Transcript F-1 Employment Option An Overview

Optional Practical Training (OPT)
F-1 Students
• Off-Campus work in field of study.
• 12 months of OPT per Academic Level
• Can use part of the 12 mos. before completing
(PRE OPT)
• Or save it for Post Completion (POST OPT)
• All PRE OPT is deducted from 12 month-total
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Eligibility for “PRE” or “Post”
OPT
• F-1 status for one academic year as Full-Time
student.
• New Form I-20 is issued by the ISSO/approved
by USCIS before student can work.
• USCIS issues an Employment Authorization
Document (EAD - employment card).
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“POST”- OPT
• Student is initially given 12-months of Post
OPT.
• Any time already used for Pre OPT will be
deducted.
• Students in the STEM fields will be able to
apply for an additional 17-mos. of work
authorization, if the following two conditions
apply:
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• Major is in STEM fields (Science, Technology,
Engineering, Mathematics).
• Student has a job with an E-verify employer.
• Can only be authorized for STEM “once”
POST OPT
Determining your Completion Date
• Completion Date for Graduate Students refers
to date student anticipates to actually
complete program (i.e., finish with, Project,
Thesis, Dissertation, defense, necessary
revisions, etc.
• Completion Date is not necessarily the same
as Commencement or Degree Conferral Date.
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When to Apply for “Post” OPT
• Within 90 days prior to Completion Date
OR
• Within 60-days from Completion Date
• Must be in the U.S. at the time of applying
for Post OPT and remain in the U.S. until
receiving approval of Post OPT.
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Post OPT
• You need to receive the OPT card
(Employment Authorization Document)
before you can work;
• You can work after you receive the card
and once the effective date of the card has
been reached;
• It is not legally appropriate to work
without pay while waiting for the card.
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Documents to be submitted to ISSO when
applying for “Post” OPT
Refer to the Employment section of ISSO website,
http://www.uml.edu/ISSO/Employment/default.aspx
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“POST” OPT
Regulatory Requirements
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Can only work in field of study
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Must have received an approved EAD card before beginning work and
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After the effective date of the EAD card has been reached.
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Cannot be a full-time student working towards a degree.
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Cannot continue UML employment unless above conditions are met
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Notify ISSO of all employment changes within a 10-day period of change:
– Employment information for: new, concurrent, paid or unpaid employment, etc.
– Changes in the following: name, address, citizenship, marital status, etc.
– ISSO will report this information on your SEVIS record to help you maintain status
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“POST” OPT Unemployment time
is tracked by USCIS
• May not accrue an aggregate of more than 90 days of unemployment
time during first 12 mos.
• Time starts counting from effective date of EAD card.
• Students on STEM Extension cannot accrue an aggregate of more
than 120 days of unemployment time during their total 29-month
period.
• All Employment information is reported to SEVIS by our office, so
keep us informed of ALL employment information.
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Travel while on “POST” OPT
• Do NOT travel outside U.S. until you have received
approval of Post OPT (have received EAD card).
• Travel Documentation for Post OPT Travel:
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Valid passport, valid 6 mos. beyond expiration of EAD card.
A valid F-1 visa stamp.
Form I-20 with Post OPT Recommendation on Page 3.
Letter of Employment.
Employment Authorization Document (EAD)
DO NOT RE-ENTER IN TOURIST STATUS, for it will terminate your
OPT Status.
Cap Gap Extension/H-1B Application
Students on Post OPT with pending H-1B Petition
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If student is in a 60-day grace period at the time of H-1B petition filing, s/he cannot work
after the EAD expiration date, but can legally stay in the U.S.
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Need Form I-20 extending employment from the expiration date of EAD until effective
date of H-1B (usually Oct. 1st) to present to their Employer.
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Deadline for most employers to file H-1B petition is April 1st.
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Limit of 65,000-85,000 H-1B visas/year (a limited # of H-1B’s are set aside for nationals
of Chile & Singapore).
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Non-Profits are exempt from the H-1B cap.
