Employment Workshop - University of Texas at El Paso

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Transcript Employment Workshop - University of Texas at El Paso

Office of International Programs
Union East Rm. 203
www.sa.utep.edu/oip
[email protected]
(915)747-5664
Off-Campus Employment
F-1 / F-3 students may work off campus
in one of 3 ways:
1)
2)
3)
Curricular Practical Training
Economic Hardship
Optional Practical Training
What is Optional Practical Training (OPT)?
 OPT is “temporary employment for practical training
directly related to the student’s major area of study.”
 Employment is authorized for up to 12 months after
studies are completed (*longer if eligible for 17-month
extension)
What is Optional Practical Training
(OPT)?
 12 months of OPT is available for each degree level
completed, provided you move from lower to higher
degrees
 Current policy: students in certificate programs may
also apply for OPT
Am I Eligible for OPT?
 Have valid F-1 / F-3 student status at the time of
application
 Be a current UTEP student
 Have been enrolled full time or equivalent for one
academic year at the time you would begin OPT.
 What is considered full-time?

Full-Time / Equivalencies
 Undergraduates: 12 hours / term
 Graduates (Master’s / Doctoral): 9 hours / term OR
thesis OR dissertation
 ATCP, Certificate programs: 9 hours
 Part-time Border Commuters (Mexicans only): 1
academic course per term, renew I-20s on time
 Last term: reduced course load permission
OPT Eligibility
 Must be enrolled in at least one course in last term
 Must have less than 12 months of previous full-time
Curricular Practical Training (CPT) for current level of
study.
 Will complete all coursework by the end of the current
term
OPT Basics
 Allows employment on a full-time basis
 Also, you must work at least 20 hours / week to maintain




