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F-1 AND J-1 WORK AUTHORIZATION D u k e Vi s a Services (DVS) Smith Wa r e ho us e 11 4 S . B u c h a na n Blvd. B a y 7 - 1 st F l o o r F-1 CURRICULAR PRACTICAL TRAINING (CPT) WHAT IS CURRICULAR PRACTICAL TRAINING? Work Authorization benefit for F-1 Students Employment related to or required for Academic Program of Study http://www.visaservices.duke.edu/F1_CPT.html WHAT ARE THE REQUIREMENTS? 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 Complete Application for Curricular Practical Training (Law, Fuqua, MEMP and MENG students must obtain a special form/letter prepared by their schools, in lieu of Section III of the form) Job offer letter from employer that states: Exact start and end dates Physical worksite address (include all addresses) Name of supervisor and contact information Salary Job title Job description Schedule appointment with your designated International Student Advisor in DVS OBTAINING CURRICULAR PRACTICAL TRAINING APPROVAL Please bring to the SCHEDULED appointment: 1. 2. 3. Completed Application Form Job offer letter Passport, all Form I-20(s), and I-94 NOTE: If all is in order, you will receive a new Form I-20 with CPT approval at the appointment. CURRICULAR PRACTICAL TRAINING SUMMARY 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? 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) http://www.visaservices.duke.edu/F1_OPT.html WHAT ARE THE REQUIREMENTS? 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 Paid Employment: Must be employed 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 Self-Employed business owner: 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? Students should maintain evidence for each job or 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 KEY = Student Responsibility Complete I-765, OPT application, and gather accompanying materials If traveling, obtain a travel signature every 6 months from DVS. =Int’l Advisor Responsibility 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 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 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 (see USCIS specifications) All I-20 forms 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? 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 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 17-month STEM: must be filed before current EAD expires F1 OPT STEM extension WHAT ABOUT TRAVEL? 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. 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? If students request a new I-20 reflecting “OPT approved”, dependent I-20s will also be issued at the same time If traveling, dependents must obtain a travel signature on their I-20 every 6 months 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 Eligibility: Employer must be registered in E-verify (contact Human Resources or Payroll) Can be paid or unpaid employment, as long as the company is in E-Verify 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 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 Student is eligible for only one 17-month STEM OPT extension. This is a lifetime limit. Must confirm employment every 6 months E-Verify employers 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? 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? 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 H-1B “CAP GAP” EXTENSION? 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 1 st . Good News!! The Cap Gap allows F-1 OPT students with an approved or receipted H-1B petition to continue working until the H-1B October 1 start date takes effect. Applies only to “cap subject” employers. J-1 ACADEMIC TRAINING (AT) WHAT IS ACADEMIC TRAINING? 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. http://w w w.visaservices.duke.edu/AcademicTrainJ1Students.ht ml WHAT ARE THE REQUIREMENTS? Request for J-1 Academic Training Form 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 Student should make appointment with their International Student Advisor in DVS after obtaining employment letter and Academic Advisor approval. International Student Advisor will review request, and if approved, issue a new DS-2019 with the work authorization. ACADEMIC TRAINING SUMMARY 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. 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 7-1 st floor 114 South Buchanan Blvd. Telephone: 919-681-8472 CHECK OUT THE DUKE VISA SERVICES WEBSITE! http://www.visaservices.duke.edu/F1_CPT.html http://www.visaservices.duke.edu/F1_OPT.html http://www.visaservices.duke.edu/AcademicTrainJ1Students.html