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International Students Work Options Marilyn Vogler, PhD Immigration Advisor Associate Director, IPS Spring 2009 Slide 2 Employment Authorization Some Basics Unauthorized work can get both the student and the employer in trouble. Authorized means the work documents are in hand. Students must follow multiple sets of rules: Homeland Security, MTU, Career Center, Graduate School & Employer. Slide 3 This Presentation This presentation is about F-1 student employment. I will discuss J-1 regulations in a separate workshop. I will address only Homeland Security / USCIS rules not Career Center, Graduate School, or Employer rules. Slide 4 More Basics Student on authorized off-campus work remain Michigan Tech students. You must keep in touch with IPS: Update address changes Update employer / unemployment Update visa status changes IPS signs your I-20 for travel if necessary. IPS transfers your SEVIS record for continued education. Slide 5 Staying in Touch MTU Email Current practice is that your MTU email will remain active as long as you use/check it regularly. Please check it at least weekly for IPS updates. IF you have graduated, you may have your MTU email forwarded to another address: https://emailinfo.mtu.edu/docs/public/forw ard/index.html https://emailinfo.mtu.edu/docs/public/forw ard/index.html Slide 6 On-Campus Employment On-Campus means MTU cuts the check (MTU or sponsor money) Agency, e.g., Argonne, sets up contract through MTU to pay student for co-op or internship Does not require any authorization beyond student status & normal employment forms 20 hours / week when school is in session 40 hours / week during breaks and vacation Slide 7 Off-Campus Employment Requires authorization from or through International Programs & Services (IPS) Authorization is formal shows up on the students immigration papers (I-20) Can be full- or part-time Off-campus means someone else cuts the check Corporate, government, etc. employer Faculty with consulting business Slide 8 Types of Off-Campus Employment CPT Curricular Practical Training OPT Optional Practical Training Unforeseen Severe Economic Hardship Slide 9 Why work off-campus? Try out employment in your major Employer gets to know you some only hire from co-op pool Experience other areas of the US Earn extra $$s Looks good on your resum Follow family while you finish up No courses that you need are being offered Unforeseen Severe Economic Hardship Etc. Slide 10 General Requirements OPT/CPT and Academic Training Student must have been full-time student in US at least one full academic year. Employment may be called co-op, internship, full-time, etc. Must be related to students program. Slide 11 General Requirements Unforeseen Severe Economic Hardship Student must have been full-time student in US at least one full academic year Does not need to be related to students program 20 hours per week during academic year 40 hours per week when school is not in session: breaks, vacations, summer Requires unexpected hardship File I-765 like OPT Slide 12 General Requirements Unforeseen Severe Economic Hardship To get student status you had to show the ability to pay for your education and support while in the United States. But Financial need beyond the student's control Unforeseen at the time the student applied to the school he or she is currently attending All other potential employment opportunities have proven to be insufficient Slide 13 General Requirements Unforeseen Severe Economic Hardship Examples include Loss of financial aid or on-campus employment without fault on the part of the student, Substantial fluctuations in the value of currency or exchange rate, Inordinate increases in tuition and/or living costs, Unexpected changes in the financial condition of the student's source of support, Medical bills, Other substantial and unexpected expenses." Slide 14 Is there a bottom line? YES You cannot, must not, MAY NOT work off-campus without authorization from the IPS Immigration Advisor Any employer that hires you without authorization on your paperwork is paying you illegally. Working illegally could jeopardize your future status in the US. Slide 15 How Do I Get Work Authorization? Check the IPS website: www.ips.mtu.eduwww.ips.mtu.edu Details vary, but in general Initiate job hunt Gather necessary paperwork Contact IPS Bring in your paperwork for CPT Make appointment for OPT / Academic Training / Economic Hardship Slide 16 How do I know if Im authorized? Registering for co-op credits does NOT mean you have employment authorization. Sending off an I-765 application does NOT mean you have employment authorization. Work Authorization must be recorded on your I-20 (page 3) or on an EAD card, but You can apply for jobs in your area of study and tell the employer that you ARE eligible to work in the US, because Slide 17 CPT/OPT are promised benefits for which you can apply. However, Economic Hardship authorization is not guaranteed or promised. Slide 18 Economic Hardship? Do not tell an off-campus employer you are authorized to work at a job that is outside your major area of study until you have your EAD card in hand. Slide 19 Questions? Slide 20 CPT? OPT? Whats the Difference? Slide 21 CPT Curricular Practical Training Must have job offer in hand to apply If you quit or are fired you