Employment in F-1 Status

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Employment in F-1 Status Trinity University International Student & Scholar Services On campus? Off campus?

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Transcript of Employment in F-1 Status

Page 1: Employment in F-1 Status

Employment in F-1 Status

Trinity University International Student & Scholar

Services

On campus?

Off campus?

Page 2: Employment in F-1 Status

Employment in F-1 Status

On campus employme

nt

Off campus employme

nt

Severe Economic Hardship

International Organizations

CPT

OPT

Employment with a non-Trinity employer

Summer research opportunities

Institutional employment

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On Campus Employment Work on campus while enrolled in a full course of

study Institutional vs. work study Does not have to be related to major of studies Not guaranteed and limited to availability

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On Campus Employment Allowed to work part-time

(20 hours per week or less) during the semester and full-time (more than 20 hours per week) during official school breaks

On-campus employment must provide direct student services

Trinity University employers: Aramark and Barnes & Noble

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Examples of UnauthorizedEmployment

Babysitting House cleaning Translating texts for the local town

library Editing papers for other students online Working for outside companies Participating as a research subject

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Curricular Practical Training (CPT)

An internship, or co-op that is an “an integral part of an established curriculum”

Must be part of a student’s program of study, either required for completion or optional, but for academic credit

Most F-1 students are eligible for curricular practical training after completing 1 full year of academic study

Is job specific, if you change employers or employment terms, a new I-20 must be issued

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Curricular Practical Training (CPT)

May be part-time (20 hours per week or less) or full-time (more than 20 hours per week)

International students who participate in 12 months or more of full-time CPT are ineligible for OPT

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How to Get Curricular Practical Training (CPT) Approved:

Prove internship course registration for 0-3 credits

Internship policies vary by department Job offer letter that shows job duties, proposed

start and end of employment dates, salary, part-time or full-time employment and office location

Completed CPT recommendation form

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CPT Offer of Employment (Sample)

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I-20 (Page 3) of a CPT Student

• International students must receive SEVIS authorization from their DSO prior to starting employment (no USCIS application required)

• A new I-20 with CPT authorization will be issued• Free and quick processing• CPT authorization must be processed for both

paid/unpaid positions

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Optional Practical Training (OPT)

related to a student’s field of study and can occur during or after completion of a program of study

Does not have to be job specific

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Pre-completion

Rather uncommon Deducted from the post-

completion OPT time (12 months)

Must file a new petition each time and include processing fee

More difficult to establish a relationship with an employer in a short period of time

Could be a good option for STEM majors

Prepare well in advance

Post-completion

No need to wait for a job offer

USCIS must receive your application 120 days before or within 60 days after your official graduation date

The application process takes 2-3 months after the application is mailed

Prepare well in advance

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Optional Practical Training

Application components New I-20 processed by Trinity ISSS Copies of all previous I-20 form(s) Copies of all passport identity pages Copies of previous Employment Authorization

Documents (EAD cards) Money order for $380.00 payable to the US

department of Homeland Security Verification of enrollment with anticipated

graduation date from the Office of the Registrar (verifying major(s))

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Optional Practical Training Application components

2 recent passport-style photos on white background

electronic I-94 print out Your name and I-94 number must be printed

in pencil on the back of the photos Completed I-765 form Preferred beginning and end dates ISSS mails and monitors your OPT application.

You will receive scans of OPT petition submitted for your record keeping purposes, original Notice of Action documentation and an EAD card when it is received by our office.

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Choosing your OPT start date

Difficult to predict, but try to estimate strategically

Earliest start date: on or after the program completion date

Latest start date: 60 calendar days after the program completion date

You cannot begin working before you receive the EAD and you reach the stated start date

Dates cannot be changed after submitted, so think carefully

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Optional Practical Training (OPT) STEM

majors post-completion OPT students may be

eligible for a 17-month extension if they received a degree in a DHS-designated science, technology, engineering or mathematics field

What majors qualify? E-Verify

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OPT Reporting Requirements

Report any changes of official name, address, employer name and address, or loss of employment within 10 days of each change, throughout the OPT period

In addition, STEM extension students must report at 6- and 12-months after the start of the extension period

