Approved status OPT extension is participating in the
employment segment. The reporting due dates will be 6 months and 12 months after the employment start date. The
schools will have two reporting periods which will be 15 days before plus 31 days after each reporting due date.
If the school does not report that the student is participating in the OPT extension, or does not update the OPT
extension information within the reporting period, the student will automatically be set to Terminated status with a new
reason of “Failure to Report while on OPT” 32 days after the reporting due date.
SEVIS Release 6.0 Anticipated System Changes
January 22, 2009
Developed by James E. Leck / Boston University / February 2009
OPT Application Deadlines 1
Enter name
of student:
Requested OPT Date DSO
Program Start Date Program End Date Start Date recommeded OPT
5/17/2009 6/15/2009 1/5/2009
Is this student in a program that is one academic year
in length (and no longer)? No
If the student is in the first year of a program that is longer than one academic
year, on what date will the student have met the full academic year requirement? 5/17/2009
Pre-Completion OPT
120 days before start of OPT 2 (The application may reach the USCIS Service Center
on or after this date, if a date appears in the box.)
Is this student restricted to applying no earlier than 90 days before the program end
date or 90 days before meeting the full academic year requirement? 3
Yes
If yes, the application may not arrive at the USCIS Service Center
before this day (90 days before completing one academic year)
2/16/2009
The application must arrive at the USCIS Service Center no later than
(30 days after DSO recommendation)
2/4/2009
Post-Completion OPT
90 days before program end date
The application can reach the USCIS Service Center on or after this date
2/16/2009
Must reach the USCIS Service Center no later than
(30 days after DSO recommendation)
2/4/2009
End of 60-day grace period. Last day that Post-Completion OPT can begin, and
latest date the OPT application can be submitted to the USCIS Service Center.
(NOTE: Application must be submitted no later than 30 days after
7/16/2009
the DSO signs the recommendation. See line above)
1.
Regulatory deadlines are outlined in 8 § CFR 214.2(f)(10). SEVP guidance also suggests certain deadlines as noted. USCIS Service Centers
also set policy about the submission of apppliations. Therefore, DSO's must advise students in accordance with regulation, guidance and policy
and should use this calculator for convenience and to assist in advising only. The information in the calculator and the results its calculations
do not constitute legal advice.
2.
SEVP Policy Guidance 0801-01 states, " If the student has already completed a full academic year, he or she may apply up to 120 days in
advance of the requested employment start date."
3.
If the student was lawfully enrolled in a program of study a Service approved university, college or seminary prior to entering the current
program, the student may be eligible for OPT even if the current program is one academic year in length.
Developed by James E. Leck / Boston University / February 2009
Academic Training Calculator
Enter Student's Name:
Enter the total number of months for which the
student is eligible for AT (18 or 36):
Enter the proposed start date of the next AT authorization:
Academic Training Periods Previously Approved
Total In
AT Start AT End Months and Days1
Days Only
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTAL 0 0 0
Total months of eligibility (from above): 0
Total months used (rounded to nearest month): 0
Months remaining (rounded to nearest month):
Therefore, given the following proposed start date of:
…the student may work until2:
1.
Read: "Between AT Start and AT End is X months plus Y days. Example:
"This student worked from 9/1/2006 to 12/20/2006 and, therefore, used 3
months and 19 days of AT authorization"
2.
Calculated using Excel's "Month" function (within the Date functions) for
months of eligibility and months used, then converting to the number of days
in those actual months in order to determine the exact end date.
Academic Training Calculator - Long Form3
Enter Student's Name:
Enter the total number of months for which the
student is eligible for AT (18 or 36):
Enter the proposed start date of the next AT authorization:
Academic Training Periods Previously Approved
Total In
AT Start AT End Months and Days1
Days Only
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTAL 0 0 0
Total months of eligibility (from above): 0
Total months used (rounded to nearest month): 0
Months remaining (rounded to nearest month):
Therefore, given the following proposed start date of:
…the student may work until2:
End Date Calculator
Enter known date -- the date
you want to start from: 5/8/2010
21 Days from the above date is: 5/29/2010
30 Days from the above date is: 6/7/2010
60 Days from the above date is: 7/7/2010
90 Days from the above date is: 8/6/2010
120 Days from the above date is: 9/5/2010
180 Days from the above date is: 11/4/2010
240 Days from the above date is: 1/3/2011
Other: Enter # of days: 365 5/8/2011
Prior Date Calculator
Enter date: 9/2/2010
14 Days prior to the above date is: 8/19/2010
30 Days prior to the above date is: 8/3/2010
60 Days prior to the above date is: 7/4/2010
90 Days prior to the above date is: 6/4/2010
100 Days prior to the above date is: 5/25/2010
120 Days prior to the above date is: 5/5/2010
180 Days prior to the above date is: 3/6/2010
Other: Enter # of days:
Developed by James E. Leck / Boston University / January 2007
240 Day Rule 1
Enter expiration date of
current approval period, or 240 days from
start date of employment date entered is:
1.