your status
You may work an unlimited number of hours
You can use your OPT anywhere in the U.S.—Do not use
it in Mexico
Note: F-3 students are restricted to living in Mexico &
commuting to the US on OPT
Unpaid employment (volunteering) is permitted where
it does not violate labor laws
Things to Think About
 Unlike CPT, you do not need to have a job offer before
applying for OPT
 OPT can begin up to 2 months after the program end
date.
 If you have a job offer already, this will help you choose
your start date
 If you have no offer, or need a little extra time for thesis
or dissertation, choose a later start date
Things to Think About
 Applying for OPT may result in a change to your I-20
expiration date (officially called your “program end
date”)
 New date will reflect graduating term (write this down!):
 Summer 2013 graduates: Aug 6, 2013
 Fall 2013 graduates: Dec 13, 2013
 Exceptions: completing thesis / dissertation in the
middle of a term (can use earlier date)
Things to Think About
 You are NOT authorized to work between your
program end date and the start of OPT
 It is recommended to apply for OPT BEFORE you
complete your program
 You may apply up to 90 days before completion
 You may also apply up to 60 days after program
completion (but you may not be given a full 12 months
of OPT)
Choices for OPT Start Dates
 Summer 2013 graduates: Aug 7, 2013 – Oct 5, 2013
 Fall 2013 graduates: Dec 14, 2013 – Feb 11, 2014
 These dates are dictated by the regulatory requirement
that OPT must end no more than 14 months after
degree completion.
Earliest Date to Apply
 Summer 2013 graduates: May 8, 2013
 Fall 2013 graduates: Sept 14, 2013
(These are the earliest dates you may mail your
applications to US CIS; can submit paperwork to OIP
1-2 weeks prior to these dates)
While on OPT
 You can only have a maximum of 90 cumulative
days of unemployment (throughout the entire
year)
 You should be actively looking for a job!
 Report all employment / unemployment to OIP
within 10 days of a change & every 6 months
 Don’t forget that volunteer work can count to
maintain your immigration status
OPT Timeline –Spring Graduates
Feb 16: earliest you can mail app
to US CIS (90 days before)
Last
Semester of
Program
Program end date 5/17/2013
Jul 16 : deadline for Spring
‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation
US CIS processing
Jan
Feb
Feb 1, 2013:
Student
turns
in app to
OIP ;
chooses Jun
15 start date
Mar
Feb 8:
Packet
ready to
mail
Apr
May
Feb 16: student applies
at earliest date;
mails packet
Average 2 months
processing time –
receive card
Jun
Jul
Aug
Possible OPT start
dates:
5/18/2013 –
7/16/2013
3 months
processing time
- receive card
June 15, 2013: Start
working when you
have the card in
your possession
OPT Timeline – Spring Graduates
If you apply late
Last
Semester of
Program
Feb 16: earliest you can mail app
to US CIS (90 days before)
Program end date 5/17/2013
July 16: deadline for
Spring ‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation-may not work yet!
US CIS processing
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Possible OPT start
dates:
June 1, 2013:
Student
turns
in app to
OIP ;
chooses July
10 start date
5/18/2013 -7/16/2013
Jun 8:
Packet
ready to
mail
Average 2 months
(Aug) processing time
– receive card
3 months (Sept)
processing time
- receive card
OPT Timeline –Summer Graduates
May 8: earliest you can mail app
to US CIS (90 days before)
Last
Semester of
Program
Program end date 8/6/2013
Oct 5: deadline for
Summer ‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation
US CIS processing
Apr
May
May 1, 2013:
Student
turns
in app to
OIP ;
chooses
Sept 15 start
date
May 8:
Packet
ready to
mail
Jun
Jul
Aug
May 8: student applies
at earliest date;
mails packet
Sept
Oct
Possible OPT start
dates:
8/7/2013 –
10/5/2013
Average 2 months
processing time –
receive card
Nov
3 months
processing time
- receive card
Sept 15, 2013: Start
working when you
have the card in
your possession
OPT Timeline – Summer Graduates
If you apply late
Last
Semester of
Program
May 8: earliest you can mail app
to US CIS (90 days before)
Program end date 8/6/2013
Oct 5: deadline for
Summer ‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation-may not work yet!
US CIS processing
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Possible OPT start
dates:
Sept 1, 2013:
Student
turns
in app to
OIP ;
chooses Oct
5 start date
8/7/2013 - 10/5/2013
Sept 8:
Packet
ready to
mail
Average 2 months
(Nov) processing time
– receive card
3 months (Dec)
processing time
- receive card
OPT Timeline – Fall Graduates
Last
Semester of
Program
Sept 14, 2013: earliest you can mail app
to US CIS (90 days before)
Program end date 12/13/2013
Feb 11, 2014 : deadline for
Fall ‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation
US CIS processing
Aug
Sept
Sept 1, 2013:
Student
turns
in app to
OIP ;
chooses Jan
15, 2014 start
date
Sept 8:
Packet
ready to
mail
Oct
Nov
Dec
Sept 14: student applies
at earliest date;
mails packet
Average 2 months
processing time –
receive card
Jan
Feb
Mar
Possible OPT start
dates:
12/14/13 –
02/11/2014
3 months
processing time
- receive card
Jan 15, 2014: Start
working when you
have the card in
your possession
OPT Timeline – Fall Graduates
If you apply late
Last
Semester of
Program
Sept 14, 2013: earliest you can mail app
to US CIS (90 days before)
Program end date 12/13/2013
Feb 11, 2014 : deadline for
Fall ‘13 grads to have
application at US CIS;
latest date to start
OPT clock
Graduation-may not work yet!
US CIS processing
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
Possible OPT start
dates:
Jan 10, 2014:
Student
turns
in app to
OIP ;
chooses Feb
11, 2014 start
date
12/14/2013 –
02/11/2014
Jan 18:
Packet
ready to
mail
Average 2 months
(Mar) processing time
– receive card
3 months
(April)
processing time
- receive card
How to Apply
 Apply for graduation (must be in Goldmine)
 Complete the OPT request form:
 Start / end dates
 Turn in application to OIP
Meanwhile, you should:
 Complete Form I-765
(http://sa.utep.edu/oip/files/2013/06/4476_001.pdf)
 Complete Form G-1145
(http://sa.utep.edu/oip/files/2013/06/g-1145.pdf)
 Instructions to follow!



