Transcript The International Student Job Search

International Student
Job Search
It is important for students to
understand the U.S. immigration
process when having
discussions with prospective
employers. Students can’t
assume that employers
understand immigration laws or
know what approvals are
necessary to prove employment
eligibility. Knowing what you
can and can’t do could be the
difference in whether or not you
get hired.
Most Common
Immigration Statuses that
Allow for Work
F-1 Student
H-1B Specialty Worker
J-1 Exchange Visitor
TN Trade NAFTA
O-1 Extraordinary Ability
F-1 Students
All F-1 students are eligible for 12
months of OPT employment for
each higher degree level they
obtain. In addition, students with
degrees in Science and
Technology, Engineering and
Mathematics can sometimes
receive an additional seventeen
(17) month extension (29 total
months of OPT), if employer uses
E-Verify system.
F-1 students with co-op or
internship requirements can also
gain work authorization through
Curricular Practical Training
(CPT).
Optional Practical Training
(OPT)
Optional Practical Training (OPT) must be
authorized by U.S. Citizenship and
Immigration Services (CIS) based on a
recommendation from the designated
school official (DSO) at the school which
issued the form I-20, a government
document which verifies the student’s
admission to that institution. The term
“optional” means that the student can use
all or part of their total practical training
allotment up to a maximum of 12 months.
OPT can be authorized by the CIS: (1)
during vacation when school is not in
session – full-time or part-time employment
is allowed; (2) for part-time work, a
maximum of 20 hours per week, while
school is in session; (3) after completing all
course requirements for the degree (fulltime or part-time); or (4) full-time after
completion of the course of study.
OPT (contd.)
Employment is authorized on an
Employment Authorization Document
(EAD). The student’s name, photo and
validity dates of employment are printed on
the EAD. Employers should note that the
average processing time for CIS to issue
the EAD is three months. Employers should
also be aware that the amount of time it
takes the CIS to approve the EAD is
beyond the control of the student or the
school. Delays of 90 days or more are
typical during the summer months. Optional
practical training employment must be
related to the student’s field of study. A
speech communication major, for example,
is not eligible to work as a computer
programmer on OPT.
STEM Degree Fields
Actuarial Science
Computer Science (except data
entry/microcomputer applications)
Engineering
Engineering Technologies
Biological and Biomedical Sciences
Mathematics and Statistics
Military Technologies
Physical Sciences
Science Technologies
Medical Scientist
EAD for OPT
While on OPT there are limits on how long
you can remain in the U.S. while
unemployed. For students on 12-month
OPT the maximum amount of time you can
remain unemployed is 90 days. Students
who qualify for and receive the 17-month
OPT extension can be unemployed for an
aggregate of 120 days. This particular part
of the rule puts responsibility on students to
keep UC International Services up to date
with name and address of your OPT
employer. Unless we have the SEVIS
system updated with the name and address
of your employer you will be accumulating
unemployment time in SEVIS. Once you
have reached the 90 or 120 day maximum
your F-1 status will be terminated.
H-1B CAP GAP RELIEF
F-1 students who are the beneficiaries of pending or
approved H-1B petitions, but whose period of
authorized F-1 stay expires before the H-1B
employment start date can extend their status AND
work authorization. This rule applies to all students
on OPT, not just STEM students. The extension of
duration of status and work authorization
automatically terminates upon the rejection, denial,
or revocation of the H-1B petition filed on the
student's behalf.
Students are REQUIRED to obtain a new I-20 form
from UC International Services showing an OPT
recommendation that covers this “cap-gap” period.
Students will need to provide UC International
Services with proof of H-1B receipt or approval in
order to obtain the new I-20 form.
H-1B Specialty Workers
H-1B specialty workers are international
visitors who have skills and experience of a
special nature that require at least a
bachelor’s degree or equivalent
combination of education and experience.
An applicant is not permitted to begin work
for an employer until an H-1B is approved
for the employer. There is an exception for
individuals who currently hold H-1B status
for another employer. H-1B employees
have a maximum stay of six (6) years in the
category no matter how many different
employers they have. Employment can be
granted for a maximum of three (3) year
increments. Extensions beyond the six
year limit are available if an employer has
initiated green card efforts prior to the end
of the fifth year of H-1B status.
