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EMPLOYMENT AUTHORIZATION for Students on Visas 1)J-1 students – working after academic program at W&L 2)F-1 students – summer employment 3) F-1 students.

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Presentation on theme: "EMPLOYMENT AUTHORIZATION for Students on Visas 1)J-1 students – working after academic program at W&L 2)F-1 students – summer employment 3) F-1 students."— Presentation transcript:

1 EMPLOYMENT AUTHORIZATION for Students on Visas 1)J-1 students – working after academic program at W&L 2)F-1 students – summer employment 3) F-1 students – post graduation

2 J-1 Students – Academic Training May work in area of study up to one year Work can be on or off campus Can be paid or unpaid Job specific Need letter from institution you will be working for outlining responsibilities, begin and end dates, remuneration (if any), supervisor name and contact information (see pink form)

3 F-1 Students – Summer Employment Work on campus Work outside of the US Curricular Practical Training Optional Practical Training Definition of Employment Paid vs Unpaid Internships

4 Definition of Employment “If the international student will provide the employer with beneficial service, even if unpaid, then proper work authorization may be required.” Exception: Education or training programs designed to provide students with professional experience in the furtherance of their education and academically oriented for their benefit, i.e. 3 rd year law internships, Washington Term If the organization only takes on volunteers, such as Red Cross or another civic organization, then it is considered volunteer work and not employment.

5 Working vs. Volunteering Volunteering is: *Services performed for civic, charitable or humanitarian purposes and *No expectation of compensation now or later *No other person is doing similar job for compensation *Volunteer time insubstantial

6 Paid vs Unpaid Internships Unpaid internships allowed by USDOL: *For benefit of intern and *Training as in educational environment *Does not displace regular employee *No entitlement of employment afterwards *Employer derives no immediate advantage

7 Curricular Practical Training Paid or unpaid Integral part of academic program, credit bearing, faculty supervisor; few opportunities at W&L Before graduation only Must be in the area of your major Job specific Need letter from institution you will be working for outlining responsibilities, begin and end dates, remuneration (if any), supervisor name and contact information (see pink form)

8 F-1 Students – Working after Graduation Cannot work on campus without employment authorization - OPT Work outside of the US Optional Practical Training – Post Completion Sponsorship for H1-B visa Post-completion OPT responsibilities doc Apply up to 90 days before program end date

9 Optional Practical Training Not job specific, but job(s) must be in your area of study 12 month allowance for every academic level STEM students may be eligible for up to 29 mo Specific start and end dates Costs $380 and a lot of paperwork May take up to 3 months to process application Cannot accumulate more than 90 days of unemployment while on OPT (post only)

10 OPT Application Checklist Two photos per specifications $380 check/money order to US Department of Homeland Security Completed I-765 (application form) New I-20 with authorization (see form) Copy of ALL old I-20s Copy of front and back of I-94 Copy of passport and visa

11 Pay Special Attention To: Photo specifications/spelling/write clearly Use CIE as your address, not your own Different codes depending on whether you are doing pre- or post-completion OPT A# is I-94 number STEM applicants can apply only for first 12 months initially Can’t apply too early or app will be rejected

12 Then What? Applications to due CIE at end of January for law students and end of February for ugrads CIE will send applications by registered mail to USCIS in Texas. Processing time takes 2-3 months Cannot start OPT until you receive card and begin date on card

13 H1-B Sponsorship Logical progression after Optional Practical Training has ended Annual allotment of H1-Bs by US Government Company will sponsor you Cost to company can be up to $5000 Require a verification of completion of degree program for H1-B application H1-B good for 3 years

14 What is Cap Gap Extension? H1-B apps accepted starting April 1 each year Last year, those accepted the first two weeks of April were in lottery for selection of H1Bs Once H1B is approved, student eligible for extension of OPT until October 1 of that year Once H1B is approved, student may not travel on F-1 visa under cap gap, must wait until H1B activates in October and get a new visa

15 Spring Option and Graduating Students Spring Option is not available to international students who are not graduating Graduating students who chose Spring Option will receive a new I-20, shortening their program to the end of winter term. OPT would need to start within 60 days of this shortened date Cannot live on campus, but may return for graduation


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