8 CFR § 274a.12(b)(20)
H-1B, J-1 (and other) Eligibility Calculator
Enter Scholar's Name:
Enter the total number of years for which the employee was originally eligible for
authorization (e.g, 6 if H-1B, 5 if J Professor, .5 if J Short-term Scholar, etc):
Enter the proposed start date of the next period of employment authorization:
Periods of Previous Sponsorship or Employment Approval/Authorization
Total
Start Date End Date
Days Used
0
0
0
0
0
0
0
0
TOTAL 0
1
Time Recouped (Days Spent Outside U.S.), if Any
Total
Travel Notes Start Date End Date
Days Recouped
0
0
0
0
0
0
0
0
0
0
TOTAL 0
Total days of eligibility (365 x years entered above): 0
Total days used: 0
Total days recouped: 0
Total days of eligibility remaining: 0
Therefore, given the proposed start date of:
…the employee may work until:
If restricted to 3 year maximum; can only work until:
1.
USCIS Memo HQPRD 70/6.2.8, 70/6/2/12, AD 06-29, Michael Yates (December 5, 2006).
Developed by James E. Leck / Boston University / Rev. September 2010
H-1B, J-1 (and other) Eligibility Calculator 2
Enter Scholar's Name:
Enter the total number of years for which the employee was originally eligible for
authorization (e.g, 6 if H-1B, 5 if J Professor, .5 if J Short-term Scholar, etc):
Enter the proposed start date of the next period of employment authorization:
Periods of Previous Sponsorship or Employment Approval/Authorization
Total
Start Date End Date
Days Used
0
0
0
0
0
0
0
0
TOTAL 0
1
Time Recouped (Days Spent Outside U.S.), if Any
Total
Travel Notes Start Date End Date
Days Recouped
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL 0
Total days of eligibility (365 x years entered above): 0
Total days used: 0
Total days recouped: 0
Total days of eligibility remaining: 0
Therefore, given the proposed start date of:
…the employee may work until:
If restricted to 3 year maximum; can only work until:
1.
USCIS Memo HQPRD 70/6.2.8, 70/6/2/12, AD 06-29, Michael Yates (December 5, 2006).
2.
This version is offered to use for those scholars with multiple periods outside the U.S.. The calculations are all the same as the short
version; this version simply adds several more rows to dates outside the country.
Developed by James E. Leck / Boston University / Rev. September 2010
Two-year Home Residence (212e) Calculator
Enter Name Below:
Name of Exchange Visitor:
Periods spent in home country
Total
Start Date End Date
Days in Home Country
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL 0
Total days needed to satisfy 212e (365 days x 2): 730
Total days in home country: 0
Total days in home country equals approximately: 0.00 years, or 0 year(s) and 0 month(s)
Has the Exchange Visitor satisfied 212e?:* No
* NOTE: If an Exchange Visitor becomes subject to 212(e) for a second (or subsequent) time after re-entering the US in a new J
program, any time spent in the home country before the re-entry will not count toward satisfying the home residence requirement.
Developed by James E. Leck / Boston University / Rev. December 2008
Special Handling Deadline Tracking
Enter Name Below
PERM Being Filed on
Behalf of (employee name):
Job Offer Date:
18 month deadline1 based on Special Handling:
Last day (of the 10 day posting requirement2) that the
notice was posted:
30 days after posting:
(PERM cannot be filed before this date)
180 days after posting:
PERM must be filed no more than 180 days following the last
day of posting3, or prior to the 18 month deadline in Special
Handling cases, whichever is earlier. Therefore, in this case,
PERM must be filed before:
Date of Filing PERM:
Prevailing Wage Determination valid until:
Labor Certification approved on:
The I-140 must be filed no later than 180 days after the Labor
Certification was approved. 180 days from the approval
date (above) is:4
1. 2. 3.
