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F1 & J1 EMPLoYMENT SEMINAR Paul Dean Webb Director Office of International Students.

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Presentation on theme: "F1 & J1 EMPLoYMENT SEMINAR Paul Dean Webb Director Office of International Students."— Presentation transcript:

1 F1 & J1 EMPLoYMENT SEMINAR Paul Dean Webb Director Office of International Students

2 The Legal* World Of The Foreign Born NATURALIZED CITIZENS IMMIGRANTS AKA “green card” holders, permanent resident aliens (At EMU during the Fall 2003 term there were about 400 immigrants) Parolees Asylees Refugees American Indians Living in Canada

3 The Legal* World Of The Foreign Born NON-IMMIGRANTS Numbers of classes of non-immigrants each with own intent for entering and remaining TEMPORARILY in the USA. (At Eastern during the Fall 2003 term there were 912 non-immigrants). A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V (and subclasses in each) * UNDOCUMENTED PERSONS: These entered the USA without proper inspection * OVERSTAYS: These did not leave the USA when INS told them

4 J-1 EMPLOYMENT OPTIONS J-1 Category: Student (non-degree and degree) : Academic Training: A student may participate in academic training with or without remuneration during and/or after study program WITH APPROVAL OF ACADEMIC ADVISOR AND RESPONSIBLE OFFICER under the following conditions: 1. 1.The Student is primarily here to study. 2. 2.The academic training is directly related to one’s major field 3. 3.The student is in good academic standing. 4. 4.The student receives written approval IN ADVANCE from the RESPONSIBLE OFFICER. Time limitations: Can not exceed more than the length of your program.

5 J-1 EMPLOYMENT OPTIONS Student Employment: Exchange visitors may engage in part-time employment under the following circumstances: 1. 1.Employment pursuant to a scholarship, fellowship, or assistantship; 2. 2.Employment occurs on the premises of the school; 3. 3.Employment occurs off-campus when NECESSARY due to serious, urgent and unforeseen circumstances have arisen since acquiring EV status. An Exchange Visitor is eligible to engage in such employment if: 1. 1.The student is in good academic standing; 2. 2.The student continues to engage in a full course of study; 3. 3.Employment totals no more than 20 hours per week, except during official school breaks/vacations, and 4. 4.THE RESPONSIBLE OFFICER HAS APPROVED THE SPECIFIC EMPLOYMENT IN ADVANCE AND IN WRITING.

6 1. On Campus f-1 Employment OPTIONS: Establish F-1 status (ex. SEVIS compliant, valid passport, full-time program, etc.) Complete I-9 procedure at OIS (i.e. I-9 Q/A test on OIS website, I-9 check-list, I-9 form). This includes obtaining a Social Security Number Submit documents to OIS for review and authorization Take I-9 to Student Employment or other campus employer NOT May NOT work more than 20 hours per week during Fall/Winter semester(s). Violations to this rule are a reportable event The student may work more than 20 hours/week during spring/summer if intending to return in fall.

7 2a. Off-campus f-1 employment OPTIONS (Through economic necessity): Establish F-1 status (ex. SEVIS compliant, valid passport, etc.). Show F-1 status to be at least 12 months in length, at least 8 months full-time enrollment. Show minimum grade point average (i.e. 3.00 for graduate, and 2.00 for undergraduate). Prepare evidence for unforeseen change in financial sponsorship (ex. Medical problem of Sponsor). Prepare I-765, I-538, two photos, fee, SEVIS I- 20, passport, other photo IDs and submit all to OIS.

8 2b. Off-campus f-1 employment OPTIONS: (Special Student relief) For students from Indonesia, Thailand, Malaysia, South Korea and/or the Philippines: Establish F-1 status (ex. SEVIS compliant, valid passport, etc.). Show F-1 status before June 10, 1998. Prepare evidence of unforeseen change due to currency devaluation. Prepare additional documents: I-765, I-538, two photos, fee, SEVIS I-20, passport, other photo IDs and submit all to OIS for review and submission to Lincoln.

9 3. practical training Practical Training refers to employment in your current major and program. NOTE: You may not start your employment unless authorized by an International Student Advisor in SEVIS.