How long is an H-1B valid?
The initial petition for an individual worker
can be approved for up to three years. The
validity of an H-1B petition is linked to the
particular employer, employee, job duties,
location and wage. If there are material
changes in the terms of employment or the
legal identity of the employer during the
petition period, the H-1B may be
considered automatically invalidated. If the
employee engages in work activities not
authorized on the petition, the employee is
in violation of U.S. laws and potentially
deportable. The employer may request an
extension for up to an additional three
years. However, most foreign workers are
subject to a six-year limit in H-1B status.
Any time spent working under a previous
employer’s H-1B petition will count toward
the six year limit in H-1B status.
How long is an H-1B valid? (contd.)
In some cases, it is possible to get
permission to exceed the six-year limit on
H-1B status. For example, if the green card
process is initiated before the end of the
employee’s fifth year of H-1B status,
extensions of H-1B status in one year
increments are available until the green
card application is decided. Those who are
the beneficiaries of an approved I-140 are
eligible for additional H-1B time in three
year increments if the priority date is not
current.
How long does it take to get an
H-1B petition approved?
Currently, a reasonable window of expectation
is about two to three months. Because each H1B petition revolves around facts related to the
individual candidate, as well as to the employer
and the position, there is some variation in the
preparation and processing time needed for H1B cases. By paying an extra $1,000
expedited processing fee to U.S. Citizenship
and Immigration Services, an employer can
anticipate H-1B petition processing within
fifteen (15) calendar days and can be filed no
earlier than 4 months prior to start date. If the
annual quota for new H-1B workers is reached,
processing could be delayed until October 1st,
when the next fiscal year begins. If the
candidate is outside the United States,
processing times can be increased by several
weeks or months while the U.S. government
completes security clearances and consular
visa processing.
What are the fees involved in filing
an H-1B case?
There are multiple fees involved in filing an
H-1B petition. The total amount to be paid
depends on whether the petition is a “new”
petition and whether the employer is an
institution of higher education or a nonprofit governmental or research
organization. There is a $320.00
application fee that is required of all H-1B
petitions (this will increase in November).
A $500.00 fraud prevention and
detection fee is required for and
employer’s “initial” petition. “Initial”
petitions include any application by an
employer for an employee who currently
does not hold H-1B status or for an
employee who currently holds H-1B status
for another employer.
What are the fees involved in
filing an H-1B case? (contd.)
For employers who are not an institution of
higher education or a non-profit
governmental or research organization, an
additional training fee is required. The fee
is $750 for employers with 25 or fewer fulltime equivalent employees and $1,500 for
employers with 26 or more full-time
equivalent employees. There is an optional
premium processing fee of $1,000 that can
be paid. The premium processing fee
guarantees an answer on the petition within
15 days of receipt at the USCIS. Finally, if
the employee already in the U.S. has
dependents who need H-4 dependent
status a fee of $300.00 is required for the I539 form.
Who usually pays the filing
fees?
Department of Labor regulations require
that the employer pay the H-1B filing fees
(application fee, training fee, fraud
prevention and detection fee). The optional
premium processing fee (paid to obtain
faster processing) may in some cases be
paid by the employee or a third-party.
Who usually pays the legal
expenses?
As with the filing fee, a Department of
Labor regulation generally requires the
employer to pay. The regulation states that
all costs in connection with preparation and
filing of the LCA and H-1B petition are
considered the employer’s business
expenses and must be paid by the
employer, and the employer cannot be
reimbursed by the employee.
Can I change employers?
Workers in H-1B status are only allowed to
work for a petitioning employer. There is
no restriction on changing employers, so
long as the new employer follows proper H1B petitioning procedures, an H-1B
employee can change employers.
Employers hiring workers already in H-1B
status under certain circumstances may be
allowed to commence the employment
upon filing their H-1B petition, rather than
waiting for approval.
Is there a quota limiting the
number of new H-1B workers?
The government’s fiscal year is from
October 1 to September 30. Sixty-five
thousand (65,000) H-1B petitions can be
approved during a fiscal year. Additionally,
twenty thousand (20,000) petitions can be
approved for individuals who have obtained
a Master’s degree or higher from a U.S.
institution.
