Immigration Regulations &
Working in the U.S.
Presented by the Office for
International Students and Scholars
103 International Center
Topics for today:
• F-1 on campus employment
• F-1 off campus employment including
curricular practical training (CPT) and
optional practical training (OPT)
• H-1B visa
• U.S. legal permanent residency
• Questions and answers
• You are responsible for your immigration
status; OISS will advise you on options
• Overview of some employment-related
options. Detailed information is available
on these issues.
• OISS advisers can help you with issues
related to your F or J status.
On Campus Employment
• F-1 students are allowed to work up to 20
hours per week during the academic year
and more than 20 hours while class is not in
session. (eg. vacation periods: winter break,
spring break, summer)
• No special permission required.
• Summer employment: 40hours and
overtime.
F-1 Off Campus Employment
• Curricular Practical Training (CPT)
• Severe Economic Hardship
• Optional Practical Training (OPT)
Curricular Practical Training
• Purpose of CPT is to complement study program
and provide opportunity to obtain work experience
in the field of study when in is required part of the
program or an integral part.
• Must be required in program; or
• Must be an integral part of an established
curriculum
• CPT authorization must be directly related to
course credit
More CPT
• CPT can be granted by OISS advisers
• Eligibility: Must have completed one academic
year in your program. One exception: graduate
students whose dept REQUIRES CPT earlier
• No limit to the maximum amount of CPT
• CPT is usually ½ time (20 hrs or less) during
school or full time (more than 20 hrs) in summer
• Caution: Lose OPT if you are authorized for 12
months of full time CPT
Severe Economic Hardship
• Purpose: earn money; not to get work experience
• Must have been in F-1 status one academic year
• Must demonstrate severe economic hardship that
resulted from an unforeseen circumstance and that
other employment options are not available or
insufficient…this is a very tough standard!
• Student applies to the USCIS office in Nebraska
• Application often takes 3 or more months
• Cost is $175.00
Optional Practical Training
• Allows students to gain work experience in
their field of study at their level of study
• Students can apply for 12 months of OPT
after each higher degree earned
• USCIS must RECEIVE the application
before the completion of your studies
• Application often takes 3 or more months
How can I work after OPT?
• OPT is the last benefit that you as an
individual have control over the petition
process
• Steps to remain employed in the U.S.
beyond OPT will require an employer to
sponsor you …. For H-1B and/or LPR
(legal permanent residency)
H-1B status
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Specialty occupation/min. requirements
Time Limits: 6 years
Must be paid at least the prevailing wage
Dual intent
Employer petitioner specific employment
H-4 dependents/no employment
H and individuals who are subject to 212(e)
More H-1B
• 65,000 cap per governmental fiscal year.
• Universities employees are cap exempt.
• First 20,000 US masters or higher education
graduates per fiscal year are cap exempt.
• Legal help is recommended to obtain the H
• Check with your employer or get a referral
to an immigration attorney.
H-1B Fees
• Attorney fees for obtaining an H vary an
estimate is $1,500 and up plus expenses
• $185 Form I-129 filing fee.
• $500 Anti-fraud fee.
• $750 or $1,500 Training fee (university
exempt).
• $1,000 premium processing fee (optional)
How can I stay in the U.S.
permanently?
•
U.S. permanent residency:
1. Employment based: Labor certification,
outstanding researcher or professor,
extraordinary ability (permanent/full time job
offer)
2. Family based: reunification, political asylum,
or marriage to US citizen or permanent
resident
3. Diversity Lottery
For More Information
• OISS website:
http://www.isp.msu.edu/oiss/
• OISS walk-in hours are 1 pm to 3 pm daily
Questions/Answers