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F-1 and J-1 Work Authorization Duke Visa Services (DVS) Smith Warehouse 114 S. Buchanan Blvd Bay 7: 1 st Floor.

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Presentation on theme: "F-1 and J-1 Work Authorization Duke Visa Services (DVS) Smith Warehouse 114 S. Buchanan Blvd Bay 7: 1 st Floor."— Presentation transcript:

1 F-1 and J-1 Work Authorization Duke Visa Services (DVS) Smith Warehouse 114 S. Buchanan Blvd Bay 7: 1 st Floor

2 J-1 Academic Training (AT)

3 What is Academic Training? Academic Training permits certain types of study-related employment for J students. Academic Training permits certain types of study-related employment for J students. Flexible full and part-time employment options are available. Flexible full and part-time employment options are available. Employment must be directly related to students major field of study. Employment must be directly related to students major field of study.

4 What are the Requirements? Request for J-1 Academic Training Form Request for J-1 Academic Training FormJ-1 Academic Training FormJ-1 Academic Training Form Letter from employer that includes: 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

5 Obtaining Approval for Academic Training Student should make appointment with International Student Advisor in DVS after obtaining employment letter and Academic Advisor approval. 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. 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.

6 Academic Training summary Must apply before end of the J-1 students academic program (cannot apply during 30 day grace period). Must apply before end of the J-1 students academic program (cannot apply during 30 day grace period). Must maintain health insurance. Must maintain health insurance. Approval cannot exceed the length of time student is approved for J-1 study or 18 months, whichever is shorter. 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. Additional time may be available to Ph.D. students beyond 18 months.

7 F-1 Curricular Practical Training (CPT)

8 What is Curricular Practical Training? Work Authorization benefit for F-1 Students Work Authorization benefit for F-1 Students Employment related to or required for Academic Program of Study Employment related to or required for Academic Program of Study

9 What are the Requirements? Must have maintained F-1 status and have been studying full-time for at least one academic year 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: Employment must be part of academic program: –Required part of students curriculum (Student must provide appropriate documentation from course catalogue) OR OR –Must be taken for credit if not a required part of curriculum (Student must provide evidence of enrollment in the course)

10 Application Process 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) 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)Application for Curricular Practical TrainingApplication for Curricular Practical Training Job offer letter from employer that states: Job offer letter from employer that states: –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 Schedule appointment with designated International Student Advisor in DVS

11 Obtaining Curricular Practical Training Approval Please bring to the SCHEDULED appointment: 1. Completed Application 2. Job offer letter 3. 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.

12 Curricular Practical Training summary No cost to apply No cost to apply Apply at least 2 weeks prior to start date Apply at least 2 weeks prior to start date Cannot work until CPT has been approved Cannot work until CPT has been approved CPT can be issued for part-time or full-time employment CPT can be issued for part-time or full-time employment 12 months of full-time CPT eliminates OPT benefits entirely 12 months of full-time CPT eliminates OPT benefits entirely

13 F-1 Optional Practical Training (OPT)

14 What is Optional Practical Training? 12-month work authorization per each higher educational level 12-month work authorization per each higher educational level Benefit of F-1 status Benefit of F-1 status Related to major area of study Related to major area of study Pre-completion OPT - before graduation (may be part-time or full-time) 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) 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) 17-month STEM extension - additional OPT for STEM majors (Science, Technology, Engineering and Mathematics)

15 What are the Requirements? Must have maintained F-1 status and have been studying full-time for at least one academic year 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 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 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 Do not need a job offer to apply

16 Types of Employment allowed using Post-Completion Optional Practical Training Paid Employment: Must be able to provide evidence showing employment of at least 20 hours per week Paid Employment: Must be able to provide evidence showing employment of at least 20 hours per week Multiple Employers Multiple Employers Short-term multiple employers (performing artists) Short-term multiple employers (performing artists) Work for hire: Student performs a service based on contractual relationship Work for hire: Student performs a service based on contractual relationship

17 Types of Employment allowed using Post-Completion Optional Practical Training (continued) Self-Employed business owner: Student must have appropriate business licenses and engage in employment related to degree Self-Employed business owner: Student must have appropriate business licenses and engage in employment related to degree Employment through an agency Employment through an agency Unpaid Employment: May work as volunteers or unpaid interns, where this does not violate any labor laws. Unpaid Employment: May work as volunteers or unpaid interns, where this does not violate any labor laws.

18 Is Employment related to Degree? 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. 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. Request a signed letter from the supervisor confirming the job is related to the degree if it is not clear in the job description.

19 What is the Application Process? KEY = Student Responsibility =Intl Advisor Responsibility = Dept. of Homeland Security Responsibility

20 How to apply for Optional Practical Training Form I-765 Form I-765I-765 Optional Practical Training Application Optional Practical Training ApplicationApplication Recommendation letter from academic advisor Recommendation letter from academic advisor Recommendation letter Recommendation letter $ check or money order made payable to U.S. Department of Homeland Security (check must have pre-printed name, cannot be starter check) $ 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) 2 passport size photos (must meet USCIS specifications)USCIS specificationsUSCIS specifications All I-20s All I-20s Passport Passport Visa stamp Visa stamp I-94 card I-94 card Previous EAD (if applicable) Previous EAD (if applicable) Copy of students degree reflecting the conferred degree and major field of study (STEM extension only) Copy of students degree reflecting the conferred degree and major field of study (STEM extension only)

21 When Should the Application be Submitted? Pre-completion: Pre-completion: –up to 90 days before being enrolled for one full academic year, provided that employment doesnt 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: 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: 17-month STEM: –must be filed before current EAD expires

22 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!!

23 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 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 If traveling, obtain a travel signature on I-20 every 6 months

24 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. 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, employers name and address, and change of status to DVS within 10 days Report changes of residential address, employers name and address, and change of status to DVS within 10 dayschanges Travel signatures on page 3 of I-20 are valid for 6 months Travel signatures on page 3 of I-20 are valid for 6 months No expedited processing option for OPT applications No expedited processing option for OPT applications

25 17-month STEM Extension Eligibility: 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) CIP code listCIP code list –Must apply before current OPT expires Not permitted to have more than 120 days of unemployment for the entire 29 months of OPT

26 Employment for STEM Extension Must work at least 20 hours per week for E-Verify employer 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 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. 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.

27 Volunteer Activities Students cannot volunteer for positions that are normally paid positions. The following webpage provides detailed instructions on the issue:

28 What are my options after OPT? Return to home country Return to home country Transfer to another degree program Transfer to another degree program Stop employment after the OPT end date. A 60-day grace period is available to prepare for departure. 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 Change non-immigrant status from F-1 OPT to another visa status

29 What about the H-1B visa? Temporary workers visa Temporary workers visa 65,000/year for cap subject employers 65,000/year for cap subject employers Additional 20,000 for Masters degree or higher Additional 20,000 for Masters degree or higher Earliest day for employer to file is April 1 for an H-1B (cap subject) to begin October 1 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 Notify DVS upon receipt of H-1B approval

30 What is the F-1/H-1B cap gap? Occurs when an F-1 students 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 October 1 start date for the H-1B takes effect. Applies only to cap subject employers.

31 Questions For further assistance, please contact your International Student Advisor by phone or . DVS office is open Monday through Friday from 8:00am-5:00pm. or International Student Advisor Address: Smith Warehouse, Bay 7-1 st floor 114 South Buchanan Blvd. 114 South Buchanan Blvd. Telephone:

32 Check out the Duke Visa Services Website!


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