Each foreign national (with the three
exceptions noted below), who is approved
for H-1B classification is counted in this
determination. However, approvals for
extensions of stay in H-1B classification,
sequential employment, concurrent
employment, and amended petitions are
not counted in this determination.
Numerical Limitation on H-1B
Non-immigrants (H-1B Cap) (contd.)
H-1B employees of higher education
institutions, nonprofit research
organizations and government research
organizations are not counted toward the
quota. However, if they change employers
to a nonexempt employer, they will be
counted toward the quota in the year they
changed employers. Furthermore,
individuals counted toward the quota in the
previous six years of H-1B status who have
been outside the United States for one full
year and are again seeking admission
pursuant to H-1B classification will be
counted toward the quota.
Who is actually subject to the
cap?
Not every H-1B applicant is subject to the
cap. Visas will still be available for
applicants filing for amendments,
extensions, and transfers unless they are
transferring from an exempt employer or
exempt position and were not counted
towards the cap previously. The cap also
does not apply to applicants filing H-1B
visas through institutions of higher
education, nonprofit research organizations,
and government research organizations.
Portability of H-1B Status
Individuals who were previously provided
H-1B status, who were lawfully admitted
and who have not been employed without
authorization in the United States, may
accept new employment upon the filing by
the prospective employer of an H-1B
petition with the CIS. If the petition is
denied, the authorization to continue the
employment ceases. The H-1B employee
should maintain employment with the
current H-1B employer until the new
employer’s I-129 petition requesting
portability is received by CIS.
Unpaid Benching
Employers are required to pay H-1B nonimmigrants as stated on the LCA, even if
the H-1B non-immigrant is not performing
work (i.e. benched) unless the nonimmigrant is not working for personal
reasons unrelated to the job such as caring
for an ill relative, maternity etc.
Attorney’s Fees
The regulations further provide that certain
H-1B non-immigrants cannot pay attorney
fees. Specifically, H-1B non-immigrants
cannot pay attorney fees if said fees (and
related costs), when deducted from the H1B non-immigrants salary, would make the
wage less than the higher of the actual or
prevailing wage for the position.
J-1 Exchange
Visitors
J-1 status holders are referred to as
exchange visitors. Institutions must be
designated as an exchange visitor program
in order to issue a DS-2019 for J-1 status.
J-1 exchange visitors are limited to work on
the premises of the institution that issued
the DS-2019. Under certain circumstances
some exchange visitors may be authorized
to do work, give lectures, or engage in
other activities off the premises of the
sponsor. Such employment must be
specifically authorized in writing by the
sponsor. J-1 exchange visitors can fall into
one of the following categories: Professor;
Research Scholar; Short-Term Scholar;
Specialist; Student (degree and nondegree); AuPair; Camp Counselor; Alien
Physician; Trainee; Government Visitors;
and Summer Work. Each category has its
own time limitations.
Two-Year Home Country Physical
Presence Requirement
The two-year home country physical
presence requirement is one of the most
important special characteristics of
exchange visitor status and should be
thoroughly understood by the employer.
An exchange visitor subject to the two year
requirement is not eligible to obtain
permanent residency, H temporary worker
or trainee, or L intra-company transferee
status in the United States until they have
resided and been physically present in their
country of nationality or last legal
permanent residence for a total of at least
two years following departure from the
United States. They are also not permitted
to change to another non-immigrant status
in the United States.
J-1 Academic Training
Practical training for J-1 students is
called “academic training.”
International students on J-1 visas
are eligible for up to 18 months of
academic training. Post-doctoral
students are permitted three years of
academic training. Some J-1
students are also allowed to work
part-time during the academic
program under academic training.
Academic training is granted in
writing by the RO or ARO at the
institution the student is attending.
Students should consult with the RO
or ARO at their institution.
TN Status for
Canadians
TN Trade NAFTA
Canadians/Mexicans admitted for
employment under the terms of the
North American Free Trade
Agreement (NAFTA). The type of
employment must be included on the
approved list of occupations and can
last up to three years in duration,
although the employment can be
renewed multiple times. This is a
good employment option for
Canadians when the H-1B cap is
reached.
