F1 and J1 Work Authorization

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F-1 and J-1 Work Authorization

• Duke Visa Services
• Smith Warehouse
• 114 S. Buchanan Blvd
• Bay 7 1st Floor

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J-1 Academic Training (AT)
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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 students
  major field of study.

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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

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Obtaining Approval for Academic Training

• Student should make appointment with
  International Student Advisor 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 if an extension of program is needed.

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Academic Training summary

• Must apply before end of the J-1 students
  academic program.
• Social Security card is needed for employment.
• Must complete Form I-9 with employer.
• 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.

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F-1 Curricular Practical Training (CPT)
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What is Curricular Practical Training?

• Work Authorization benefit for F-1 Students
• Employment related to or required for Academic
  Program of Study

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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 students 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)

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Application Process

• Complete Application for Curricular Practical
  Training (Law, Fuqua and MEM students use special
  form prepared by their schools)
• Complete I-538
• Job offer letter from employer that states
• Exact start and end dates
• Physical worksite address
• Name of supervisor and contact information
• Salary
• Job title
• Job description
• Schedule appointment with designated
  International Student Advisor

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Obtaining Curricular Practical Training Approval

• Please bring to the SCHEDULED appointment
• Completed Application or Letter from School
• Completed I-538
• Job offer letter
• Passport, current I-20, and I-94
• If all is in order, you will receive new a I-20
  with CPT approval at the appointment.

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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 employment
• 12 months of full-time CPT eliminates OPT
  benefits entirely

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F-1 Optional Practical Training (OPT)
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What is Optional Practical Training?

• 12-month work authorization per each higher
  educational level
• Benefit of students F-1 status
• Related to students major area of study
• Pre-completion OPT-before graduation
• Post-completion OPT-after graduation
• 17-month STEM extension-additional time for STEM
  Majors (Science, Technology, Engineering and
  Mathematics majors)

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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

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Types of Employment allowed using Post-Completion
Optional Practical Training

• Paid Employment Student may work part-time or
  full-time before or after degree completion
• Multiple Employers
• Short-term multiple employers (performing
  artists)
• Work for hire Student performs a service based
  on contractual relationship

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Types of Employment allowed using Post-Completion
Optional Practical Training

• Self-Employed business owner Student must work
  full-time, have appropriate business licenses and
  engage in employment related to degree
• Employment through an agency Must be able to
  provide evidence showing employment of at least
  20 hours per week
• Unpaid Employment May work as volunteers or
  unpaid interns, where this does not violate any
  labor laws. Must provide evidence of employment
  of at least 20 hours per week

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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.

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What is the Application Process?
KEY Student Responsibility Intl Advisor
Responsibility Dept. of Homeland Security
Responsibility
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How to apply for Optional Practical Training

• Form I-765
• Form I-538
• Recommendation letter from academic advisor
• 340 check/money order made payable to U.S.
  Department of Homeland Security
• 2 passport size photos (must meet USCIS
  specifications)
• All I-20s
• Passport
• Visa stamp
• I-94 card
• Previous EAD (if applicable)
• Copy of students degree reflecting the conferred
  degree and major field of study (STEM extension
  only)

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When Should the Application be Submitted?

• Pre-completion
• up to 90 days before being enrolled for one full
  academic year, provided that employment doesnt
  start prior to completion of the full academic
  year
• up to 120 days in advance of requested employment
  start date if already met the one academic year
  requirement
• Post-completion
• 90 days before program end date and up to 60-day
  after end date
• 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

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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!!
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What Happens to Dependents?

• New I-20s will be issued to students dependents
  that reflect OPT approval dates of the student
• If traveling, obtain a travel signature on I-20
• every 6 months

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• No more than 90 days of unemployment from the
  start date on EAD. If this happens, the F-1
  status is no longer valid and departure from the
  U.S. is required.
• Report changes of name, local address, employers
  name and address, and change of status to Duke
  Visa Services within 10 days
• Travel signatures on page 3 of I-20 are valid for
  6 months
• No expedited processing option for OPT

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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 your 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
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Types of 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.

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Volunteer Activities

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

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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

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What about the H-1B visa?

• Temporary workers visa
• 65,000/year for cap subject employers
• Additional 20,000 for Masters degree or higher
• Earliest day for employer to file is March 31 for
  an H-1B (cap subject) to begin October 1
• Notify the International Office upon receipt of
  H-1B approval

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

• Occurs when an F-1 students 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 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.
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International Student and Scholar Advisors
(Clockwise from top right) Paul
Bumbalough Susan Stanton Annette Lindsay Mary
Schrot Lois Yelverton, Advisor and Associate
Director (not pictured)
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Questions

• For further assistance, please contact your
  International Student Advisor by phone or email.
  Duke Visa Services office
• is open Monday-Friday from 800am-500pm.
• Office Email visahelp_at_mc.duke.edu
• 300 Alexander Avenue
• Telephone [phone]

Paul Bumbalough, bumba002_at_mc.duke.edu Annette
Lindsay, annette.lindsay_at_duke.edu Mary Schrot,
mary.schrot_at_duke.edu Susan Stanton,
susan.stanton_at_duke.edu Lois Yelverton,
yelve004_at_mc.duke.edu
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Check out the Duke Visa Services Website!
http//www.visaservices.duke.edu/F1_OPT.html http
//www.visaservices.duke.edu/AcademicTrainJ1Student
s.html