Transcript Slide 1

F-1 and J-1 Work
Authorization
Duke Visa Services (DVS)
Smith Warehouse
114 S. Buchanan Blvd
Bay 7: 1st Floor
J-1 Academic Training
(AT)
What is Academic Training?
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Academic Training permits certain types of
study-related employment for J students.
Flexible full and part-time employment
options are available.
Employment must be directly related to
student’s major field of study.
What are the Requirements?
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Request for J-1 Academic Training Form
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Letter from employer that includes:
– Exact start and end dates
– Physical worksite address
– Name of supervisor and contact
information
– Salary
– Job Title
– Brief description of the goals and
objectives of employment
Obtaining Approval for
Academic Training
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Student should make appointment with
International Student Advisor in DVS after
obtaining employment letter and Academic
Advisor approval.
International Student Advisor will review
request, and if approved, a letter of approval
authorizing the employment will be issued,
with a new DS-2019, and an extension of
program if needed.
Academic Training summary
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Must apply before end of the J-1 student’s
academic program (cannot apply during 30
day grace period).
Must maintain health insurance.
Approval cannot exceed the length of time
student is approved for J-1 study or 18
months, whichever is shorter.
Additional time may be available to Ph.D.
students beyond 18 months.
F-1 Curricular Practical Training
(CPT)
What is Curricular
Practical Training?
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Work Authorization benefit for F-1
Students
Employment related to or required for
Academic Program of Study
What are the Requirements?
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Must have maintained F-1 status and have been
studying full-time for at least one academic year
Employment must be part of academic program:
– Required part of student’s curriculum (Student
must provide appropriate documentation from
course catalogue)
OR
– Must be taken for credit if not a required part of
curriculum (Student must provide evidence of
enrollment in the course)
Application Process
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Complete Application for Curricular Practical Training
(Law, Fuqua and MEM students must obtain a special
form prepared by their schools, in lieu of Section III)
Job offer letter from employer that states:
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Exact start and end dates
Physical worksite address(es)
Name of supervisor and contact information
Salary
Job title
Job description
Schedule appointment with designated International
Student Advisor in DVS
Obtaining Curricular Practical
Training Approval
Please bring to the SCHEDULED
appointment:
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2.
3.
Completed Application
Job offer letter
Passport, all Form I-20(s), and I-94
*If all is in order, you will receive a new Form I-20 with CPT
approval at the appointment.
Curricular Practical
Training summary
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No cost to apply
Apply at least 2 weeks prior to start date
Cannot work until CPT has been approved
CPT can be issued for part-time or full-time
employment
12 months of full-time CPT eliminates OPT
benefits entirely
F-1 Optional Practical Training
(OPT)
What is Optional Practical
Training?
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12-month work authorization per each higher
educational level
Benefit of F-1 status
Related to major area of study
Pre-completion OPT - before graduation (may be
part-time or full-time)
Post-completion OPT - after graduation (must be
employed at least 20 hours per week)
17-month STEM extension - additional OPT for
STEM majors (Science, Technology, Engineering
and Mathematics)
What are the Requirements?
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Must have maintained F-1 status and have
been studying full-time for at least one
academic year
Employment must be related to field of
study
Must not have used 12 months or more of
full-time Curricular Practical Training (CPT)
at the same educational level
Do not need a job offer to apply
Types of Employment allowed using
Post-Completion Optional Practical
Training
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Paid Employment: Must be able to provide
evidence showing employment of at least 20
hours per week
Multiple Employers
Short-term multiple employers (performing
artists)
Work for hire: Student performs a service
based on contractual relationship
Types of Employment allowed using
Post-Completion Optional Practical
Training (continued)
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Self-Employed business owner: Student
must have appropriate business licenses
and engage in employment related to
degree
Employment through an agency
Unpaid Employment: May work as
volunteers or unpaid interns, where this
does not violate any labor laws.
Is Employment related to
Degree?
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Students should maintain evidence for each
job or the position held, proof of the duration
of the position, job title, contact information
for supervisor and a description of the
employment.
Request a signed letter from the supervisor
confirming the job is related to the degree if
it is not clear in the job description.
What is the Application Process?
Read the Duke Visa
Services (DVS) website
http://
www.visaservices.duke.edu
/TravelF1OptChecklist.html
Complete I-765,
OPT application, and
gather accompanying
materials
If traveling, obtain a
travel signature
every 6 months from
DVS.
Schedule OPT
appointment with
your Int’l Student
Advisor
If traveling, submit job offer
letter and New I-20 Request
Form to DVS to obtain a new
I-20 reflecting “OPT approved”.
