Transcript Slide 1

Frances O’Brien
Coordinator for Immigration Services
Office for International Students and Scholars
44 Kent Way
Off-Campus Employment for Students
Overview
• Off-Campus employment
• CPT
• OPT
• Academic Training
• Visiting scholars
• H1B employees
• The “green card” Process, or Legal Permanent Residency
• Questions
Off-Campus Employment for Students
CPT
What is CPT:
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Part of an established curriculum
• Internship
• Cooperative
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Part-Time while attending full-time (Fall and Spring), and full-time when attending
less than full-time (Winter and Summer, or in Final Semester)
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Once the CPT is approved, OISS will issue a new I-20 reflecting the work
authorization
Off-Campus Employment for Students
CPT
Eligibility:
To be eligible for CPT, students must meet the following conditions :
• Must have been lawfully enrolled on a full-time basis at a DHS-approved school for
one full academic year. Exception exists for graduate students whose programs
require immediate curricular training.
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The student will continue to be enrolled for a full course of study during the CPT
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Must be related to your major field of study, and a required part of the academic
program or specific course
Off-Campus Employment for Students
CPT - Quiz
Is the student eligible?
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The student is a Chemical Engineering major. She met all requirements for her
degree in January 2014. She has an opportunity to work for a company this
Spring, and is enrolled in a three-credit internship class.
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The student is a Biology major. Her program requires all students to obtain
training in a lab with a regional company. If she does not complete the training,
her degree will not be conferred.
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A friend of the above student is a graduate student in the Engineering department.
She has been offered an internship in sales with Peace-a-Pizza. She is in her final
year, and will be enrolled full-time while on CPT.
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A student is enrolled in a course which requires a hands-on lab experience with a
regional company. This course counts toward her degree, but her program does
not require this training from all students.
Off-Campus Employment for Students
CPT
Important Notes:
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12 months or more of full-time curricular practical training prevents you from
engaging in post-completion optional practical training (OPT)
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Students enrolled in English language training programs are not eligible for CPT
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Full-time permanent employment does not qualify for CPT (this includes salaried,
benefited positions. The job should indicate the work is temporary.)
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You must be approved for CPT by OISS before you begin your training!
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Advisor and graduate office (if grad student) must sign the CPT form authorizing
that the internship is required by a course or by your program
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You must attach an offer letter stipulating the hours, time period, and job duties
that relate to your major. The statement must also explain how this will fulfill the
requirement set forth by the program or course.
Off-Campus Employment for Students
OPT
What is OPT:
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12 months of optional practical training for each level in F-1 status (includes pre
and post-completion
Employment must be directly related to the student’s major field of study.
Eligible students may apply for "pre-completion OPT " (before completion of
program) and/or "post-completion OPT " (after completion of program).
Students recommended for OPT will receive a new I-20 with an OPT
recommendation notation.
Students need to have authorization from USCIS before they can begin
employment.
Can apply for post-completion OPT 90 days prior to graduation or 60 days after
graduation.
Off-Campus Employment for Students
OPT
Eligibility:
To be eligible for OPT, students must meet the following conditions:
• Must have been lawfully enrolled on a full-time basis* at a DHS-approved school
for one full academic year.
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The student will continue to be enrolled for a full course of study during the PreOPT.
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Employment must be related to the major field of study
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Students enrolled in English language training programs are not eligible for OPT
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A job is not required for post-completion OPT, but it is necessary to be employed
once you have your EAD card
Off-Campus Employment for Students
OPT
Important Notes :
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OPT CAP GAP
• The period of time between an OPT end-date and the H1B start date
• H1B must have been timely filed
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OPT STEM Extension
• Students in STEM majors may extend for an addition 17 months
• Must be employed with an E-verified employer to extend
• Can continue working if the extension is filed prior to the OPT end date
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Travel
• Always travel with your I-20 and EAD card
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Report change of Information to OISS (Address and employer)
Off-Campus Employment for Students
Academic Training (J-1)
What is Academic Training:
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Up to 18 months or the length of the program, whichever is shorter
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More than 18 months can be approved only if it is necessary to satisfy the
mandatory requirements of his or her degree program
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Doctoral students might be eligible for an additional 18 months of post-doctoral
academic training
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Part-time during the academic year (Fall & Spring) and full-time during Winter and
Summer; Students on sustaining status may be eligible for Full-time employment
Off-Campus Employment for Students
Academic Training (J-1)
Eligibility:
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Your primary purpose in the United States must be study rather than Academic
Training.
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You must be in good academic standing at the school named on your Form DS2019
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The proposed employment must be directly related to your major field of study
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Throughout your Academic Training you must maintain permission to stay in the
United States, in J-1 student status, and apply for extensions as necessary
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You must maintain health insurance coverage for yourself and any J-2 dependents
throughout your Academic Training
Janica D. Kriss
Immigration Services Associate
Office for International Students and Scholars
413 Academy St.
Visiting Scholars
 J-1 visa:
• Research scholars
Difference
•Short term scholars
Request for Visiting Scholar Form
http://www.udel.edu/oiss/forms/visschol.pdf
Temporary Employees (H-1B)
What is an H-1B Visa?
