Employment Workshop

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Office of International Programs

Union East Rm. 203 www.sa.utep.edu/oip oip@utep.edu

(915)747-5664

Off-Campus Employment

F-1 / F-3 students may work off campus in one of 3 ways:

1)

2)

3)

Curricular Practical Training

Economic Hardship

Optional Practical Training

What is Optional Practical Training (OPT)?

OPT is “temporary employment for practical training directly related to the student’s major area of study.”

 Employment is authorized for up to 12 months after studies are completed (*longer if eligible for 17-month extension)

What is Optional Practical Training

(OPT)?

 12 months of OPT is available for each degree level completed, provided you move from lower to higher degrees

 Current policy: students in certificate programs may also apply for OPT

Am I Eligible for OPT?

 Have valid F-1 / F-3 student status at the time of application

 Be a current UTEP student

 Have been enrolled full time or equivalent for one academic year at the time you would begin OPT.

 What is considered full-time?

Full-Time / Equivalencies

 Undergraduates: 12 hours / term

 Graduates (Master’s / Doctoral): 9 hours / term OR thesis OR dissertation

 ATCP, Certificate programs: 9 hours

 Part-time Border Commuters (Mexicans only): 1 academic course per term, renew I-20s on time

 Last term: reduced course load permission

OPT Eligibility

 Must be enrolled in at least one course in last term

 Must have less than 12 months of previous full-time

Curricular Practical Training (CPT) for current level of study.

 Will complete all coursework by the end of the current term

OPT Basics

 Allows employment on a full-time basis

Also, you must work at least 20 hours / week to maintain your status

You may work an unlimited number of hours

You can use your OPT anywhere in the U.S.—Do not use it in Mexico

Note: F-3 students are restricted to living in Mexico & commuting to the US on OPT

 Unpaid employment (volunteering) is permitted where it does not violate labor laws

Things to Think About

 Unlike CPT, you do not need to have a job offer before applying for OPT

 OPT can begin up to 2 months after the program end date.

 If you have a job offer already, this will help you choose your start date

 If you have no offer, or need a little extra time for thesis or dissertation, choose a later start date

Things to Think About

 Applying for OPT may result in a change to your I-20 expiration date (officially called your “program end date”)

New date will reflect graduating term (write this down!):

Summer 2013 graduates: Aug 6, 2013

Fall 2013 graduates: Dec 13, 2013

Exceptions: completing thesis / dissertation in the middle of a term (can use earlier date)

Things to Think About

 You are NOT authorized to work between your program end date and the start of OPT

 It is recommended to apply for OPT BEFORE you complete your program

 You may apply up to 90 days before completion

 You may also apply up to 60 days after program completion (but you may not be given a full 12 months of OPT)

Choices for OPT Start Dates

 Summer 2013 graduates: Aug 7, 2013 – Oct 5, 2013

 Fall 2013 graduates: Dec 14, 2013 – Feb 11, 2014

 These dates are dictated by the regulatory requirement that OPT must end no more than 14 months after degree completion.

Earliest Date to Apply

 Summer 2013 graduates: May 8, 2013

 Fall 2013 graduates: Sept 14, 2013

(These are the earliest dates you may mail your applications to US CIS; can submit paperwork to OIP

1-2 weeks prior to these dates)

While on OPT

 You can only have a maximum of 90 cumulative days of unemployment (throughout the entire year)

 You should be actively looking for a job!

 Report all employment / unemployment to OIP within 10 days of a change & every 6 months

 Don’t forget that volunteer work can count to maintain your immigration status

OPT Timeline –Spring Graduates

Jul 16 : deadline for Spring

Last

Semester of

Program

Feb 16: earliest you can mail app to US CIS (90 days before)

Program end date 5/17/2013

‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation

Jan Feb

US CIS processing

Mar Apr

Feb 1, 2013:

Student turns in app to

OIP ; chooses Jun

15 start date

Feb 8:

Packet ready to mail

Feb 16: student applies at earliest date; mails packet

Average 2 months processing time – receive card

May Jun Jul Aug

Possible OPT start dates:

5/18/2013 –

7/16/2013

3 months processing time

- receive card

June 15, 2013: Start working when you have the card in your possession

OPT Timeline – Spring Graduates

If you apply late

Last

Semester of

Program

Feb 16: earliest you can mail app to US CIS (90 days before)

Program end date 5/17/2013

July 16: deadline for

Spring ‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation-may not work yet!