10 3.a CURRICULAR PRACTICAL TRAINING (CPT) Submit either a COOP or OIS contract along with your SEVIS I-20 to the Office of International Students for review and approval. Twelve (12) or more months of FULLTIME curricular practical training will prevent you from applying for OPT. Again, you may not start employment unless you have OIS authorization on page 3 of your SEVIS I-20 NOTE: CPT through COOP is not free, you need to register for certain credit hours

11 CPT THROUGH COOP STEP 1

12 CPT THROUGH COOP STEP 2

13 CPT THROUGH A REQUIRED COURSE

14 3.b OPTIONAL PRACTICAL TRAINING (OPT) Four Types of Optional Practical Training: During annual vacation During annual vacation During regular semester (part time employment and full-time study) During regular semester (part time employment and full-time study) During the writing of thesis after all course work is finished During the writing of thesis after all course work is finished After completion of all degree requirements After completion of all degree requirements

15 3.B.1 Optional Practical Training Prepare the documents needed to apply for optional practical training. This will certainly include the following: Letter/statement from academic advisor verifying date of completion I-765 form (pick up OPT package at OIS). I-538 form (inside OPT package). $175 personal check payable to Dept. of Homeland Security. Passport (with I-94 form) Two photos of a standard (passport) full frontal face position. SEVIS I-20 and old I-20’s Other photo IDs

16 3.B.2 Optional Practical Training OPT petitions MUST arrive at Lincoln BEFORE the end- date of your academic program. You can not apply for OPT more than 90 days before your work start-date (which could be as late as 60 days after your end-date) NOTE: The end-date may not be the same as the graduation-date You do not have to have a job to apply for F-1 OPT but you should have good “leads”. will mail petition to Lincoln. YOU will mail petition to Lincoln. Where do you start the job hunt?................. Try Career Services or even OIS

17 3.B.3 Optional Practical Training THINGS TO REMEMBER Under SEVIS you will be allowed OPT for 1 st degree program and in addition for each higher educational level. (ex. After Bachelor, Master and PHD program) Once the petition is sent to Lincoln, it is very hard to STOP THE PETITION. ARE YOU SURE YOU WANT OPTIONAL PRACTICAL TRAINING AFTER COMPLETION?????? You can NOT start work in optional practical training UNTIL YOU RECEIVE THE EAD (“Working Card”) You can NOT attend school during OPT categorized as after completion, the OPT will be automatically terminated when the student transfers to another school or begins study at another educational level. PLEASE share all correspondence from Lincoln with us. This includes your notice of receipt and certainly the working card (EAD) and SEVIS I-20. If you are accepting a position in another state, will you be able to obtain a driver’s license in that state?

18 3.2 Optional Practical Training THINGS TO REMEMBER (as long as visa restrictions do not apply AND you have proof of a job to return to) Travel to and from the USA on an updated SEVIS I-20 and EAD card is possible during OPT (as long as visa restrictions do not apply AND you have proof of a job to return to) Please let us know if you find or change employers as well as if you change addresses. If you do not have a job yet, keep an accurate record of your “hunt” for one. (What company, phone number, name of contact person, date) Let us know if you change or adjust your immigration status (ex. To H-1B). Did you know that you MIGHT qualify for resident tuition assessment at EMU in H-1B and/or H4 status? You still “belong” to EMU. Check our website: http://www.dsa.emich.edu/ois You should not plan to move from the address on the I-765 until you receive the EAD card!

19 I-765 I-765

20 I-538 I-538

21 FINAL THOUGHTS It would help the International Student Advisor if you did the following: Make two LEGIBLE copies of the following: Passport with your face, personal information and date of expiry. Visa (if applicable). EMU student I.D. or U.S. Driver’s License Letter from academic advisor verifying your completion date. All information, including your face and stamps made by immigration officials should show through clearly. You should PRINT CLEARLY all information on your form and not scribble. INS officers do not have time to guess at what you have written. It might be better to type out the INS forms. Make sure that the 2 photographs are exactly 2 inches by 2 inches and are frontal view. Make sure the address that you report will remain the same for at least the next 120 days. U.S. Postal Service will NOT forward INS mail to a new address.


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