Designated for individuals coming temporarily to the U.S. to perform services in a
specialty occupation (requires (A) theoretical and practical application of a body of highly
specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the
specific specialty)
Four Part Test:
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Applicant has a U.S. baccalaureate degree or an equivalent foreign degree in field of
study related to intended position.
Position utilizes Applicant’s field of study.
Position pays the “prevailing wage” for the occupation in the metropolitan area as
determined by the Department of Labor (“DOL”) or other DOL approved survey.
There is an available H-1B nonimmigrant visa number!!!
Temporary Employees (H-1B)
• H-1Bs subject to cap for each Fiscal Year (which runs from October
1 to September 30):
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65,000 visas available for baccalaureate degree; and
20,000 visas available for U.S. Advanced Degrees.
• PROBLEM: AVAILABILITY – For FY 2013, the H-1B cap was
reached in just a few months
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H-1B baccalaureate degree: cap reached as of June 11, 2012.
H-1B U.S. master’s degree: cap reached as of June 7, 2012.
• MESSAGE: Look for position in Hospital or University, or if in STEM area,
Employer that has registered for E-Verify and get 17 month OPT
Temporary Employees (H-1B)
Time Limits and Full/Part time H-1B’s
Employment can be requested for up to maximum 3 years. The H-1B can be extended (if
the individual is eligible) for a maximum of 6 years.
Exception: If an individual is at a certain stage in the permanent residency process,
he/she may be eligible for an H-1B extension beyond the 6-year maximum. OISS should
be contacted to determine if the H-1B applicant is eligible.
An H-1B visa can be applied for either Full-time or Part-time positions. The employer is
responsible for documenting payments and hours worked per week.
There are no minimum hours for part-time H-1B employment, but USCIS can request
information about how the H-1B employee will support themselves.
Temporary Employees (H-1B)
Important Notes
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Current H-1Bs may remain in the U.S. and employed for 240 days, while waiting for a
timely filed H-1B extension/transfer approval from USCIS
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It may be necessary to amend the current H-1B petition. If there are any substantial
changes in the position such as new job title, qualification, duties, location, etc.
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If your employer dismisses the employee before the end of the authorized period of
H-1B employment, your employer will be responsible for paying the reasonable
costs of return transportation of the employee to the employee’s last place of
foreign residence.
Other Options
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Canada / Mexico: TN (3 years)
Chile / Singapore: H-1B1(1.5 years)
Australia: E-3 (2 years)
Treaty Investor Visa: E-2
NOTE:
•These visas typically are for ‘professional’ positions. However, sometimes
available for those with a 2-year degree.
These visas all carry 100% nonimmigrant intent.
The Green Card Process
• EB-1: No recruitment: For Outstanding Researchers/Professors (also, FN with
extraordinary ability in sciences, arts, education, business or athletics).
• EB-2: No recruitment: For National Interest Waiver (typically for postdocs).
• EB-2: Recruitment required: For positions requiring Advanced Degree (including
Bachelor’s + 5 years exp); Also for “Special Recruitment” (for teaching positions at
institutions of higher education).
• EB-3: Recruitment required: For positions requiring Bachelor’s Degree.
The Green Card Process
Helpful Job Search Hints
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Look for a position in a STEM field!
Look for a position that requires and utilizes your unique and “hard-to-find” skills
and/or has “undesirable” job duties!
If you hold a Master’s degree or higher, look for a position that requires an advanced
degree (as well as above)!
Look for a teaching position with an institution of higher education! Think: Special
Recruitment!
If you are a Postdoctoral Research Fellow and your research will benefit the United
States – Think: National Interest Waiver!
•If you have 3 years of Postdoc research experience – Think EB-1 Outstanding
Researcher!
The Green Card Process
Diversity Lottery
The Immigration and Nationality Act provides a maximum of up to 50,000 immigrant visas
each fiscal year to permit LPR status for nationals from low immigration countries—using
a LOTTERY!
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The Application period for the Diversity Visa lottery occurs annually between the first
week of October and the first week of November (dates are specified by USCIS).
• Applicants may access the electronic Diversity Visa entry form at:
www.dvlottery.state.gov during the registration period. Must have the equivalent of a
U.S. high school degree or 2 years specialized work related training.
• F-1/J-1 student who violated ‘immigration’ status (worked w/out authorization), MUST
pursue consular processing.
• If subject to Immigration “bars” – you are NOT eligible! (there is no waiver for DV
cases).
Note that this may be going away. A new immigration bill is seeking to get rid of this
lottery.
Questions?