must return to MTU to complete the credits and maintain status. Slide 22 OPT Optional Practical Training Student doesnt need job offer to apply Student can remain unemployed for a limited time (90 days limit in 1 year) Generally post-completion, but can be pre- completion if necessary CPT time exhausted Employer requires it 12-month original limit, pre- and post- combined Extensions available for post-completion OPT Slide 23 Where to find information www.ips.mtu.edu Slide 24 Slide 25 Roles in the Authorization Process Student Academic Advisor Career Center IPS Immigration Advisor Slide 26 What the student needs to do: Meet with academic advisor to get her/his approval or completion date Search for a job at the Career Center, the job fair, on-line, etc. Remember, the job must be related to your major unless you have an Economic Hardship EAD, but You can apply for OPT without a job offer in hand. Slide 27 Students tasks (continued) Complete the required paperwork for the Career Center and/or IPS including signatures CPT bring your paperwork to IPS and leave it OPT / Economic Hardship make an appointment to see the IPS Immigration Advisor Slide 28 Academic Advisors Role S/he can help you decide Which job offer to take How to meet the Career Center report requirements How long you should work What semester(s) would be best Your academic advisors approval is required for co-op, but Your advisors approval is not required for other off-campus employment. Slide 29 Career Center Role Employment search assistance Employability skills training Resumes, cover letters, mock interviews, etc. Help with required paperwork Verify major-relatedness Collect student assignment materials Assign a grade (undergrad) Slide 30 Your IPS Advisor will Review all the documents & paperwork Check to see if youre eligible to work Issue the appropriate I-20 with work authorization noted Assist with preparation and mailing of applications (OPT / Economic Hardship) Helps track and follow-up on applications sent to USCIS Assist with extensions as requested Slide 31 Questions? Slide 32 CPT Authorization Authorization is internal to MTU Requires processing through Career Center Completion of paperwork Registration for Co-op credit(s) fall and spring Requires authorization of IPS Completion of paperwork Confirmation of registration if required Processing a new I-20 Can be done same day if necessary Slide 33 OPT Authorization Authorization is granted by USCIS. IPS assists with the application process. Approval takes 1-1/2 to 3 months. Having a job offer speeds up approval. It costs the student $340 to apply. The advisor must project a completion date as part of the OPT application process. For undergrads, this is the standard end-of-term. For grad students, it can be anytime. Slide 34 CPT More details Can be full- or part-time, but Students taking a full course of study (12 or 9 credits) are not eligible for full-time employment. No limit on the amount of CPT available, but 365 days of full-time CPT disqualifies you for OPT. Generally authorized on a semester-by- semester basis. Slide 35 Applying for OPT You may apply anytime within 90 days of your completion date. You may apply up to 60 days after completion of your program (I-20 date). USCIS in Lincoln, NE, must RECEIVE your application by the 60 th day. You will have to pick a start date for your employment authorization. Slide 36 When to apply for OPT If youre sure youre graduating in Springapply beginning early Feb Summerapply beginning late May Fallapply beginning late Sept BUT do not apply unless youre sure youre going to graduate. Slide 37 What does it mean to complete a degree? You do not complete simply because you walk in graduation. Undergrads complete on the last day of the term in which they finish all requirements. Grad students complete when they turn in all their paperwork to the Graduate School. Slide 38 OPT Do I wait for a job offer? You dont have to have a job offer in hand to apply for OPT. Your application will be expedited if you include a copy of an offer letter. On the companys letterhead Offers your name a job Describes the type of work you will be doing Slide 39 Random Bits of Information about Practical Training OPT is a benefit. You earn 12 months of OPT per degree level. After an Associate Degree After a Bachelors After a Masters After a PhD You can earn as many as 4 years of OPT, but you cannot accumulate years to use all at once. You get only ONE 17-month extension. Slide 40 More random bits 365+ days of full-time CPT will make you absolutely ineligible for OPT. Part-time CPT does not add up to any equivalent number of full-time days. Its the students responsibility to calculate days (but theres a tool on the IPS web to help). Slide 41 And still more Students on OPT: If post-completion, work must be full-time If coursework remains, its pre-completion & work must be part-time If youre a Grad Student & only research and/or revisions, OPT is defined as post- completion even if you havent completed. So Slide 42 Grad students Its okay if you miss the completion date on the I-20 by a little. The degree must, however, be completed before the OPT period expires! Slide 43 Questions about applying for OPT or CPT? Slide 44 While you are waiting for your EAD card You are still an F-1 student. You cant work on campus after you complete