Employment Options for F-1 Students

Presented byKathryn Burden and Sharon WinslowOffice of International Students and

Scholars

The Basics of Visa Status

Visa versus Nonimmigrant Status Visa received at U.S. Consulate abroad Nonimmigrant Status determined by CIS/CBP

Maintaining Status Valid passport Valid Nonimmigrant document

(e.g., I-20, DS-2019, H-1B approval notice) Full-time student Proper work authorization Travel endorsement

Foundational Issues

Employment in the U.S. is a privilege, not a right

As an F-1, you declared an intention to return home

F-1 employment is designed to be temporary

Yet, it is possible to change or adjust your status in the U.S.

Off-campus Employment Options

Curricular Practical Training (CPT) To gain work experience related to degree

off-campus while a student Internships, Cooperative Education (CO-

OP)Optional Practical Training (OPT) To gain work experience related to degree Post-completion OPT after graduation Pre-completion OPT in rare circumstances

while a student (co-ops)

Curricular Practical Training (CPT)

Conditions Work must be directly related to major Work must be integral to program – CPT course

appears on plan of study How to Apply

Online workshop: http://www.iss.purdue.edu/cpt Follow-up session with Immigration Counselor ISS authorizes full-time or part-time CPT Apply during semester preceding requested CPT

CPT Limitations 365 days of full-time CPT eliminates

OPT CPT work must be within program

dates Bachelors and Masters Non-Thesis

students may not do CPT in final semester

Contact ISS before any unauthorized changes

Plan in advance how to use CPT and when to apply because follow-up sessions fill up quickly!

Optional Practical Training (OPT)

Conditions Work must be directly

related to major Report personal and

work-related changes to ISS while on OPT

Eligible for one year of OPT after each higher degree level

How to Apply for OPT Apply up to 90 days before end of degree

program Online workshop:

http://www.iss.purdue.edu/opt Follow-up session with Immigration Counselor ISS recommends student for OPT Student sends application to USCIS Wait for authorization

• Do not need a job offer to apply

• Apply EARLY

Image credit: University of Southern California

EAD Card

Image credit: Yale University

Travel on OPTTravel on OPT

Must have with you: Valid passport Valid F1 visa Valid EAD Current I-20 endorsed for

travel within 6 months Job offer letter

***Note: Be sure to check with your employer before traveling

abroad.***

Port of

Entry

“Is it risky to travel?”

***Authorization Dates***

Work only on dates authorized CPT – see I-20 OPT – see EAD

Note: Zero tolerance for unauthorized work!

I-20 or

EAD

H-1B EmploymentAn Overview Minimum qualifications “Specialty” occupation Employer specific and Site specific 6 aggregate years (3 year increments)

Possible 1 & 3 year extensions beyond the 6 years

Must obtain DOL and CIS approval Processing times

Regular vs Premium Processing

H-1B EmploymentThe Process

Compliance with Labor laws Wages (Actual and Prevailing) The LCA – “Labor Condition Application”

Compliance with Immigration laws The I-129 application

Department of State Applying for a visa at the US

Consulate or Embassy abroad

H-1B Employment Application Steps

SpecialtyWorker &

JobD.O.L.

DOLUSCIS

ApprovalKey issue:

CapProblemWages

© 1999 by David Schaumburg

H-1B Employment Visa“The Cap” Dates to remember

October 1 to September 30 = FFY April 1st – 6 month window

Numbers to remember 65,000 “New” H-1B’s each FFY

6,800 reserved for nationals of Chile (1,400) and Singapore (5,400)

20,000 ‘bonus’ allotment for graduates of US Master’s and Doctorate programs

H-1B Employment VisaThe “Cap” H-1B Cap lottery Strategizing around the “Cap”

One time STEM extension (if applicable) Exempt vs Non-exempt employers

Institutions of Higher Education Non-profit research organizations Government research organizations

Change to another visa status (J-1, O-1, L-1) Work in the company’s branch office overseas

The Cap Gap

Bridging the Gap

© 1999 by David Schaumburg

H1BOPT

Cap Gap

Other Employment Visa Status Options

J-1, Exchange Visitor Program J-2 may apply for an EAD card

L-1, Intracompany Transferee O-1, Persons of extraordinary ability TN, Trade NAFTA

H-1B Employment Visa;$$ Fees $$ USCIS fees

Base fee is $325.00 Anti-fraud fee is $500.00 $1,500.00 or $750.00 non-exempt training

fee Premium Processing is $1,225.00

Attorney fees Company vs outside attorney $3-5,000

Strategizing Together Know your employer

Are they exempt from the H cap?

Will they sponsor employment visas? Are they done in-house?

Do they have offices in other countries?

Know & build on your strengths

Know your Visa Options Understand the “Cap” and

timing issues

Things to Keep in Mind

Your visa status is your responsibility Be aware of deadlines and expiration dates Know the rules and regulations surrounding

your legal status Have a strategy in mind

Employment is the employer’s responsibility Know who is handling your case Provide all needed documents promptly Keep track on the processing of your

application

Important I.S.S. Information

http://www.iss.purdue.edu/

Location: Schleman Hall, Room 136

Phone: 765-494-5770Fax: 765-494-6859

Office Hours:Monday-Friday 8:00-5:00

Walk-in Hours:Monday, Tuesday Wednesday, Friday: 9:00-11:30 and 1:30-4:00Thursday:  1:30-4:00 onlyCounselors are only available during walk in hours, except by appointment.