F1 Employment Options

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F-1 Employment Options

• Lisa Ayala, University of Georgia
• Katie OBrien, Georgia State University
• Zeb Simpson, Georgia Institute of Technology

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Employment Options

• On Campus
• 8 C.F.R. 214.2(f)(9)(i)
• Off Campus
• Curricular Practical Training (CPT)
• 8 C.F.R. 214.2(f)(10)(i)
• Optional Practical Training (OPT)
• 8 C.F.R. 214.2(f)(10)(ii)-(iii), (f)(11)-(14)
• Severe Economic Hardship
• 8 C.F.R. 214.2(f)(9)(ii)

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Obtaining a SocialSecurity Number

• Requirements for an F-1 student to be eligible to
  apply for a social security number
• Current I-20
• MUST have letter of employment (job offer letter)
• Letter of support from DSO
• For more information http//www.gsu.edu/es/23048.
  html
• SSN application
• http//www.ssa.gov/online/ss-5.html

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On Campus Employment

• What is it?
• work on campus, contractual services,
• educationally affiliated.
• Eligibility Requirements?
• In status Not more than 30 days prior
• to start date
• Limitations?
• Hours 20 hrs per week during semester full-time
  during annual vacation semester and holidays
• Procedures?
• school procedures for on-campus employment
• Duration?
• Authorization is based on end date of I-20 or
  transfer date
• Proof of Work Authorization?
• Form I-20 and SSN

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On Campus Employment Review
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• An F-1 student may work at a Burger King on
  campus without USCIS approval.
• An F-1 student may work on campus more than 40
  hours per week during a school vacation.
• A recent F-1 graduate may continue to work on
  campus for the summer if he or she is leaving for
  home within 60 days of graduation.
• A full-time student who has two jobs on campus is
  allowed to work up to 20 hours per week for each
  job.
• A student who has been offered an assistantship
  may begin employment 30 days prior to the first
  day of class.

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F
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Curricular Practical Training (CPT)

• What is it?
• 8 C.F.R. 214.2(f)(10)(i) Curricular Practical
  Training
• (i) Curricular practical training programs. An
  F-1 student may be authorized, by the DSO, to
  participate in a curricular practical training
  program which is an integral part of an
  established curriculum. Curricular practical
  training is defined to be alternate work/study,
  internship, cooperative education, or any other
  type of required internship or practicum which is
  offered by sponsoring employers through
  cooperative agreements with the school. Students
  who have received one year or more of full-time
  curricular practical training are ineligible for
  post-completion practical training. Exceptions to
  the nine-month in status one academic year
  requirement are provided for students enrolled in
  graduate studies which require immediate
  participation in curricular practical training. A
  request for authorization for curricular
  practical training must be made to the DSO. A
  student may begin curricular practical training
  only after receiving his or her I-20 with the DSO
  endorsement.

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Curricular Practical Training (CPT)

• KEY POINTS
• Eligible after one academic year of full time
  enrollment.
• Can only be granted as a part of academic
  objective.
• Can be part-time or full-time.
• USCIS approval is not required DSO authorizes
  permission based on materials submitted by
  student.
• Student must maintain a full course of study
  during CPT employment.
• Use of one year or more of full time CPT
  eliminates eligibility of Optional Practical
  Training.

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CPT - Institution Policy

• Each institution may have a unique way of
  authorizing CPT based on degree requirements.
• In establishing an institution policy make sure
  all the necessary voices are at the table.
• Regulations
• Department degree requirements (required
  internship, etc.)
• Catalog / course credit
• Registrars Office
• Co-op Office / Internship office

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CPT Documentation

• Application Materials
• Job offer letter
• Company letterhead
• Job description
• Dates of employment
• Location of employment
• Hours per week
• Letter from advisor
• Curriculum Justification
• Required of program
• Class registration

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Authorizing CPT

• Enter employer address and PT/FT information into
  SEVIS
• How/Why is the Employment Curricular
• i.e. Training is required of Marketing Research
  curriculum.
• i.e. Training will enhance course work in the
  field of computer science.
• Print new I-20 and sign prior to employment start
  date
• CPT authorization will appear on the last page of
  the I-20

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(No Transcript)
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CPT Review

• A Designated School Official (DSO) may sometimes
  authorize curricular practical training after the
  student has completed the degree program.
• Approval for curricular practical training does
  not require an Employment Authorization Document
  (EAD).
• What is the maximum amount of time allowed for
  part-time curricular practical training?
• Can a student work for a curricular practical
  training employer other than the one listed on
  the Form I-20?

F
T
Unlimited
No!
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Optional Practical Training (OPT)

• What is it?
• Employment authorization in students field of
  study
• Can be either pre- or post-completion of academic
  program
• Eligibility Requirements?
• Eligible only after one full academic year in F-1
  status
• Limitations?
• Hours Pre-comp (part/full-time) or Post-comp
  (full-time)
• Pre-completion OPT deducted from 12 months
• Procedures?
• DSO recommends OPT via SEVIS. DSO prints I-20.
• I-765 and supporting docs are sent to USCIS
  Service Center for adjudication
• Duration?
• Up to 12 months per higher degree level 60 day
  grace period after completion date and after OPT
  end date
• Proof of Work Authorization?
• EAD

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OPT Continued

• Recommend OPT in SEVIS
• Enter start and end dates of OPT as stated by
  student
• Enter full-time or part-time OPT
• Employer information is not required for
  recommendation
• Print OPT endorsed I-20
• Application mailed to USCIS District Office
• (not more than 120 days prior to completion)
• Form I-765 (c)(3)(i) http//www.uscis.gov/files/fo
  rm/I-765.pdf
• Photocopy of OPT endorsed I-20.
• Must have students signature on I-20!
• New, original I-20 goes back to student
• Copies of Passport ID page, F-1 visa, I-94 (front
  and back)
• Copies of previous EADs (if applicable)
• 2 passport style photos
• Check/Money Order made payable to Department of
  Homeland Security for 340