US CIS processing

Jan Feb

Mar Apr

June 1, 2013:

Student turns in app to

OIP ; chooses July

10 start date

May Jun Jul

Possible OPT start dates:

5/18/2013 -7/16/2013

Jun 8:

Packet ready to mail

Average 2 months

(Aug) processing time

– receive card

Aug Sept

3 months (Sept) processing time

- receive card

OPT Timeline –Summer Graduates

Oct 5: deadline for

Last

Semester of

Program

May 8: earliest you can mail app to US CIS (90 days before)

Program end date 8/6/2013

Summer ‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation

Apr May

US CIS processing

Jun Jul

May 1, 2013:

Student turns in app to

OIP ; chooses

Sept 15 start date

May 8:

Packet ready to mail

May 8: student applies at earliest date; mails packet

Average 2 months processing time – receive card

Aug Sept Oct Nov

Possible OPT start dates:

8/7/2013 –

10/5/2013

3 months processing time

- receive card

Sept 15, 2013: Start working when you have the card in your possession

OPT Timeline – Summer Graduates

If you apply late

Last

Semester of

Program

May 8: earliest you can mail app to US CIS (90 days before)

Program end date 8/6/2013

Oct 5: deadline for

Summer ‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation-may not work yet!

US CIS processing

Apr May

Jun Jul

Sept 1, 2013:

Student turns in app to

OIP ; chooses Oct

5 start date

Aug Sept Oct

Possible OPT start dates:

8/7/2013 - 10/5/2013

Sept 8:

Packet ready to mail

Average 2 months

(Nov) processing time

– receive card

Nov Dec

3 months (Dec) processing time

- receive card

OPT Timeline – Fall Graduates

Feb 11, 2014 : deadline for

Last

Semester of

Program

Sept 14, 2013: earliest you can mail app to US CIS (90 days before)

Program end date 12/13/2013

Fall ‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation

Aug Sept

US CIS processing

Oct Nov

Sept 1, 2013:

Student turns in app to

OIP ; chooses Jan

15, 2014 start date

Sept 8:

Packet ready to mail

Sept 14: student applies at earliest date; mails packet

Average 2 months processing time – receive card

Dec Jan Feb Mar

Possible OPT start dates:

12/14/13 –

02/11/2014

3 months processing time

- receive card

Jan 15, 2014: Start working when you have the card in your possession

OPT Timeline – Fall Graduates

If you apply late

Last

Semester of

Program

Sept 14, 2013: earliest you can mail app to US CIS (90 days before)

Program end date 12/13/2013

Feb 11, 2014 : deadline for

Fall ‘13 grads to have application at US CIS; latest date to start

OPT clock

Graduation-may not work yet!

US CIS processing

Aug Sept

Oct Nov

Jan 10, 2014:

Student turns in app to

OIP ; chooses Feb

11, 2014 start date

Dec Jan Feb

Jan 18:

Packet ready to mail

Possible OPT start dates:

12/14/2013 –

02/11/2014

Average 2 months

( Mar ) processing time

– receive card

Mar Apr

3 months

( April ) processing time

- receive card

How to Apply

 Apply for graduation (must be in Goldmine)

 Complete the OPT request form:

 Start / end dates

 Turn in application to OIP

Meanwhile, you should:

 Complete Form I-765

( http://sa.utep.edu/oip/files/2013/06/4476_001.pdf

)

 Complete Form G-1145

( http://sa.utep.edu/oip/files/2013/06/g-1145.pdf

)

 Instructions to follow!   

START

HERE

SHOULD MATCH PASSPORT

YOUR VALID U.S. MAILING ADDRESS

MONTH/DAY/YEAR

If you do not have a SSN, leave section blank

USE I-94 #

Refers only to form, not to CPT or On-Campus Employment

NEVER FILLED OUT I-765, MARK HERE

ALREADY HAD OPT,

MARK HERE

CONT. #11

CONT. #11

DATE ON I-94

LAST CITY WHERE YOU ENTERED THE U.S.

STUDENT

STUDENT

C 3 B

N/A – Only for

OPT Extensions

YOUR SIGNATURE

N/A

YOUR PHONE NUMBER DATE

YOUR LAST NAME YOUR FIRST NAME

Your e-mail address (UTEP or other)

YOUR MIDDLE NAME

YOUR U.S. CELL PHONE NUMBER

How to Apply

 5 business days later, you will receive an e-mail from an advisor at OIP advising you whether or not you are eligible for OPT

 If you are, prepare the following:

 Check or money order for $380 payable to “Department of Homeland Security”

 2 U.S. sized passport photos (2” x 2”); write your name and I-94# on the back

How to Apply, cont’d…

 Return to OIP to review & sign your new I-20 and pick up the mailing instructions for your OPT packet

 Then, you will:

 Make copies of new I-20, I-94 front & back, visa & passport (bio page only)

 Attach original signed I-765, G-1145, photos & your payment of $380

How to Apply, cont’d…

 Mail your application to US CIS, using a traceable method

 If using US Postal service, use certif ied mail with return receipt

 Courier mail carriers (DHL, FedEx, etc.)

