Employment Options for F-1 and J-1 Students [ppt]

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Employment Options
for F-1 & J-1 Students
On-Campus
vs.
Off-Campus Employment
Definition of On-Campus Employment
Work done on school premises
UCB Paycheck
OR
Work done at certain “off-campus” locations
Educational affiliation with UC Berkeley
• Must be associated with established curriculum or
related to research projects on graduate level
F-1 On-Campus Employment
• Limited to 20 hours (50%) or less per week
during the semester
• Full-time (over 20 hours) allowed during the
semester breaks
• No special work authorization required
J-1 On-Campus Employment
On-campus work permit required for J-1 before
start of work
Permission required for each position and can be
granted in 12 month increments
Limited to 20 hours (50%) or less per week
during the semester. Full-time (over 20 hours)
allowed during the semester breaks
Your
Information
Your
department fills
this part
Bring to BIO –
we’ll do the rest
After three working days, pick up
authorization form with BIO advisor
signature
Form Available At:
http://internationaloffice.berkeley.edu/students/current/j-1/on-campus_employment
Off-Campus Employment
 F-1 & J-1 students always need employment authorization
prior to engaging in off-campus employment…
The good news is….
F-1 CPT and J-1 AT work authorization during your
academic program is granted by Berkeley International
Office
Optional Practical Training = F-1 students
Academic Training = J-1 students
Optional Practical Training & Academic Training
1. OPT
What is it?
Who is eligible?
When to apply?
2. OPT 90 day employment rule
3. Academic Training
Some students are a little nervous
about seeking this authorization….
I’m busy…
I’m nervous…
I’m….very afraid!
Curricular Practical Training (CPT)
F-1 students in status for more than 2 semesters
Requires credit enrollment in appropriate coursework
Must have a job offer and support of academic adviser
Job must be related to the major
Part-time during academic year; Full-time during breaks
12 months or more of full time CPT will cancel out OPT
Permission issued by Berkeley International Office
New I-20 issued after 3 days
Employment authorization on page 3
OPT – What Is It
12 months of employment authorization granted by USCIS
Job must be related to student’s field of study
Eligible for 12 months after each consecutive degree
To qualify, must be in valid F-1 status for 1 academic year
OPT – Who Is Eligible
F-1 students who:
Enrolled full time for 1 academic year
Have not done OPT for the same degree level
No job offer required to apply
Basic Steps
 Step 1: Read OPT Tutorial on BIO website
 Step 2: Complete OPT form with department
signature
 Step 3: Submit form to BIO
 Step 4: Pick up new I-20
 Step 5: Submit complete application to USCIS
OPT: Optional Practical Training
tutorial required to apply
OPT Application Timeline
Program
Completion
Date
First Day
to Apply
Final
Deadline:
OPT
Received
by USCIS
OPT must begin within 60 days
of program completion date
12/16/2011
9/17/2011
Apply to USCIS up to 90 days
before program completion
2/14/12
Apply to USCIS up to 60 days
after program completion
USCIS Processing Time: 3 months
OPT Choosing Start Dates:
Anytime within 60 days of completion
First
possible
OPT start
date
Last
possible
start date
Earliest
possible
OPT end
date
Last
possible
end date
12/17/2011
2/14/2012
12/16/2012
2/13/2013
EAD cards
produced after
2/14/2012 will be
valid for less
than 12 months
The University of
California at Berkeley
Berkeley International Office
Choosing Authorization Dates --Typical Scenarios
Scenario 1: Student with a job offer submits her OPT application early
On Feb.18, Xingyuan mails her application for OPT to the USCIS. She is completing her program on May 18 and chooses June 15 as the OPT start date
because she has a job offer beginning that day. She receives the EAD on May 1. Her employer is pleased to see proof of the work permission early even
though she cannot start working until June 15, as noted on the EAD. Xingyuan decides to go home for one month to celebrate her program completion.
OPT application
mailed to USCIS
EAD
received
program
completion
date
EAD start
date
12 months of OPT
travel home
Jan
18
Feb
March
April
May
1st
May
18
June
15
Scenario 2: Student with no job offer submits his OPT application rather late
George doesn’t have a job offer or time to search for one until after he finishes school. He chooses the latest date possible to start his OPT--July 17 --- which is the 60th day
after his completion on May 18. He knows that he will be legal to stay in the U.S. as long as he has submitted the OPT application on time. He finally mails his OPT
application on May 1. On July 17, George still hasn’t received his EAD, so he can’t work. George receives his EAD on August 1 and it expires the following year on July
16. George has lost 13 days of his 12 month OPT because his application was approved after the latest available OPT start date.