Under NAFTA (North American Free Trade
Agreement) Canadian professionals may apply to
enter the U.S. under the TN visa classification.
Main procedural step:
Apply at the U.S./Canadian border
Initial duration of status:
Three year maximum
Total time-limit cap on category:
No time cap
Processing time:
Instant approval
Major advantage:
Quick
Major disadvantages:
Not all professions qualify
Requirements for TN Status:
•Proof of Canadian citizenship (Canadian Landed
Immigrants and non-Canadian citizens must apply
for H-1B status).
•Evidence that the intended U.S. employment and
the applicant quality under Schedule 2 of NAFTA (A
list of professionals who qualify under Chapter 15,
Schedule 2, of NAFTA is provided in the following
pages).
•Applicants must intend to engage in employment at
a professional level and the employment must be
prearranged by a U.S. company or institution.
•A letter from the U.S. employer detailing the nature
of the employment. TN status is granted for only one
employer at a time for a specific type of work. For
multiple employers, multiple TN applications must
be filed (if applying at the border).
•Form I-129 approved by the USCIS if applying to
the USCIS Service Center instead of the border.
•Self-employed professionals are precluded from
obtaining TN status.
Documents Necessary to
Prove Nature Employment:
•A letter from U.S. employer detailing
nature of employment in U.S.
•The employment must be temporary. A
letter from U.S. employer stating that
employment is temporary is needed. A
person on TN status can later apply for
permanent resident status based on the
same U.S. employment. However, at the
time of the TN application, the applicant
cannot intend to remain in the United
States permanently.
•There must be no strike or lockout at
proposed worksite. If there is, the DHS
may deny the entry or employment.
Documents Necessary to Prove
Applicant’s Qualifications:
•Originals or certified copies of school records,
diplomas, licenses, degrees, certificates or
membership in professional organizations, or
transcripts showing an appropriate degree
(bachelor’s degree or higher) from a recognized
university or college; a statement of U.S.
equivalency might be required.
•If a license is necessary in the U.S. state
where employment is located (i.e., C.P.A.,
lawyer, professional engineer, etc.), then the
applicant must provide proof of possession of a
license to be able to practice in the U.S. or an
explanation in the petitioner’s cover letter
regarding why the beneficiary does not need to
be licensed to perform services in the particular
state.
•DHS will approve an unlicensed applicant who
will be under the direct supervision of licensed
personnel. (This occurs only in professions
that customarily permit members to practice
under these conditions.)
LIST OF PROFESSIONS
QUALIFYING FOR TN STATUS
Profession
Accountant
C.M.A.
Architect
Computer
Programmer
Engineer
Research
Assistant
Minimum Educational
Requirement
Baccalaureate or Licenciatura
degree; or C.P.A., C.A., C.G.A., or
Baccalaureate or Licenciatura
degree;
Baccalaureate or Licenciatura
degree;
Baccalaureate or Licenciatura
degree; or state/provincial license
Baccalaureate or Licenciatura degree.
Biologist
Baccalaureate or Licenciatura degree
Chemist
Baccalaureate or Licenciatura degree
University Teacher Baccalaureate or Licenciatura degree.
Mathematician
Baccalaureate or Licenciatura degree.
O-1 Alien of Extraordinary Ability
An employment category for persons
of extraordinary ability. O-1 status is
an excellent option for persons
subject to the two year home
residency requirement who are not
eligible for H-1B specialty worker
Status. O-1 applicants
must demonstrate that they have
made outstanding contributions in
their field and they have risen to the
top of their field and enjoy sustained
national or international acclaim.
SPONSORSHIP
FOR PERMANENT
RESIDENCY
Below is an overview of the Labor
Certification process for teaching and
non-teaching professional positions.
For Teaching Positions:
•The job must include actual classroom teaching.
•The position must have been advertised in a
national professional journal/publication and this ad
must be a paper/print advertisement.
•The foreign national selected must have been
found to have been more qualified than any U.S.
workers who applied for the job. U.S. worker is
defined as a U.S. citizen, U.S. national, permanent
resident or temporary permanent resident, refugee
or asylee.
