Transcript Slide 1

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