NEVER FILLED OUT I-765, MARK HERE
START
HERE
SHOULD MATCH PASSPORT
ALREADY HAD OPT,
MARK HERE
CONT. #11
CONT. #11
YOUR VALID U.S. MAILING ADDRESS
DATE ON I-94
LAST CITY WHERE YOU ENTERED THE U.S.
STUDENT
STUDENT
MONTH/DAY/YEAR
C
3
B
If you do not have a SSN, leave section blank
N/A – Only for
OPT Extensions
USE I-94 #
Refers only to form, not to CPT or On-Campus Employment
YOUR SIGNATURE
N/A
YOUR PHONE NUMBER
DATE
YOUR LAST NAME
YOUR FIRST NAME
Your e-mail address (UTEP or other)
YOUR MIDDLE NAME
YOUR U.S. CELL PHONE NUMBER
How to Apply
 5 business days later, you will receive an e-mail from an
advisor at OIP advising you whether or not you are
eligible for OPT
 If you are, prepare the following:
 Check or money order for $380 payable to “Department
of Homeland Security”
 2 U.S. sized passport photos (2” x 2”); write your name
and I-94# on the back
How to Apply, cont’d…
 Return to OIP to review & sign your new I-20 and pick
up the mailing instructions for your OPT packet
 Then, you will:
 Make copies of new I-20, I-94 front & back, visa &
passport (bio page only)
 Attach original signed I-765, G-1145, photos & your
payment of $380
How to Apply, cont’d…
 Mail your application to US CIS, using a traceable
method
 If using US Postal service, use certified mail with return
receipt
 Courier mail carriers (DHL, FedEx, etc.)
Sample of I-20 with OPT
Recommendation
OPT Deadlines
 Your OPT application must be received at the US CIS
processing center NO LATER THAN:
 Oct 5, 2013 – Summer 2013 graduates
 Feb 11, 2014 – Fall 2013 graduates
 What does this mean?....
VERY IMPORTANT!
1. You must apply to the Office of International Programs
FIRST before you can mail your OPT application to US
CIS
2. You must allow AT LEAST one week for OIP to process
your new I-20...PLUS, time for your OPT application
to get from El Paso to Dallas, TX
VERY IMPORTANT!
OPT Application Deadlines at
OIP:
Sept 20, 2013 - OIP deadline for summer 2013
graduates
Jan 28, 2014 – OIP deadline for fall 2013 graduates
US CIS Processing
 Application received at lockbox facility; application is
reviewed; checked for all documentation
 If something was not right with the application, a
letter & your application will be returned within one
week
 It is VERY IMPORTANT that your documents are
received by US CIS within 30 days of the date
printed on the I-20; if you will be unable to do so,
please see an advisor at OIP for further assistance
US CIS Processing
 If G-1145 was filed, student is notified
 Application forwarded to Texas Service Center
 Student will receive a “Notice of Action” in two to four
weeks
US CIS Processing
 Application assigned to an officer for review and




decision
If approved, work permit is created (called
Employment Authorization Document, or “EAD” card)
Card mailed to I-765 address
Average processing time is currently approx. 2 months
DO NOT begin to work until you have the card, on the
start date (the date may have changed from the one
you requested).
While Pending OPT Approval
 It is okay to travel within the U.S.
 VERY IMPORTANT: Are you not graduating as
expected? Please see an advisor at OIP.
 After the last day of finals in your graduating semester,
it is NOT okay to work, not even on campus
Once OPT is Approved
 OPT card arrives to address on I-765
OPT Notification Form or print
it from our website (www.sa.utep.edu/oip)
 Contact OIP for the
 This form must be submitted to OIP in compliance
with federal regulations; for reporting
employment
OPT Card (EAD)
OPT EAD Card
 Official names: Employment Authorization
Document, EAD, Form I-766
 Notation on OPT card – “not valid for reentry”
 Is on every OPT card issued; means card by itself is not
sufficient to reenter US; must have valid passport, visa &
I-20 to enter
 May reenter with card provided student has a job in
the US
 http://www.ice.gov/sevis/travel/faq_f2.htm
After OPT is Approved
 Ask yourself: “Have I finished my degree?”
 If YES, then proceed to use your OPT to
the full extent 
 If NO, then follow the instructions on the
next slide…
Haven’t finished your degree?
See an advisor at OIP as
soon as possible for
detailed instructions
Unemployment During OPT
 If you have reached 90 days of unemployment:
 You may not use your OPT permit to accept any offers of
employment. The card is no longer valid.
 Your choices may include:




Beginning another academic program which starts
within 5 months (must have I-20 by 90th day)
Applying to change your visa status
Returning to your home country immediately
You do not have a 60 day grace period
How to Calculate OPT Unemployment
Example 1
http://www.timeanddate.com/date/duration.html
Last day of
OPT on EAD
Jan 14, 2015
Unemployed from Jan 15
to Apr 15
Jan
Feb
Jan 15, 2014:
Start date on
EAD card & no
job
(unemployed)
Mar
Apr
May
Jun
Jul
Apr 15 last (90th day) of
permitted unemployment
Aug
Sept
Oct
Nov
Dec
Jan
How to Calculate OPT Unemployment
Example 2
http://www.timeanddate.com/date/duration.html
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Last day of
OPT on EAD
Jan 14, 2015
Nov
Dec
How many days of unemployment are still available?
Jan 15, 2014:
Start date on
EAD card
and first day
of Job A
May 15:
End of Job A
Answer: 90 Days
Jan
How to Calculate OPT Unemployment
Example 3
http://www.timeanddate.com/date/duration.html
Unemployed July 31st
to Aug 14th
Unemployed Mar 31
to May 1st
Jan
Feb
Jan 15, 2014:
Start date on
EAD card
and first day
of Job A
Mar
Apr
May Jun
90 – 32=
58 days
of unemployment
Mar 30:
End of Job A
Jul
Sept
Aug
58– 15=
43 days
of unemployment
May 2nd:
Jul 30th:
Start of Job End of Job
B
B
Last day of
OPT on EAD
Jan 14, 2015
Unemployed Oct 1st
to Nov 12th
Oct
Nov
Dec Jan
43– 43=
0 more days
of unemployment
Aug 15:
Sept 30th
Start of Job End of Job
C
C
Nov 12th Last
(90th day of
Permitted
unemployment)
Exit / Reentry to the U.S. on OPT
 Check your visa!!! :
 If you are going to Canada, Mexico or the Caribbean
islands, you can re-enter the U.S. with an expired F-1 / F3 visa as long as your trip is 30 days or less (automatic
visa revalidation)

Exception: students from Iran, Syria, Sudan, North Korea or
Cuba
 If you are going to another country, you MUST have an
unexpired F-1 / F-3 visa to re-enter the U.S.
Exit / Reentry to the U.S. on OPT
 When reentering the U.S.:
 You are still a student!!! If asked by an immigration
official, remember that you are on practical training, and
not “going to work.”
 The law requires proof that you are returning for
purposes of practical training; therefore, you will need a
job offer letter, copies of pay stubs, etc.
 It is not recommended to exit the U.S. after you have
obtained your OPT card without such proof
While on OPT
 You can work as much as you like
 You can work at multiple jobs, but each job must be
related to the degree you just completed at UTEP
 You can change jobs / companies
While on OPT
 If you are Mexican, it is fine to live in Mexico and cross
for work in the U.S.
 If you have an F-3 visa OR applied for OPT with a part-
time Border Commuter I-20, you must reside in
Mexico during your OPT
 Remember, you may only work in jobs related to the
degree you just received
While on OPT
 Some graduate students wish to use the first part of
their OPT to finish out their last month of a TA / RA
appointment
 i.e. Fall graduate:


