Employment in F-1 Status

Trinity University International Student &

Scholar Services

Employment in F-1 Status

On campus employment

Off campus employment

Severe Economic Hardship

International Organizations

CPT

OPT

Employment with a non-Trinity employer

Summer research

opportunities

Institutional employment

On Campus Employment

Work on campus while enrolled in a full course of study

Institutional vs. work study Does not have to be related to

major of studies Not guaranteed and limited to

availability

On Campus Employment

Part-time › up to 20 hrs/

week/ semester & full-time

› > 20 hrs/ week/ official school breaks

On-campus employment must provide direct student services

Examples: Aramark,Barnes & Noble

Examples of UnauthorizedEmployment

Babysitting

House cleaning

Translating texts for the local town library

Editing papers for other students online

Working for outside companies

Participating as a research subject

Curricular Practical Training (CPT)

An internship/ co-op that is “an integral part of an established curriculum”

Must be part of a student’s program of study (required for completion/ optional, but for academic credit)

Most F-1 students are eligible after 1 full year of academic study

Is job specific new I-20 for changes in employers or employment terms

Curricular Practical Training (CPT)

Part-time (up to 20 hrs/ week) or full-time (> 20 hrs / week)

International students with >12 months of full-time CPT are ineligible for OPT

How to Get Curricular Practical Training (CPT) Approved:

Prove internship course registration for 0-3 credits

Internship policies vary

Job offer letter (job duties, proposed start and end of employment dates, salary, part-time or full-time employment & office location)

Completed CPT recommendation form

CPT Offer of Employment

(Sample)

I-20 (Page 3) of a CPT Student

• Must receive SEVIS authorization from their DSO prior to starting employment

• (no USCIS application required)

• A new I-20 with CPT authorization will be issued

• Free and quick processing

• CPT authorization must be processed for both paid/unpaid positions

Optional Practical Training (OPT)

related to the student’s field of study and can occur during or after completion of a program of study

Does not have to be job specific

Pre-completion

Rather uncommon

Deducted from the post-completion OPT time (12 months)

Must file a new petition each time and include processing fee

More difficult to establish a relationship with an employer in a short period of time

Could be a good option for STEM majors

Prepare well in advance

Post-completion

No need to wait for a job offer

USCIS must receive your application 120 days before or within 60 days after your official graduation date

The application process takes 2-3 months after the application is mailed

Prepare well in advance

Optional Practical Training

Application components › New I-20 from Trinity ISSS

› Copies of all previous I-20 form(s) + all passport identity pages + previous Employment Authorization Documents (EAD cards)

› Money order for $380.00 payable to the US department of Homeland Security

› Verification of enrollment (anticipated graduation date from the Office of the Registrar and verifying major(s))

Optional Practical Training

Application components› 2 recent passport-style photos

on white background › electronic I-94 print out › Your name and I-94 number

must be printed in pencil on the back of the photos

› Completed I-765 form › Preferred beginning and end

dates ISSS mails and monitors your OPT

application. You will receive scans of OPT petition submitted for your record keeping purposes, original Notice of Action documentation and an EAD card when it is received by our office.

Choosing Your OPT Start Date

Difficult to predict, but try to estimate strategically

Earliest start date: on or after the program completion date

Latest start date: 60 calendar days after the program completion date

You cannot begin working before you receive the EAD and you reach the stated start date

Dates cannot be changed after submitted, so think carefully

Optional Practical Training (OPT) STEM majors

Post-completion OPT students may be eligible for a 17-month extension if they received a degree in a DHS-designated science, technology, engineering or mathematics field

What majors qualify?