OPT application
mailed to USCIS
program
completion date
Jan
Page 10
Feb
March
April
May
1st
May
18
Requested start
date
June
15
July
17
EAD
received
August
1st
August
15
Traveling Abroad on OPT
Since you will remain in F-1 status during your 12-month OPT authorization period, traveling abroad and re-entering the U.S. as an F-1 is allowed (In fact, if
you re-enter in a status other than F-1, you will lose your OPT eligibility). However, be aware that any time you leave the U.S. , there is no guarantee that you
will be allowed to re-enter. Being denied entry is more probable for some people than others, although in general, UC Berkeley students have not reported
problems. To avoid problems, make sure you have the proper documents as listed here.
Documents Required For Re-entry to the U.S.
The travel documents you will need depend on the timing of your re-entry to the U.S.:
Before Completing Your Program
and
After Completing Your Program
and
After Completing Your Program
and
Before Getting Your EAD
Before Getting Your EAD
After Getting Your EAD
 A valid passport
A valid passport
A valid passport
 A valid F-1 visa stamp
A valid F-1 visa stamp
A valid F-1 visa stamp
 Your OPT I-20 with a valid travel
endorsement signed on page 3 by an
Adviser at Berkeley International Office
 Evidence of continued enrollment (e.g. printout from Bear Facts)
Your OPT I-20 with a valid travel
endorsement signed on page 3 by an Adviser
at Berkeley International Office. The travel
endorsement is valid for 6 months while on
OPT
Your OPT I-20 with a valid travel
endorsement signed on page 3 by an Adviser
at Berkeley International Office. The travel
endorsement is valid for 6 months while on
OPT
 Evidence of financial support
The OPT receipt- Notice of Action
The EAD (Employment Authorization
Document)
Evidence of financial support for the OPT
period is strongly recommended (such as a
bank statement or letter from sponsor or
employer)
If you have employment, a job offer letter
from the employer is strongly recommended.
Page 24
Evidence of financial support for the OPT
period is strongly recommended (such as a
bank statement or letter from sponsor or
employer)
A job offer letter is required.
Unemployment & OPT
 How much time is allowed for unemployment?
 90 days
 What counts as time unemployed?
 Clock starts on the first day of OPT authorization and ends with qualifying employment.
 How does travel outside the U.S. count as “time unemployed”
 If unemployed, yes
 If employed, no
 What happens if the student exceeds the period of unemployment?
 Exceeding 90 days is a violation of F-1 status unless:
 Requested a change of level or transfer from Berkeley International Office (prior to the 90-
day limit)
 Departed the U.S. and has noted the exit date on the OPT employer reporting web site
 Start volunteering 20 hours a week in a job related to your major (counts as employment)
Extending OPT beyond 12 months
H1B Cap Gap Extension:
•OPT automatically extended until 9/30 of the same
year if H1B is filed prior to OPT expiration
•Example: OPT expires 5/1/2012, H1B filed 4/1/2012
= OPT extended until 9/30/2012
STEM Extension:
•17 month OPT extension for Science Technology &
Math Majors working for E-Verify Employer
•Apply when 12 month OPT is within 4 months of
expiration
Academic Training (AT)
Eligibility
 18 months or length of program, whichever is shorter
*EAP Students*
 1 semester = 4 months of AT
 2 semesters = 9 months of AT
 Eligible after one semester
 Part-time during academic year; full-time during breaks
 Deadline to apply for Post-Completion AT:
 The day that you file your dissertation or complete your
program
Academic Training (AT)
How they Apply – and what YOU can expect
 For J-1 students sponsored by Berkeley:
 Drop
off your completed Academic Training Request
Form (see BIO website) at Berkeley International Office
 In
three working days, pick up your new DS-2019!
For more information on F-1
employment matters
Visit the Berkeley International Office website:
http://internationaloffice.berkeley.edu or
http://internationaloffice.berkeley.edu/students/current/f-1/employment
For more information on
J-1 employment matters
Visit the Berkeley International Office website:
http://internationaloffice.berkeley.edu or
http://internationaloffice.berkeley.edu/students/current/j-1/employment
Questions?
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