20 CFR § 656.17(e)(1)(i) 20 CFR § 656.10(d) 20 CFR § 656.17(e)(1)(i) and 656.10(d)(3)(iv)
4.
72 Fed. Reg. 95 (May 17, 2007), pp 27903-27947 final rule amending 20 CFR § 656
Developed by Tina Tan, University of Colorado at Boulder
Adapted by James E. Leck, Boston University / Rev. May 2007
PERM Deadline Tracking for
Basic PERM processing
Enter Name Below
PERM Being Filed on
Behalf of (employee name):
1st Recruitment Start date
PERM must be filed within 180 days of 1st recruitment date:1
Last day (of the 10 day posting requirement2) that the notice
was posted:
Earliest PERM can be filed is 30 days after last day of notice
of posting coming down:
Date of Filing PERM:
30 days before PERM filing:
180 days before PERM filing
Notice of filing and mandatory recruitment steps must be
provided/conducted at least 30 days but not more than
180 days before the PERM filing.3
Prevailing Wage Determination valid until:
Labor Certification approved on:
The I-140 must be filed no later than 180 days after the Labor
Certification was approved. 180 days from the approval date
(above) is:4
1. 2. 3.
20 CFR § 656.17(e)(1)(i) 20 CFR § 656.10(d) 20 CFR § 656.17(e)(1)(i) and 656.10(d)(3)(iv)
4.
72 Fed. Reg. 95 (May 17, 2007), pp 27903-27947 final rule amending 20 CFR § 656
Developed by Tina Tan, University of Colorado at Boulder
Adapted by James E. Leck, Boston University / Rev. May 2007
Child Status Protection Act (CSPA) 1
Enter Name Below
Name of Child:
2
Worksheet for Calculating Age
1. Alien's Date of Birth:
2. Date Immigrant Petition Filed:
3. Date Immigrant Petition Approved:
4. Length of Time Immigrant Petition Pending (#3 minus#2):
5. Date Immigrant Petition Became Current
(i.e. Date Immigrant Visa Became Available)
6. Age of alien on date immigrant visa became available (#5 minus #1).
7. Age for CSPA Purposes: Age at time immigrant visa became available
minus length of time immigrant petition pending (#6 minus #4). If
this number is below 21, CSPA applies.
8. Receipt date of Form DS-230, Part I.
(If age for CSPA purposes (#7) is under 21 years AND the applicant
submitted Form DS-230 Part I either before or within one year of visa
availability, the applicant can receive a visa under CSPA.)
Does CSPA apply?
Who is eligible for the Child Status Protection Act (CSPA)?2
The CSPA may apply to any immigrant visa application in cases in which:
1. The immigrant petition was approved on or after 8/16/2002.
2. If the immigrant petition was approved before 8/6/2002:
• The alien aged out on or after 8/6/2002; or
• If the alien aged out before 8/6/2002, the alien was refused a visa under 221(g) between 8/6/2001 and 8/5/2002.
3. For immigrant visa preference (family or employment-based) applications, the calculated alien's age using the age
formula in the worksheet above is under 21.
4. For IR2 immigrant visa applications, age is determined using the age of the child on the date the immigrant petition
was filed.
In addition:
5. In immigrant visa preference cases, the alien must submit the completed DS-230 Part I within one year of a visa
number becoming available.*
6. If the principal applicant (PA) adjusted to Lawful Permanent Resident (LPR) status in the U.S., the PA must have
filed an I-824 for the child within one year of an immigrant visa number becoming available.
* "A Visa Number Becoming Available" means that a priority date is current for family and employment preference
cases of approved petitions.
1.
On August 6, 2002, the President signed into law the Child Status Protection Act (CSPA), Public Law 107-208, 116 Stat. 927, which amends the
Immigration and Nationality Act (Act) by permitting an applicant for certain benefits to retain classification as a “child” under the Act, even if he or
she has reached the age of 21.
2.
This worksheet, and the eligibility information above, were adapted from a worksheet found on the web site of the U.S. Embassy in Seoul, South
Korea (http://seoul.usembassy.gov/child_protection_act2.html).
Developed by James E. Leck / Boston University / Rev. September 2008
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