Transcript EMPLOYMENT AUTHORIZATION for Students on Visas

EMPLOYMENT AUTHORIZATION
for Students on Visas
1) J-1 students – working after academic
program at W&L
2) F-1 students – summer employment
3) F-1 students – post graduation
J-1 Students – Academic Training
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May work in area of study up to one year
Work can be on or off campus
Can be paid or unpaid
Job specific
Need letter from institution you will be
working for outlining responsibilities, begin
and end dates, remuneration (if any),
supervisor name and contact information
(see pink form)
F-1 Students – Summer Employment
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Work on campus
Work outside of the US
Curricular Practical Training
Optional Practical Training
Definition of Employment
Paid vs Unpaid Internships
Definition of Employment
• “If the international student will provide the employer
with beneficial service, even if unpaid, then proper
work authorization may be required.”
• Exception: Education or training programs designed to
provide students with professional experience in the
furtherance of their education and academically
oriented for their benefit, i.e. 3rd year law internships,
Washington Term
• If the organization only takes on volunteers, such as
Red Cross or another civic organization, then it is
considered volunteer work and not employment.
Working vs. Volunteering
Volunteering is:
*Services performed for civic, charitable or
humanitarian purposes and
*No expectation of compensation now or later
*No other person is doing similar job for
compensation
*Volunteer time insubstantial
Paid vs Unpaid Internships
Unpaid internships allowed by USDOL:
*For benefit of intern and
*Training as in educational environment
*Does not displace regular employee
*No entitlement of employment afterwards
*Employer derives no immediate advantage
Curricular Practical Training
• Paid or unpaid
• Integral part of academic program, credit bearing,
faculty supervisor; few opportunities at W&L
• Before graduation only
• Must be in the area of your major
• Job specific
• Need letter from institution you will be working
for outlining responsibilities, begin and end
dates, remuneration (if any), supervisor name
and contact information (see pink form)
F-1 Students – Working after
Graduation
• Cannot work on campus without employment
authorization - OPT
• Work outside of the US
• Optional Practical Training – Post Completion
• Sponsorship for H1-B visa
• Post-completion OPT responsibilities doc
Optional Practical Training
• Not job specific, but job(s) must be in your
area of study
• 12 month allowance for every academic level
• STEM students may be eligible for up to 29 mo
• Specific start and end dates
• Costs $380 and a lot of paperwork
• May take up to 3 months to process
application
• Cannot accumulate more than 90 days of
unemployment while on OPT (post only)
OPT Application Checklist
• Two photos per specifications
• $380 check/money order to US Department of
Homeland Security
• Completed I-765 (application form)
• New I-20 with authorization (see form)
• Copy of ALL old I-20s
• Copy of front and back of I-94
• Copy of passport and visa
Pay Special Attention To:
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Photo specifications
Spelling/write clearly
Use CIE as your address, not your own
Different codes depending on whether you are
doing pre- or post-completion OPT
• A# is I-94 number
• STEM applicants can apply only for first 12
months initially
Then What?
• Applications to due CIE at end of January for
law students and end of February for ugrads
• CIE will send applications by registered mail to
USCIS in Texas. Receipt Notice/approval to
come through CIE office.
• Processing time takes anywhere between 6
weeks and 3 months
• Cannot start OPT until you receive card and
begin date on card
H1-B Sponsorship
• Logical progression after Optional Practical
Training has ended
• Annual allotment of H1-Bs by US Government
• Company will sponsor you
• Cost to company can be up to $5000
• Require a verification of completion of degree
program for H1-B application
• H1-B good for 3 years
Spring Option and Graduating
Students
• Spring Option is not available to international
students who are not graduating
• Graduating students who chose Spring Option
will receive a new I-20, shortening their
program to the end of winter term.
• OPT would need to start within 60 days of this
shortened date
• Cannot live on campus, but may return for
graduation