program end date 12/13/2013, TA appointment is through
12/31/2013
if OPT approved by 12/14/2013 with start date of 12/14/2013,
student may work from 12/14/2013 to 12/31/2013 as RA / TA
 This is okay as long as RA/TA is major-related
May I Use My OPT at UTEP?
 Yes, you may use your OPT to work at UTEP as long as
the employment is directly related to your degree and
you meet HR employment policies for employment
 You need to be hired into a regular staff / faculty
position at UTEP OR be a volunteer
Special Considerations
 Duration of status: “grace period” is 60 days after
program end date AND end of OPT
 Beginning an academic program at another level
automatically cancels any remaining OPT
 Mexican students: do not use the OPT solely to live in
the US; you must be working in US as well
OPT Reporting Requirements
 Students on OPT must now REPORT their employer /
employer address to OIP
 Every 6 months, must confirm their employment with
OIP
 Must continue to report changes in residential address
within 10 days of the change
OPT Extension
 Must have a STEM degree to qualify
 ONE-TIME extension of 17 months
 OPT extension allows more chances to apply for H-1b
 Allows U.S. employers to continue to hire skilled
workers in fields with a shortage / in demand (science,
technology, engineering & mathematics)
 Certificate programs = not eligible
OPT Extension
 Must be on 1st 12 months of OPT to apply
 May apply up to 120 days prior to expiration of current
OPT
 Must reapply for OPT through OIP and pay the fee a
second time ($380)
 Employer must be enrolled in E-Verify program
(www.uscis.gov/E-Verify)
 Employer must report if student leaves job
OPT Extension
 Student must report employment to OIP
 Student must apply for the extension prior to the
EXPIRATION DATE of the OPT EAD card
 Student allowed to keep working up to 180 days with
old EAD until extension application is approved
 If extension is denied, then employment stops & 60day grace period begins
OPT Extension
 If you are out of town:
 Contact OIP, request OPT extension application &
instructions e-mailed to you
 Submit application to OIP via scan / e-mail
 Wait 5 business days
 OIP advisor will e-mail you scans of your new I-20, for
your review
 Once you confirm documents are correct, OIP advisor
will mail the documents to you OR you can send a friend
/ signed letter to pick up for you
Transitioning to Employment Visas
 NAFTA / TN visa (“Trade National” visa):
 For Mexicans & Canadians
 Must have job offer to apply
 *Select occupations*
 Currently granted for 1 year, renewable
 Non-immigrant visa
 For info and job list, see www.travel.state.gov
The Office of International Programs is not able to provide formal advising in regards to
work visas. This information is to provide a general orientation to work options in
the U.S.
Transitioning to Employment Visas
H-1b visa:
 Employer sponsors student & pays fees
 Filing period: starts April 1st of each year (private);




anytime of year for public institutions
Status / approval date begins Oct 1st for private
companies, on approval date for public institutions
Must show student has skills that are hard to find
among U.S. workforce
Granted for 3 years, renewable another 3
Cap (private sector employment only): 65,000 per year;
addt’l 20,000 adv. degrees
H-1b Cap Gap Relief
 What is it? A way to bridge gap between end of OPT &
start of H-1b status on Oct 1
 Only for students who are petitioned for H-1b for
private sector employers
 Due to timing issues, only relevant for spring and
summer graduates OR fall graduates applying for H-1b
during OPT extension period
H-1b “Cap-Gap” Relief
 Students whose employers file the H-1b petition &
request change of status on April 1st and have an
RECEIPTED petition:
 Have maintained F-1 / F-3 status
 Can keep working between end of OPT and Oct 1st
 Should request an updated I-20 from OIP
 This applies to any major
 If H-1b petition denied, then student must stop
working once OPT ends & 60-day grace period begins
Important Question:
What documents do you submit to OIP
to apply for the OPT recommendation?
Answer:
Only the OPT application form, nothing
else!!!
Your Turn
Questions??????
For further information:
Ph (915) 747-5664
Union East building, 2nd floor
www.sa.utep.edu/oip
[email protected]
Revised 7/24/2013