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OPT Recent Changes

• April 8, 2008 New Rule in Effect
• KEY CHANGES
• Change in OPT filing deadline Now application
  must be received by USCIS by the end of the 60
  day grace period after completion of program.
• Reporting employer information in SEVIS
• Students are limited to 90 days of unemployment
  during the one-year OPT period. Students who
  receive the 17-month extension are allowed an
  additional 30 days, for a total of 120 days of
  unemployment.
• 17-month post-completion OPT extension for
  certain STEM graduates
• H-1B cap-gap extension of D/S and work
  authorization until October 1

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OPT STEM Extension

• STEM science, technology, engineering and
  mathematics
• STEM CIP Codes
• http//www.ice.gov/sevis/stemlist.htm
• 17 Month Extension Process
• Applicant completes a new I-765
• DSO issues updated I-20 recommending extension
• Only eligible one time
• Employer E-Verify participation is required

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H1B Cap Gap

• All F-1 students who are currently on OPT, have
  timely filed for an H-1B, and have a USCIS issued
  I-797 receipt from immigration will have their
  status and OPT work permission extended until the
  effective H1-B start date. No application is
  required.
• Students will need to have an I-20 with the
  extended dates if traveling out of the country
  during this time. At this time this requires
  opening a ticket with the SEVIS Help Desk.

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Travel while on OPT

• Necessary documents for re-entering the United
  States
• I-20 (with travel signature
• Valid F-1 visa
• EAD and job offer letter
• Obtaining a new F-1 visa while on OPT is
  unlikely. Students with expired F-1 visas should
  be cautioned

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Understanding and Explaining the updates to
post-completion OPT

• Utilize resources provided by the Department of
  Homeland Security
• SEVP Policy Guidance Document including FAQs
• http//www.ice.gov/sevis/updates_postcompletion_o
  pt.htm
• NAFSA website (great resource)
• http//www.nafsa.org/regulatory_information.sec/re
  gulatory_document_library.dlib/sevis/opt_29_month_
  rule
• How our institutions have approached the changes

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OPT Review

• Optional practical training requires the approval
  of the local Immigration office.
• Optional practical training may occur either
  during or after a program of study.
• What is the maximum amount of time allowed for
  optional practical training?
• How long must an F-1 student have been in status
  as a full-time student to qualify for optional
  practical training?

F
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12 months per higher degree level or 29 months
with STEM extension
One Academic Year
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Severe Economic Hardship

• What is it?
• employment authorization resulting from severe,
  unforeseen economic hardship due to unforeseen
  circumstances beyond the students control.
• Eligibility Requirements?
• F-1 status after one full academic year
• evidence of economic hardship, on-campus
  employment opportunities not available or
  insufficient, will not interfere with coursework.
• Limitations?
• Hours 20 hrs per week during semester
• full-time during annual vacation semester and
  holidays
• Procedures?
• DSO recommends via SEVIS. DSO prints I-20.
• I-765 and supporting docs sent to USCIS Service
  Center
• for adjudication
• Duration?
• One year intervals up to program end date or
  transfer
• Proof of Work Authorization?
• EAD

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Severe Economic Hardship

• Student must first document the circumstances
  causing this unforeseen event (e.g. loss of
  assistantship or death of sponsor).
• Student and DSO should document why on-campus
  employment opportunities are not sufficient.
• DSO should review documents and verify students
  eligibility for benefit.

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Severe Economic Hardship

• Recommend off-campus employment in SEVIS
• Enter start and end dates as stated by student
• Select type Economic Hardship
• Recommendation Severe Economic Hardship
  employment recommended in accordance with 8 CFR
  214.2(f)(9)(ii)(C)-(D). Other work options are
  insufficient to meet financial needs.
• Print Economic Hardship endorsed I-20
• Application mailed to USCIS District Office
• Form I-765 (c)(3)(iii) http//www.uscis.gov/files/
  form/I-765.pdf
• Photocopy of employment endorsed I-20.
• Must have students signature on I-20!
• New, original I-20 goes back to student
• Print out recommendation screen from SEVIS.
• Letters and documentation of hardship from
  student.
• Copies of Passport ID page, F-1 visa, I-94 (front
  and back)
• Copies of all previous I-20s
• Copies of previous EADs (if applicable)
• 2 passport style photos
• Check/Money Order made payable to Department of
  Homeland Security for 340

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Severe Economic Hardship

• Employment does not have to be related to field
  of study
• Employment does not count against OPT
• USCIS approval is required it can be denied!
• Check USCIS website for current processing times
  https//egov.uscis.gov/cris/jsps/Processtimes.jsp?
  SeviceCenterTCS

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How do you know that?

• www.nafsa.org
• Region VII CIPP-RR Assistants
• Regulation Resources http//www.nafsa.org/regulat
  ory_information.sec
• http//www.uga.edu/gaie/resources.html
• GAIE mentor program
• www.uscis.gov
• www.ice.gov
• www.ice.gov/SEVIS/FAQ.htm
• www.travel.state.gov

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Questions?
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Contacts

• Lisa Ayala, University of Georgia
• E-mail layala_at_uga.edu
• Katie OBrien, Georgia State University
• E-mail kobrien_at_gsu.edu
• Zeb Simpson, Georgia Institute of Technology
• E-mail zeb.simpson_at_oie.gatech.edu