DHS may terminate the F-1 status of OPT students who do not fulfill all reporting requirements• part of the OPT update e-

form

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Definition of OPT employment

Paid employment of at least 20 hours per week

Unpaid employment (volunteer/unpaid internship) of at least 20 hours per week

Multiple employers Work for hire/1099

employment Self-employed business

owner (student should have evidence of proper business licenses)

Employment through an agency or consulting firm

The job must be directly related to the major(s) and educational level that is on your current I-20

You and the employer make this determination

You can change employers as long as each job is directly related to your current major and educational level

If you withdraw your OPT application, you lose the paid SEVIS fee

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Unemployment While on OPT

To maintain your F-1 status DHS requires that you limit days of unemployment during OPT

Students during the initial OPT period – maximum of 90 days allowed during the 12-month OPT period

Students with an OPT STEM Extension – an additional 30 days applies, for a maximum of 120 days allowed during the 27-month OPT period

It is crucial that you report all periods of employment to avoid unnecessary accrual of unemployment days

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International Travel While on OPT

Students on OPT must have the following to re-enter the U.S.: Valid, unexpired passport with an

expiration at least six months into the future

Valid, unexpired visa OPT I-20 (check that signature on

page 3 is valid) OPT EAD Proof of employment or evidence

of an active employment search

Homeland Security has indicated that a student may leave the U.S. while OPT is pending, but if the OPT is approved the student will need the EAD and proof of employment to re-enter.The ISSS recommends that students do not leave the U.S. while an OPT extension application is pending.

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After F-1? H-1B Cap Gap Relief

H-1B visa – work visa for skilled workers Because corporate H-1B visas begin on

October 1 and most students graduate in May or December, there is often a gap of time between the OPT end date and the H-1B start date

To remedy this, USCIS provides a temporary extension of F-1 status and work authorization while the H-1B petition is being processed

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H-1B Cap Gap Relief

This benefit is offered only from April 1 to October 1 and only in conjunction with a corporate H-1B petition that is pending or approved with an October 1 start date. The extension begins the day after the OPT EAD end date and ends on October 1

You can obtain a new I-20 that indicates this extension and remain F-1 until the H-1B start date

If your H-1B petition is denied or withdrawn and your OPT has ended, your status ends 60 days from the date posted on your denial/withdrawal

H-1Bs with nonprofit organizations do not follow these deadlines

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Employment based on Severe Economic Hardship

F-1 students suffering a severe economic hardship due to unforeseen changes in their financial circumstances

Eligibility: Be in F-1 status for one academic year Be in good academic standing On campus opportunities are unavailable or

insufficient to meet your needs Examples of circumstances: loss of financial

support or employment, medical bills, etc. Application processing – 2-3 months

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Employment Based on Severe Economic Hardship

Application: Form I-765 $380 fee (can request to waive the fee due to extreme economic hardship) Photocopy of I-20 form with your ISSS

adviser’s recommendation for economic hardship employment A letter describing your financial situation and supporting evidence Photocopies of passport/visa pages Photocopies of previous EAD pages (if applicable)

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Employment With an International Organization

You may work for a qualified international organization, as defined by the International Organization Immunities Act of December 29, 1945

If you have an offer from an employer on the List of International Organizations you may apply to the United States Citizenship and Immigration Services (USCIS)for an EAD

Application process: similar to the employment based on severe economic hardship’s application process

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Special Student Relief Aimed to relieve student coming from

countries suffering from temporary economic/ civil unrest

2012 – 2015: special student relief (SSR) benefits to F-1 students from Syria who are “experiencing severe economic hardship as a direct result of civil unrest”

Eligibility criteria On-campus benefits Off-campus benefits

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Contacts at Trinity

When considering an employment off campus, ask ISSS Advisor before pursuing

employment-- regulations often change and information from friends or family may not be accurate.  Homeland Security is increasingly

strict about employment violations. There can be severe penalties for working without proper permission, including exclusion from

the US for up to ten years. 

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International Student and Scholar Services

Email: [email protected] Website: http://web.trinity.edu/x9118.xml Facebook: http://facebook.com/trinityisss Inessa Stepanenko Assistant Director, International Student

& Scholar Services [email protected] (210) 999-7313