•The formal offer letter must have been issued within
18 months of the date on which the labor
certification application is submitted to the
Department of Labor.
•Copies of the CVs received from all applicants must
be retained.
•A Report of Recruitment must be prepared, printed
on letterhead and signed by the Department Head.
A sample report is provided with these instructions.
Below is an overview of the Labor
Certification process for teaching and
non-teaching professional positions.
For Non-Teaching Professional
Positions:
•In order to qualify for Labor Certification,
the U.S. Department of Labor requires the
employer to prove that no minimally
qualified U.S. workers are available to fill
the position at the time of filing. U.S.
worker is defined as a U.S. citizen, U.S.
national, permanent resident or temporary
permanent resident, refugee or asylee.
•Note: Individuals who meet all minimum
requirements, but indicate they have
accepted other employment or would not
accept the position for any reason, an
example being the offered salary or
benefits, are not considered to be an
“available U.S. worker.”
Below is an overview of the Labor
Certification process for teaching and
non-teaching professional positions.
•The position must be advertised in two
Sunday newspapers with the highest
subscription rate locally.
•Three additional recruitment steps must be
selected from the following ten options:
•Job fairs;
•Employer’s website;
•Job Search website other than employer’s;
• On-campus recruiting;
•Print ad with trade or professional
organization;
•Private employment firm;
•Employee referral program;
•Campus placement office;
•Local and ethnic newspapers;
•Radio and television advertisements.
International Student
Orientation to the
Career Development
Center
Welcome!
International Student
Orientation to the Career
Development Center
James Novak, M Ed
Associate Director
University of Cincinnati
Career Development Center
140 University Pavilion
513-556-0318 –
[email protected]
www.uc.edu/career
www.egr.csp.msu.edu
Objective:
– Understand/define the International
Students’ employment expectations
– Understand/define the employment
expectations U.S. Employers have of
International Students
– Offer job search strategies and
resources to International Students
which help them meet their
expectations and those of U.S.
Employers
Why did you choose to come to the United
States?
What is your expectation in finding
employment?
Who wants to find a job (Full-time and/or
internship in the United States?
Do you hope to stay here after graduation?
If so, how long?
Do you hope to go back to your home
country upon graduation?
Welcome to America! – U.S.
Academia loves you!
International students are
important to our campuses/country
educational benefits of a diverse
campus
contribute significantly to US
research & development
add considerably to US economy
enhance relationships/goodwill
worldwide
US is becoming less appealing with
international students
Not so fast, U.S.
Employers are
ambivalent!
Ambivalence =
Uncertainty caused by inability
to make a choice
The coexistence of positive
and negative feelings toward
the same person
U.S. Employers interest in
International Students
Recruiting Trends 2002-2003 *
– CERI – 376 Survey Respondents
– “One third expressed an interest in employing
an (international) student. However,
problems…often outweighed merits…
– Economy – Poor U.S. economy = U.S. first
policy
– Process – Justify 12 month hire, can not learn
the job in time
– Cost – Time limits, mean training costs not
recovered, expensive insurance
– Language – Ability to perform w/English only
The International
Student Job Search
Company Concerns for Hiring
International Students
– The difference in visas and
amount of time and paperwork it
takes to file then with the
Immigration and Naturalization
Services (INS)
– Most employers don’t know the
difference between a J-1 or F-1
or how they differ with the H-1B
Know the Law!
– Guidelines for Curricular
Practical Training? PostCurricular Training
– What is your visa status?
– What will it take to change it, if
you wish?
Know Yourself!
– What do you have to offer an
employer, that distinguishes you
from any U.S. Citizen with a
similar (Bachelor’s) degree?
Know Yourself!
– Interests
– Abilities
– Values
– Visit the Career Development Center
(www.uc.edu/career ) Room 140
University Pavilion
– Ask about DISCOVER and more
Know Yourself!
– Strengths
– Weaknesses
Know the Job Search Process!
– Identify career options
– Register with appropriate offices
• www.uc.edu/career - Recruit a ‘Cat
– Develop resume
– Learn to write cover letters
– Brush up on interviewing (Cultural
Differences)
– Know where to look (25% Electronic/75%
Networking
– Record keeping
– Follow-up
Why do employers come to any one
campus?