F-1 OPT Process
Issue new
I-20 to
reflect “OPT
Requested”
on page 3
Begin working on or
after EAD start date
Report employer information to
DVS at http://
www.visaservices.duke.edu/
F1.htmlAddressUpdate.html
Update changes in residential
and employer address within
10 days.
Int’l Student
Advisor mails
OPT
application to
USCIS
Student
notified by
Int’l
Student
Advisor
email to
pick up
EAD
KEY
= Student
Responsibility
=Int’l Advisor
Responsibility
DVS receives EAD
2-3 months after
submission
DVS receives
Receipt Notice
within 1 month
= Dept. of
Homeland Security
Responsibility
How to apply for Optional
Practical Training
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Form I-765
Optional Practical Training Application
Recommendation letter from academic advisor
$380.00 check or money order made payable to “U.S. Department of
Homeland Security” (check must have pre-printed name, cannot be
starter check)
2 passport size photos (must meet USCIS specifications)
All I-20s
Passport
Visa stamp
I-94 card
Previous EAD (if applicable)
Copy of student’s degree reflecting the conferred degree and major
field of study (STEM extension only)
When Should the
Application be Submitted?
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Pre-completion:
– up to 90 days before being enrolled for one full academic
year, provided that employment doesn’t start prior to
completion of the full academic year
– up to 90 days in advance of requested employment start
date if already met the one academic year requirement
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Post-completion:
– 90 days before program end date or within 60 day grace
period
– may lose OPT time if the application is submitted during
your 60 days grace period
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17-month STEM:
– must be filed before current EAD expires
What about travel?
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Before Graduation: Must reenter the U.S. before degree
program completion (before end date on I-20). Must have valid
I-20, visa stamp and passport.
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After Graduation: Reentry to the U.S. requires:
– Valid passport
– Valid F-1 visa stamp
– Valid I-20 reflecting “OPT approved” with a travel signature
of 6 months or less
– EAD
– Job offer letter
Do NOT travel abroad and reenter after graduation
during the OPT period unless you are returning to a job!!
What Happens to Dependents?
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If students request a new I-20 reflecting
“OPT approved”, dependent I-20s will also
be issued at the same time
If traveling, obtain a travel
signature on I-20
every 6 months
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No more than 90 days of unemployment from the start date
on the EAD. If more than 90 days, the F-1 status is no longer
valid and departure from the U.S. is required.
Report changes of residential address, employer’s name and
address, and change of status to DVS within 10 days
Travel signatures on page 3 of I-20 are valid for 6 months
No expedited processing option for OPT applications
17-month STEM Extension
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Eligibility:
– Employer must be registered in E-verify (contact
Human Resources or Payroll)
– Must be paid employment
– Degree must be in a STEM field as defined by
the Dept. of State CIP code list (see page 3 of
I-20 to find CIP code)
– Must apply before current OPT expires
Not permitted to have more than 120 days of
unemployment for the entire 29 months of OPT
Employment for STEM
Extension
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Must work at least 20 hours per week
for E-Verify employer
May work multiple jobs as long as all
employers are enrolled in E-Verify
Students are allowed to volunteer,
incidental to their status. This means
that volunteer work is allowed but does
not count as employment for the
purpose of maintaining F-1 status.
Volunteer Activities
Students cannot “volunteer” for positions
that are normally paid positions. The
following webpage provides detailed
instructions on the issue:
http://www.visaservices.duke.edu/volunteer.html
What are my options after OPT?
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Return to home country
Transfer to another degree program
Stop employment after the OPT end
date. A 60-day grace period is
available to prepare for departure.
Change non-immigrant status from F-1
OPT to another visa status
What about the H-1B visa?
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Temporary worker’s visa
65,000/year for cap subject employers
Additional 20,000 for Master’s degree or
higher
Earliest day for employer to file is April 1
for an H-1B (cap subject) to begin
October 1
Notify DVS upon receipt of H-1B
approval
What is the F-1/H-1B “cap gap?”
Occurs when an F-1 student’s status and work authorization will expire
in the present fiscal year before their approved H-1B employment will
begin on October 1st.
Good News!! The Cap Gap
allows F-1 OPT students with an
approved or receipted H-1B
petition to continue working until
the October 1 start date for the
H-1B takes effect. Applies only
to “cap subject” employers.
Questions
For further assistance, please contact your International Student
Advisor by phone or email. DVS office is open Monday
through Friday from 8:00am-5:00pm.
Email: [email protected] or International Student Advisor
Address: Smith Warehouse, Bay 7-1st floor
114 South Buchanan Blvd.
Telephone: 919-681-8472
Check out the
Duke Visa Services Website!
http://www.visaservices.duke.edu/AcademicTrainJ1Students.html
http://www.visaservices.duke.edu/F1_CPT.html
http://www.visaservices.duke.edu/F1_OPT.html