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Curricular Practical Training
(CPT)
• Off-campus work experience in the F-1 student’s
field of study
• Must contain a curricular component
• The concept of curricular practical training is to
bring the learning of the job experience into the
classroom
• Must be evaluated & graded by the Faculty CPT
Advisor
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CPT Allotted Time
• Up to 12 months of “Full”-Time CPT
• 12 months eliminates eligibility for Post OPT
• Part-time CPT does not impact Post OPT
eligibility.
• No limit on part-time authorized CPT time
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CPT Eligibility
• F-1 status for one academic year as a full-time student
• Students in Pathway program must successfully pass pathway and have fulfilled the one
academic year of full-time study requirement
• Job must be in field of study listed on Form I-20/integral to academic
program
• GPA of 3.0 for graduates or 2.0 for undergraduates
• Cannot have received any grade of “F”, “U”, or “INC”
• Cannot be in last semester or in final thesis defense phase
• CPT must fall within semester dates, and is authorized on a semester-bysemester basis
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CPT Approval
After Meeting Eligibility Requirements
• Obtain authorization from academic department
• Complete “Curricular Practical Training (CPT) Application Form,
http://www.uml.edu/docs/CPT%20Page1%20form%20EDIT2_tcm18116625.pdf
• Register for a minimum of a one-credit CPT work experience
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CPT Application Form
Check ISSO Website for CPT Application
http://www.uml.edu/ISSO/Employment/f1-cpt.aspx
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J-1 OFF-CAMPUS WORK
Academic Training (AT)
• Must have a job offer
• Job must be in field of study
• Total time of Academic Training can never
exceed the time spent in full course of
study
• The maximum a Bachelor’s or Master’s
student can do of AT is 18 months
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J-1 Academic Training
• PhD students can apply for an initial 18-mo period
– then apply for an additional period of 18 months.
• Student can apply for Pre-Completion Academic
Training, after having been in full-time status for one
academic year
• J-1 student must maintain health insurance coverage for
him/herself and all J-2 dependents while on Academic
Training
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J-1 Academic Training
• Academic Training application must be
processed no later than 30 days after
completion date
• Academic Training is always authorized
directly by ISSO
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For Questions, Contact us during
Advising Hours
International Students & Scholars Office
978-934-2383
[email protected]
Monday & Tuesday
Wednesday & Thursday
2:00pm-4:00pm
10:00am-12:00pm
No Appointment is ever necessary during Advising Hours
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H-1B Information
for Specialty Occupations
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Paid positions of a highly specialized nature.
Minimum of a Bachelor’s Degree.
Employer pays prevailing wage as per Dept. of Labor laws.
Maximum time of six years (with a maximum initial period of three years).
IF applicant filed a Labor Certification prior to 5th year, OR if an Immigrant Visa
petition is approved/subjected to backlogs, can apply for one-year extensions
Concurrent employment permitted; each employer files H-1B petition.
Employment can be part-time or full-time.
Dual intent is allowed (i.e., person can intend to immigrate to US).
Dependents (H-4 visa holders) are not permitted to apply for work.
Filing Fees:
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$325 for filing a Form I-129, Petition for a Non-Immigrant Worker;
$500 Anti Fraud Fee paid by employer;
$0 or $750 or $1,500 paid by “for-profit” employers depending on size of workforce;
$1,225 Premium Processing Fee (optional).
Attorney Fees
TN Status
(for citizens from Canada or Mexico)
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North American Free Trade Agreement (NAFTA)
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Temporary employment classification Canadian/Mexican citizens.
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To engage in professional business activities (in limited fields).
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Process varies slightly for Canada and Mexico.
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Only to be used for temporary employment (no dual intent).
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Can be issued indefinitely in three-year increments;
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Dependents (TD visa holders) are not permitted to work.
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Minimal paperwork/Nominal fees
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O-1
Workers of Extraordinary Ability
• Requires considerable documentation.
• Most highly qualified professors, researchers, and artists with a high
level of expertise.
• Top in their field (internationally recognized).
• Concurrent employment, each employer submits Petition.
• Granted for a maximum initial period of three years, with one-year
extensions possible indefinitely.
• Dependents (O-3 visa holders) are not permitted to work
• Filing fees for an O-1 are similar to those for an H-1B.
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