F-1 and J-1 Work F-1 and J-1 Work AuthorizationAuthorization

Duke Visa ServicesDuke Visa ServicesSmith WarehouseSmith Warehouse

114 S. Buchanan Blvd 114 S. Buchanan Blvd Bay 7: 1Bay 7: 1stst Floor Floor

J-1 Academic Training J-1 Academic Training (AT)(AT)

What is Academic Training?What is Academic Training?

Academic Training permits certain types of Academic Training permits certain types of study-related employment for J students.study-related employment for J students.

Flexible full and part-time employment Flexible full and part-time employment options are available.options are available.

Employment must be directly related to Employment must be directly related to student’s major field of study.student’s major field of study.

What are the Requirements?What are the Requirements?

Request for J-1 Academic Training FormRequest for J-1 Academic Training Form

Letter from employer that includes: Letter from employer that includes: – Exact start and end datesExact start and end dates– Physical worksite addressPhysical worksite address– Name of supervisor and contact Name of supervisor and contact

informationinformation– SalarySalary– Job TitleJob Title– Brief description of the goals and Brief description of the goals and

objectives of employmentobjectives of employment

Obtaining Approval for Obtaining Approval for Academic TrainingAcademic Training Student should make appointment with Student should make appointment with

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

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

Academic Training summaryAcademic Training summary

Must apply before end of the J-1 student’s Must apply before end of the J-1 student’s academic program.academic program.

Social Security card is needed for employment. Social Security card is needed for employment. Must complete Form I-9 with employer.Must complete Form I-9 with employer. Must maintain health insurance.Must maintain health insurance. Approval cannot exceed the length of time student Approval cannot exceed the length of time student

is approved for J-1 study or 18 months, whichever is approved for J-1 study or 18 months, whichever is shorter.is shorter.

Additional time may be available to Ph.D. students Additional time may be available to Ph.D. students beyond 18 months.beyond 18 months.

F-1 Curricular Practical Training F-1 Curricular Practical Training (CPT)(CPT)

What is Curricular What is Curricular Practical Training?Practical Training? Work Authorization benefit for F-1 Work Authorization benefit for F-1

StudentsStudents Employment related to or required for Employment related to or required for

Academic Program of StudyAcademic Program of Study

What are the Requirements?What are the Requirements?

Must have maintained F-1 status and have been Must have maintained F-1 status and have been studying full-time for at least one academic yearstudying full-time for at least one academic year

Employment must be part of academic program:Employment must be part of academic program:– Required part of student’s curriculum (Student Required part of student’s curriculum (Student

must provide appropriate documentation from must provide appropriate documentation from course catalogue)course catalogue)

OROR– Must be taken for credit if not a required part of Must be taken for credit if not a required part of

curriculum (Student must provide evidence of curriculum (Student must provide evidence of enrollment in the course)enrollment in the course)

Application ProcessApplication Process

Complete Application for Curricular Practical Training Complete Application for Curricular Practical Training (Law, Fuqua and MEM students use special form (Law, Fuqua and MEM students use special form prepared by their schools)prepared by their schools)

Complete I-538 Complete I-538 Job offer letter from employer that states: Job offer letter from employer that states:

– Exact start and end datesExact start and end dates– Physical worksite addressPhysical worksite address– Name of supervisor and contact informationName of supervisor and contact information– SalarySalary– Job titleJob title– Job description Job description

Schedule appointment with designated International Schedule appointment with designated International Student AdvisorStudent Advisor

Obtaining Curricular Practical Obtaining Curricular Practical Training ApprovalTraining Approval

Please bring to the Please bring to the SCHEDULEDSCHEDULED appointment:appointment:

1.1. Completed Application or Letter from Completed Application or Letter from SchoolSchool

2.2. Completed I-538Completed I-5383.3. Job offer letterJob offer letter4.4. Passport, current I-20, and I-94Passport, current I-20, and I-94

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

Curricular Practical Curricular Practical Training summary Training summary No cost to applyNo cost to apply Apply at least 2 weeks prior to start dateApply at least 2 weeks prior to start date Cannot work until CPT has been approvedCannot work until CPT has been approved CPT can be issued for part-time CPT can be issued for part-time

employmentemployment 12 months of full-time CPT eliminates OPT 12 months of full-time CPT eliminates OPT

benefits entirelybenefits entirely

F-1 Optional Practical Training F-1 Optional Practical Training (OPT)(OPT)

What is Optional Practical What is Optional Practical Training? Training? 12-month work authorization per each 12-month work authorization per each

higher educational levelhigher educational level Benefit of student’s F-1 statusBenefit of student’s F-1 status Related to student’s major area of studyRelated to student’s major area of study Pre-completion OPTPre-completion OPT-before graduation-before graduation Post-completion OPTPost-completion OPT-after graduation-after graduation 17-month STEM extension17-month STEM extension-additional time -additional time

for STEM Majors (for STEM Majors (SScience, cience, TTechnology, echnology, EEngineering and ngineering and MMathematics majors)athematics majors)

What are the Requirements? What are the Requirements?

