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

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 https://visaservices.duke.edu/category/f1/cpt.php

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) 4

Application Process The following webpage has detailed instructions for the Curricular Practical Training Application Process. Students must submit completed sections 1, 2, and 3 of the CPT application. Section 2 must include: Exact start and end dates Physical worksite address Name of supervisor and contact information Salary Job Title Brief description of employment Contact your designated DVS International Student Advisor for additional information. 5

Obtaining Curricular Practical Training Approval Please submit: All 3 completed Application Forms. The forms must be completed by the student, employer and academic advisor. Fuqua and Law students should check the DVS webpage for slightly different requirements. Job offer letter Passport, all Form I-20(s), and most recent I-94 NOTE: If all is in order, you will be issued a new Form I-20 with CPT approval. 6

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 7

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) 24-month STEM extension - additional OPT for STEM majors (Science, Technology, Engineering and Mathematics) https://visaservices.duke.edu/category/f1/opt.php

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 Students taking a leave of absence for 5 months or more and reentering on a new I-20 with a new SEVIS number must be enrolled full-time for one academic year in order to re-qualify for OPT.

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. Note: Unpaid or Volunteer positions cannot be used for a F-1 OPT STEM extension.

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? 1. Review the DVS website: https://visaservices.duke.edu/category/f1/opt.php 2. Prepare the application materials 3. Schedule an OPT appointment with your DVS advisor 4. DVS advisor will issue a new I-20 5. Send application to U.S. Dept. of Homeland Security 6. USDHS returns a receipt notice within ~1 month 7. USDHS adjudicates the application in ~2-4 months 8. OPT card received by DVS and student notified 9. Student retrieves OPT & reports employer information 10. Start work on or after OPT start date

How to apply for Optional Practical Training Form I-765 Optional Practical Training Application Recommendation letter from academic advisor $410.00 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 record 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 24-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

OPT reporting Requirement Part 1 “Report…” OPT employment must be reported to the government! 1. Current residential physical street address, telephone number, and email. 2. Documentation (a letter from the employer would be ideal) which includes: * The company’s name * The physical address of your worksite * The actual start and end date of your employment * Your job title * Whether or not the employment is part-time or full-time * Your supervisor’s full name, telephone number, and email address * Your employer’s Federal Employer Identification Number (FEIN). You can find this number on your pay statement, W-2, or you can contact your employer’s HR department to request it. 3. A written explanation from you or the employer explaining how the employment relates directly to your field of study (1000 characters or less). 4. Proof of funding: If your employment letter includes your salary, no additional information is required. If you still are seeking employment, are working unpaid, or you are volunteering, we must have evidence of funding to cover your OPT living expenses.

OPT reporting Requirement Part 2 “Or Else!” F-1 OPT holders must confirm that they are working in their field or their OPT and F-1 status will be CANCELLED. OPT allows for no more than 90 days of cumulative unemployment from the start date on the EAD. This has always been the regulation, but the government is updating the database that controls F-1 status to automatically terminate OPT programs that have more than 90 days without documented employment. This means that your OPT work authorization is at the mercy of a computer algorithm; do not expect this automated process to show understanding or compassion!

No more than 90 days of unemployment from the start date on the EAD 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 expected. Report changes of residential address, employer’s name and address, and change of status to DVS within 10 days Travel signatures on I-20 are valid for 6 months No expedited processing option for OPT applications

24-month STEM Extension Eligibility: Employer must be registered in E-verify (contact Human Resources or Payroll) 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 36 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 two 24-month STEM OPT extensions, but not consecutively. This is a lifetime limit. Must confirm employment every 6 months E-Verify employers

Employment for STEM Extension The STEM Extension requires the completion of the I-983 Training Plan for STEM OPT by the employer and the student before the filing of the STEM OPT. Students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the I-983 Training Plan, and the employer that signs the I-983 Training Plan must be the same entity that employs the student and provides the practical training experience.

Volunteer Activities Students cannot “volunteer” for positions that are normally paid positions. The following webpage provides detailed instructions on the issue: https://visaservices.duke.edu/work_authorization/volunteer_activities.php

What are my options after OPT? Exit the United States 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 1st. 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) 28

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. https://visaservices.duke.edu/category/j1/j1_academic_training.php

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: visahelp@dm.duke.edu or International Student Advisor Address: Smith Warehouse, Bay 7-1st floor 114 South Buchanan Blvd. Telephone: 919-681-8472

Check out the Duke Visa Services Website! https://visaservices.duke.edu/category/f1/cpt.php https://visaservices.duke.edu/category/f1/opt.php https://visaservices.duke.edu/category/j1/j1_academic_training.php