F-1 and J-1 Work Authorization

Duke Visa Services (DVS)Smith Warehouse

114 S. Buchanan Blvd Bay 7: 1st Floor

J-1 Academic Training (AT)

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.

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

International Student Advisor in DVS after obtaining employment letter and Academic Advisor approval.

International Student Advisor will review request, and if approved, a letter of approval authorizing the employment will be issued, with a new DS-2019, and an extension of program if needed.

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.

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

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)

Application Process

Complete Application for Curricular Practical Training (Law, Fuqua and MEM students must obtain a special form prepared by their schools, in lieu of Section III)

Job offer letter from employer that states: – Exact start and end dates– Physical worksite address(es) – Name of supervisor and contact information– Salary– Job title– Job description

Schedule appointment with designated International Student Advisor in DVS

Obtaining Curricular Practical Training Approval

Please bring to the SCHEDULED appointment:

1. Completed Application 2. Job offer letter3. Passport, all Form I-20(s), and I-94

*If all is in order, you will receive a new Form I-20 with CPT approval at the appointment.

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

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) 17-month STEM extension - additional OPT for

STEM majors (Science, Technology, Engineering and Mathematics)

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

Types of Employment allowed using Post-Completion Optional Practical Training

Paid Employment: Must be able to provide evidence showing employment of 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

Types of Employment allowed using Post-Completion Optional Practical Training (continued)

Self-Employed business owner: Student 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.

Is Employment related to Degree?

Students should maintain evidence for each job or the 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?

Schedule OPT appointment with your Int’l Student

Advisor

F-1 OPT Process

Read the Duke Visa Services (DVS) website

http://www.visaservices.duke.edu/TravelF1OptChecklist.html

Complete I-765, OPT application, and gather accompanying

materials

Issue new I-20 to

reflect “OPT Requested” on page 3

Int’l Student Advisor mails

OPT application to

USCIS

DVS receives Receipt Notice within 1 month

DVS receives EAD 2-3 months after

submission

Student notified by

Int’l Student Advisor email to pick up

EAD

Report employer information to DVS at http://

www.visaservices.duke.edu/F1.htmlAddressUpdate.html

Update changes in residential and employer address within

10 days.

Begin working on or after EAD start date

If traveling, submit job offer letter and New I-20 Request Form to DVS to obtain a new

I-20 reflecting “OPT approved”.

If traveling, obtain a travel signature

every 6 months from DVS.

KEY

= Student Responsibility

=Int’l Advisor Responsibility

= Dept. of Homeland Security Responsibility

How to apply for Optional Practical Training Form I-765 Optional Practical Training Application Recommendation letter from academic advisor $380.00 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 (must meet USCIS specifications) All I-20s Passport Visa stamp I-94 card 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 17-month STEM:

– must be filed before current EAD expires

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, obtain a travel signature on I-20

every 6 months

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 required.

Report changes of residential address, employer’s name and address, and change of status to DVS within 10 days

Travel signatures on page 3 of I-20 are valid for 6 months No expedited processing option for OPT applications

17-month STEM Extension

Eligibility:– Employer must be registered in E-verify (contact

Human Resources or Payroll)– Must be paid employment– 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 29 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 Students are allowed to volunteer,

incidental to their status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.

Volunteer Activities

Students cannot “volunteer” for positions that are normally paid positions. The following webpage provides detailed instructions on the issue:

http://www.visaservices.duke.edu/volunteer.html

What are my options after OPT?

Return to home country 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 F-1/H-1B “cap gap?”

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 October 1 start date for the H-1B takes effect. Applies only to “cap subject” employers.

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@mc.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!

http://www.visaservices.duke.edu/AcademicTrainJ1Students.html

http://www.visaservices.duke.edu/F1_CPT.html

http://www.visaservices.duke.edu/F1_OPT.html