Must have maintained F-1 status and have Must have maintained F-1 status and have been studying full-time for at least one been studying full-time for at least one academic yearacademic year

Employment must be related to field of Employment must be related to field of studystudy

Must not have used 12 months or more of Must not have used 12 months or more of full-time Curricular Practical Training (CPT) full-time Curricular Practical Training (CPT) at the same educational levelat the same educational level

Do not need a job offer to applyDo not need a job offer to apply

Types of Employment allowed using Types of Employment allowed using Post-Completion Optional Practical Post-Completion Optional Practical TrainingTraining

Paid Employment: Student may work Paid Employment: Student may work part-time or full-time before or after part-time or full-time before or after degree completiondegree completion

Multiple EmployersMultiple Employers Short-term multiple employers Short-term multiple employers

(performing artists)(performing artists) Work for hire: Student performs a Work for hire: Student performs a

service based on contractual service based on contractual relationshiprelationship

Types of Employment allowed using Types of Employment allowed using Post-Completion Optional Practical Post-Completion Optional Practical TrainingTraining Self-Employed business owner: Student must Self-Employed business owner: Student must

work full-time, have appropriate business work full-time, have appropriate business licenses and engage in employment related licenses and engage in employment related to degreeto degree

Employment through an agency: Must be Employment through an agency: Must be able to provide evidence showing able to provide evidence showing employment of at least 20 hours per weekemployment of at least 20 hours per week

Unpaid Employment: May work as volunteers Unpaid Employment: May work as volunteers or unpaid interns, where this does not violate or unpaid interns, where this does not violate any labor laws. Must provide evidence of any labor laws. Must provide evidence of employment of at least 20 hours per weekemployment of at least 20 hours per week

Is Employment related to Is Employment related to Degree?Degree?

Students should maintain evidence for each Students should maintain evidence for each job or the position held, proof of the duration job or the position held, proof of the duration of the position, job title, contact information of the position, job title, contact information for supervisor and a description of the for supervisor and a description of the employment. employment.

Request a signed letter from the supervisor Request a signed letter from the supervisor confirming the job is related to the degree if confirming the job is related to the degree if it is not clear in the job description. it is not clear in the job description.

What is the Application Process? What is the Application Process?

Schedule OPT appointment with your Int’l Student

Advisor

F-1 OPT Process

Read the Duke Visa Services website

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

Complete I-765, I-538, and gather

accompanying materials

Issue new I-20 to reflect

“OPT Requested” on page 3

Advisor mails OPT

application to USCIS

Duke Visa Services receives

Receipt Notice within 1 month

Duke Visa Services receives EAD 2-3 months after submission

Student notified by

Int’l Student Advisor email to pick up

EAD

Submit job offer letter to report employer information to Duke

Visa Services or to obtain a new I-20 that reflects “OPT

approved” on page 3 for travel.

Begin working on or after EAD start date

Report changes in residential and employer address to http://

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

within 10 days

If Traveling, obtain a travel signature

every 6 months from Duke Visa Services

KEY

= Student Responsibility

=Int’l Advisor Responsibility

= Dept. of Homeland Security Responsibility

How to apply for Optional How to apply for Optional Practical Training Practical Training Form I-765Form I-765 Form I-538Form I-538 Recommendation letter from academic advisorRecommendation letter from academic advisor $340 check/money order made payable to “U.S. Department $340 check/money order made payable to “U.S. Department

of Homeland Security”of Homeland Security” 2 passport size photos (must meet 2 passport size photos (must meet USCIS specificationsUSCIS specifications)) All I-20sAll I-20s PassportPassport Visa stampVisa stamp I-94 cardI-94 card Previous EAD (if applicable)Previous EAD (if applicable) Copy of student’s degree reflecting the conferred degree and Copy of student’s degree reflecting the conferred degree and

major field of study (STEM extension only)major field of study (STEM extension only)

When Should the When Should the Application be Submitted? Application be Submitted? Pre-completion:Pre-completion:

– up to 90 days before being enrolled for one full academic up to 90 days before being enrolled for one full academic year, provided that employment doesn’t start prior to year, provided that employment doesn’t start prior to completion of the full academic yearcompletion of the full academic year

– up to 120 days in advance of requested employment start up to 120 days in advance of requested employment start date if already met the one academic year requirement date if already met the one academic year requirement

Post-completion: Post-completion: – 90 days before program end date and up to 60-day after 90 days before program end date and up to 60-day after

end dateend date– may lose OPT time if the application is submitted during may lose OPT time if the application is submitted during

your 60 days grace periodyour 60 days grace period 17-month STEM: 17-month STEM:

– must be filed before current EAD expiresmust be filed before current EAD expires

What about travel? 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 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?What Happens to Dependents?