E-Verify

OPT Reporting Requirements to

ISSS Report any

changes (official name, address, employer name & address, or loss of employment) within 10 days. throughout the OPT period

ISTEM extension students must report at 6- and 12-months after the start of the extension period

DHS may terminate the F-1 status of OPT students who do not fulfill all reporting requirements

• part of the OPT update e-form

Definition of OPT Employment

Paid employment of at least 20 hours per week

Unpaid employment (volunteer/unpaid internship) of at least 20 hours per week

Multiple employers

Work for hire/1099 employment

Self-employed business owner (student should have evidence of proper business licenses)

Employment through an agency or consulting firm

The job must be directly related to the major(s) and educational level that is on your current I-20

You and the employer make this determination

You can change employers as long as each job is directly related to your current major and educational level

If you withdraw your OPT application, you lose the paid SEVIS fee

Unemployment While On OPT

Limit days of unemployment during OPT to maintain F-1 status

Students during the initial OPT period – maximum of 90 days allowed during the 12-month OPT period

Students with an OPT STEM Extension – an additional 30 days applies, for a maximum of 120 days allowed during the 27-month OPT period

*Report all periods of employment to avoid unnecessary accrual of unemployment days

International Travel While on OPT

Students on OPT must have the following to re-enter the U.S.: Valid, unexpired passport

(expiration at least six months into the future

Valid, unexpired visa OPT I-20 (valid signature on page 3) OPT EAD Proof of employment or evidence of

an active employment search

Homeland Security has indicated that a student may leave the U.S. while OPT is pending, but if the OPT is approved the student will need the EAD and proof of employment to re-enter.The ISSS recommends that students do not leave the U.S. while an OPT extension application is pending.

After F-1? H-1B Cap Gap

Relief H-1B visa – work visa for skilled

workers

There is often a gap of time between the OPT end date and the H-1B start date (corporate H-1B visas begin on Oct. 1 and most students graduate in May or Dec.)

USCIS provides a temporary extension of F-1 status & work authorization while the H-1B petition is being processed

H-1B Cap Gap Relief

This benefit is offered only from Apr. 1 to Oct. 1 & only in conjunction with a corporate H-1B petition that is pending or approved with an Oct. 1 start date. The extension begins the day after the OPT EAD end date and ends on Oct. 1

You can obtain a new I-20 that indicates this extension and remain F-1 until the H-1B start date

If your H-1B petition is denied or withdrawn and your OPT has ended, your status ends 60 days from the date posted on your denial/withdrawal

H-1Bs with nonprofit organizations do not follow these deadlines

Employment Based on Severe Economic Hardship

F-1 students suffering a severe economic hardship due to unforeseen changes in their financial circumstances

Eligibility: › Be in F-1 status for 1 academic year › Be in good academic standing › On campus opportunities are

unavailable or insufficient to meet your needs

› Ex: loss of financial support or employment, medical bills, etc.

Application processing – 2-3 months

Employment Based on Severe Economic Hardship

Application components: › Form I-765 › $380 fee (can request to waive

the fee due to extreme economic hardship)

› Copy of I-20 form with your ISSS adviser’s recommendation for economic hardship employment

› A letter describing your financial situation & supporting evidence

› Copies of passport/visa pages› Copies of previous EAD pages (if

applicable)

Employment With an International Organization

You may work for a qualified international organization, as defined by the International Organization Immunities Act of Dec. 29, 1945

If you have an offer from an employer on the List of International Organizations you may apply to the United States Citizenship and Immigration Services (USCIS)for an EAD

Application: similar to the employment based on severe economic hardship’s application process

Special Student Relief

Relieves students coming from countries suffering from temporary economic/ civil unrest

2012 – 2015: special student relief (SSR) benefits to F-1 students from Syria who are “experiencing severe economic hardship as a direct result of civil unrest”

Eligibility criteria On-campus benefits Off-campus benefits

Contacts at Trinity

Ask ISSS Advisor before pursuing off-campus

employment

- Regulations often change & info from friends/ family may not be accurate

- Homeland Security is increasingly strict about employment violations. There can be severe penalties for working without proper permission, including exclusion from the US for up to 10 years

International Student and

Scholar Services Email: isss@trinity.edu Website:

http://web.trinity.edu/x9118.xml Facebook: http://

facebook.com/trinityisss

Inessa Stepanenko Assistant Director, International

Student & Scholar Servicesistepane@trinity.edu

(210) 999-7313 Stephanie Herzog

International Student and Scholar Services Advisorsherzog@trinity.edu(210) 999-8853