your degree. So you must have enough money for your living expenses while you are waiting. You cannot start a new degree. Slide 45 While youre waiting You may not start working until you receive your card. Check the date on your card when it arrives. You may not start working until the start date listed on the EAD card. Slide 46 OPT and Travel Traveling and OPT present some unique problems. First, getting your F-1 visa renewed while on OPT is next to impossible. Slide 47 OPT and Travel Do not re-enter the US as a Tourist (B1/B2 status) or any other visa status, or you will lose the chance to use your OPT. You must enter as an F-1 Student. Slide 48 OPT and Travel MUST If you travel after graduation, you MUST have all the usual F-1 travel documents, including a valid visa, plus An EAD card or The USCIS receipt for your OPT application and Proof of employment Slide 49 You can travel without a job offer letter, but its tricky! If you travel without a job offer letter, you must return to the country BEFORE your EAD card is issued. The time it takes is unpredictable at best! If you have an EAD card but no job, DO NOT TRAVEL. Slide 50 OPT and Travel after you start working You may travel after you start working. Your employer should provide a travel letter saying clearly that You are an F-1 student on OPT You are returning to resume employment with the employer You may even be able to get an expired visa renewed if your employer requires travel and will write a letter saying so. Slide 51 OPT and Further Study You may choose to apply for additional study following your period of OPT. You may apply for another degree at the same school or at another school. You should request that IPS transfer your SEVIS record if its a new school. But Authorization to engage in OPT employment is automatically terminated when the student transfers to another school or begins study at another educational level. ( NAFSA ) Slide 52 OPT and Further Study Your OPT will be cancelled: On the transfer release date on which your SEVIS record is transferred to a new school OR When you have been accepted into AND register for courses toward a degree at a higher level at the same institution (MTU). Slide 53 OPT and Further Study However: You CAN register for classes at the same school (even if they will count toward a higher degree or a degree in a different program) as long as you do not request a Change of Level or Change of Major and get a new I-20. You CAN register for workshop-type classes (like a short-course in how to take the GRE) or for non-degree classes as a guest student as long as an I-20 isnt required. Slide 54 I received my EAD card! Email your IPS Immigration Advisor (thats me ) with the date that it arrived Send a copy to the IPS office Update your address with the IPS office We remain your immigration advisors for the duration of your OPT + 60 days UNLESS you obtain some other visa status. Slide 55 Extensions Gap extensions for those with an H1-B petition filed STEM extensions Science, Technology, Engineering, Math fields Employer registered with E-Verify Slide 56 Gap extensions If your employer has filed an H1-B petition BEFORE your OPT expires Extension is automatic Requires you to request an extension from IPS Proof of filing Proof of pending status Proof of approval Extension is good until H-1B is effective / denied Slide 57 17-Month STEM Extension Science, Technology, Engineering, Math fields Chemical Engineering had been left out, but is now included Employer registered with E-Verify Numbers are small but increasing Requires filing I-765 Requires filing BEFORE your OPT expires Service center must receive application BEFORE your OPT expires Slide 58 17-Month STEM Extension Filed like original OPT Additional info required on I-765 Degree CIP Code Employers name on I-765 Copy of transcript / diploma showing degree Employers seem to be handling these I like to check I-765 I must provide an I-20 Request form on IPS website You may keep working before approval IF the application is filed by deadline Slide 59 17-Month STEM Extension You MUST stay in touch with IPS and report any changes of address / employment / visa status. You MUST confirm employer every 6 months even if there are no changes. Final rules are not out expected any time Things may change again No word out on renewal of visa while on extension Slide 60 After CPT, OPT CPT completion of degree OPT 60 days to begin H-1B, get a new I-20 for another academic program, leave the US (New academic program must begin within 5 months of end date of OPT) H1-B 10 days to leave or transfer to new employer Some students apply for and get a green card, permanent residency. Slide 61 Beyond the OPT H1-B Students must have at least a BS to apply. Students do not have to have been on CPT or OPT. Employers sponsor and file for the H1-B. Application period opens April 1 for the following October 1 FY. That is, a student sponsored for an H1-B on April 1, 2008, could begin employment (if its approved) on October 1 2008. Slide 62 Beyond the OPT H1-B ??? There are quotas! The quotas for undergrads are filled within a day or two of April 1. There is a supplemental quota for persons with graduate degrees from US universities. Even at that, there are many more applicants than visas. Slide 63 Questions? Slide 64 Where to find information www.ips.mtu.edu