They have job openings.
The school offers talent from academic
programs they seek, generally nationally
ranked.
School offers Internship and/Cooperative
Education
Geographic proximity to businesses
The school’s and company’s shared research
interests
Influential Alumni referrals
Given the above, what companies are in UC’s “sphere of
influence”?
UC’s “Sphere of Influence” (SOURCES of
NETWORKS)
–
–
–
–
http://www.uc.edu/career
On-Campus Recruiting
Company Information Sessions
Engineering Tribunal Career Fair
http://www.tribunal.uc.edu/careerfair/
– Student Professional Associations (Events,
Company Tours)
Register with Recruit a ‘Cat
(www.uc.edu/career)
Collect position descriptions
Business Research Resources using
the UC Library
1)
2)
3)
4)
5)
6)
7)
8)
To get to the website:
Go to www.uc.edu.
Click on Current Students
Click on Libraries
Click on Subject Resources which is along the left-hand side
Click on Business
Click on Resources listed by Subject which is highlighted in red along the
top
Click on Companies (U.S)
Click on Company Databases
D&B Million Dollar Database
Factiva
Hoover’s Online
WETFEET in Recruit a ‘Cat – sponsored by Turner Construction
Job Search Strategies
Which Ones Are Employers Using?
Elements of a Strategic Job Search
Techniques and Strategies Used To Recruit College Graduates
(Recruiting Trends 2006-2007)
Strategy
Employers %
#
Company’s Employment Web Page
78
Employee References
78
Job/Career Fairs
College/Service Provider Web Site
65
Resume Referral
On-Campus Recruiting
62
Internship/Co-op
Ads, Professional Journals
55
Local Job Boards
Staffing Consultant
644
642
545
66
532
510
63
508
458
57
444
372
151
44
19
What do the strategies in RED have in common?
Job Search Strategies and
Resources for
International Students
Know How to Network!
(75% of Available Opportunities)
– Personal Relationships are what
makes the job search process come
together.
– Conduct Informational Interviews.
– Look for Expatriates - Tap into
Cultural Affinity.
– Tap into U.S. companies with
interests in your native land.
– Tap into home companies with
interests in the U.S.
Job Search Strategies and
Resources for
International Students
Sources for Developing Networks
–
–
–
–
–
Career Fairs
UC ALUMNI ASSOCIATION
PROFESSIONAL ASSOCIATIONS
CITIES IN NEED
UC STUDENT ETHNIC
ASSOCIATIONS
– Other colleges and universities
Social Networking
Facebook: http://www.facebook.com/UCAlumniAssociation
2,500 Fans
UC News Feed, share photos/video, events, discussions
LinkedIn: www.linkedin.com
4,800 Members
Sub-Groups: University of Cincinnati Alumni Association,
Business Promotion and Networking for UC Alumni, Regional
Alumni Groups
Twitter: http://twitter.com/UofCincyAlumni
CareerTools Plus:
http://alumni.uc.edu/careers_networking/careertools.html
Job Search Steps: Over 40 pages of instructions, tips and
tools to help find a better job faster
Develop Your Career: Stay on top of your profession and
manage your career
Your Own Business: Over 60 pages of information about
starting a business
ResumeMaker and Resume and Cover Letter examples
Search for Jobs: jobs databases and resume posting site
E-learning courses and podcasts
Research Resources – for company research, news and
information
Job Search Strategies and
Resources for
International Students
Know What is Available
Temporarily!!!
– Cooperative
– Internships?
– Temporary Employment
Agencies?
• Aerotek
• Kelly Scientific Services
Interviewing American
Style
Employer Expectations (Cultural
Values)
– Confidence and self-promotion
– Flexibility and change
– Goal oriented
– Competitive
– Self-sufficient
– Direct speech/Openness
– Efficiency/Time control
Interviewing American
Style
Contrasting Values
– Modesty and group orientation
– Honoring tradition and stability
– Focus on being, the past,
human relations
– Avoidance of criticism,
politeness, and eye contact
relative to status
– Personal relationships more
important than time or work