New I-20s will be issued to student’s New I-20s will be issued to student’s dependents that reflect OPT approval dates dependents that reflect OPT approval dates of the student of the student

If traveling, obtain a travel If traveling, obtain a travel signature on I-20signature on I-20

every 6 monthsevery 6 months

No more than No more than 90 days90 days of unemployment of unemployment from the start date on EAD. If this happens, from the start date on EAD. If this happens, the F-1 status is no longer valid and the F-1 status is no longer valid and departure from the U.S. is required. departure from the U.S. is required.

Report changes of name, local address, Report changes of name, local address, employer’s name and address, and change employer’s name and address, and change of status to Duke Visa Services within 10 of status to Duke Visa Services within 10 daysdays

Travel signatures on page 3 of I-20 are valid Travel signatures on page 3 of I-20 are valid for for 6 months6 months

No expedited processing option for OPTNo expedited processing option for OPT

17-month STEM Extension17-month STEM Extension

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

Human Resources or Payroll)Human Resources or Payroll)– Must be paid employmentMust be paid employment– Degree must be in a STEM field as defined by Degree must be in a STEM field as defined by

the Dept. of State CIP code list (see page 3 of I-the Dept. of State CIP code list (see page 3 of I-20 to find your CIP code)20 to find your CIP code)

– Must apply before current OPT expiresMust apply before current OPT expires

Not permitted to have more than 120 days of unemployment for the entire 29 months of OPT

Types of Employment for Types of Employment for STEM ExtensionSTEM Extension Must work at least 20 hours per week Must work at least 20 hours per week

for E-Verify employerfor E-Verify employer May work multiple jobs as long as all May work multiple jobs as long as all

employers are enrolled in E-Verifyemployers are enrolled in E-Verify Students are allowed to volunteer, Students are allowed to volunteer,

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

Volunteer ActivitiesVolunteer Activities

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

What are My Options after OPT? What are My Options after OPT?

Return to home countryReturn to home country Transfer to another degree programTransfer to another degree program Stop employment after the OPT end Stop employment after the OPT end

date. A 60-day grace period is date. A 60-day grace period is available to prepare for departure.available to prepare for departure.

Change non-immigrant status from F-1 Change non-immigrant status from F-1 OPT to another visa statusOPT to another visa status

What about the H-1B visa?What about the H-1B visa?

Temporary worker’s visaTemporary worker’s visa 65,000/year for cap subject employers65,000/year for cap subject employers Additional 20,000 for Master’s degree or Additional 20,000 for Master’s degree or

higherhigher Earliest day for Earliest day for employer to fileemployer to file is March 31 is March 31

for an H-1B (cap subject) to begin October 1for an H-1B (cap subject) to begin October 1 Notify the International Office upon receipt of Notify the International Office upon receipt of

H-1B approvalH-1B approval

What is the F-1/H-1B “cap gap?”What is the F-1/H-1B “cap gap?”

Occurs when an F-1 student’s status and work authorization will expireOccurs when an F-1 student’s status and work authorization will expire

in the present fiscal year before their approved H-1B employment willin the present fiscal year before their approved H-1B employment will

begin on October 1begin on October 1stst..

Good News!! The Cap Gap allows F-1 OPT students with an approved H-1B petition or receipt to continue working until the October 1 start date for the H-1B takes effect. Applies only to “cap subject” employers.

International Student and Scholar International Student and Scholar AdvisorsAdvisors

*(Clockwise from top right)

Paul Bumbalough

Susan Stanton

Annette Lindsay

Mary Schrot

Lois Yelverton, Advisor and

Associate Director (not pictured)

QuestionsQuestions

For further assistance, please contact your International Student For further assistance, please contact your International Student Advisor by phone or email. Duke Visa Services officeAdvisor by phone or email. Duke Visa Services office

is open Monday-Friday from 8:00am-5:00pm. is open Monday-Friday from 8:00am-5:00pm.

Office Email: visahelp@mc.duke.eduOffice Email: visahelp@mc.duke.edu

300 Alexander Avenue300 Alexander Avenue

Telephone: 919-681-8472Telephone: 919-681-8472

Paul Bumbalough, bumba002@mc.duke.edu

Annette Lindsay, annette.lindsay@duke.edu

Mary Schrot, mary.schrot@duke.edu

Susan Stanton, susan.stanton@duke.edu

Lois Yelverton, yelve004@mc.duke.edu

Check out the Check out the Duke Visa Services Website!Duke Visa Services Website!

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

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