Sample of I-20 with OPT

Recommendation

OPT Deadlines

 Your OPT application must be received at the US CIS processing center NO LATER THAN:

 Oct 5, 2013 – Summer 2013 graduates

 Feb 11, 2014 – Fall 2013 graduates

 What does this mean?....

VERY IMPORTANT!

1. You must apply to the Office of International Programs

FIRST before you can mail your OPT application to US

CIS

2. You must allow AT LEAST one week for OIP to process your new I-20...PLUS, time for your OPT application to get from El Paso to Dallas, TX

VERY IMPORTANT!

OPT Application Deadlines at

OIP:

Sept 20, 2013 - OIP deadline for summer 2013 graduates

Jan 28, 2014 – OIP deadline for fall 2013 graduates

US CIS Processing

 Application received at lockbox facility; application is reviewed; checked for all documentation

 If something was not right with the application, a letter & your application will be returned within one week

 It is VERY IMPORTANT that your documents are received by US CIS within 30 days of the date

printed on the I-20; if you will be unable to do so, please see an advisor at OIP for further assistance

US CIS Processing

 If G-1145 was filed, student is notified

 Application forwarded to Texas Service Center

 Student will receive a “Notice of Action” in two to four weeks

US CIS Processing

 Application assigned to an officer for review and decision

 If approved, work permit is created (called

Employment Authorization Document, or “EAD” card)

 Card mailed to I-765 address

 Average processing time is currently approx. 2 months

 DO NOT begin to work until you have the card, on the start date (the date may have changed from the one you requested).

While Pending OPT Approval

 It is okay to travel within the U.S.

 VERY IMPORTANT: Are you not graduating as expected? Please see an advisor at OIP.

 After the last day of finals in your graduating semester, it is NOT okay to work, not even on campus

Once OPT is Approved

 OPT card arrives to address on I-765

 Contact OIP for the OPT Notification Form or print it from our website ( www.sa.utep.edu/oip )

 This form must be submitted to OIP in compliance with federal regulations; for reporting employment

OPT Card (EAD)

OPT EAD Card

 Official names: Employment Authorization

Document, EAD, Form I-766

 Notation on OPT card – “not valid for reentry”

 Is on every OPT card issued; means card by itself is not sufficient to reenter US; must have valid passport, visa &

I-20 to enter

 May reenter with card provided student has a job in the US

 http://www.ice.gov/sevis/travel/faq_f2.htm

After OPT is Approved

 Ask yourself: “Have I finished my degree?”

 If YES, then proceed to use your OPT to the full extent 

 If NO, then follow the instructions on the next slide…

Haven’t finished your degree?

See an advisor at OIP as soon as possible for detailed instructions

Unemployment During OPT

 If you have reached 90 days of unemployment:

You may not use your OPT permit to accept any offers of employment. The card is no longer valid.

Your choices may include:

 Beginning another academic program which starts within 5 months (must have I-20 by 90 th day)

Applying to change your visa status

Returning to your home country immediately

You do not have a 60 day grace period

How to Calculate OPT Unemployment

Example 1 http://www.timeanddate.com/date/duration.html

Unemployed from Jan 15 to Apr 15

Last day of

OPT on EAD

Jan 14, 2015

Jan Feb Mar

Apr

May Jun Jul

Aug

Jan 15, 2014:

Start date on

EAD card & no job

(unemployed)

Apr 15 last (90 th day) of permitted unemployment

Sept Oct Nov Dec Jan

How to Calculate OPT Unemployment

Example 2 http://www.timeanddate.com/date/duration.html

Last day of

OPT on EAD

Jan 14, 2015

Jan Feb Mar Apr

Jan 15, 2014:

Start date on

EAD card and first day of Job A

May

May 15:

Jun Jul

Aug

Sept Oct Nov Dec

How many days of unemployment are still available?

Jan

Answer: 90 Days

End of Job A

How to Calculate OPT Unemployment

Example 3 http://www.timeanddate.com/date/duration.html

Unemployed Mar 31 to May 1st

Unemployed July 31 st to Aug 14 th

Unemployed Oct 1 st to Nov 12 th

Last day of

OPT on EAD

Jan 14, 2015

Jan Feb Mar

Jan 15, 2014:

Start date on

EAD card and first day of Job A

Apr

May Jun Jul

90 – 32=

58 days of unemployment

Mar 30:

End of Job A

May 2 nd:

Start of Job

B

Aug

58– 15=

43 days of unemployment

Jul 30 th :

End of Job

B

C

Sept

Aug 15:

Start of Job

Oct

Sept 30 th

End of Job

C

Nov

43– 43=

0 more days of unemployment

Dec Jan

Nov 12 th Last

(90 th day of

Permitted unemployment)

Exit / Reentry to the U.S. on OPT

 Check your visa!!! :

 If you are going to Canada, Mexico or the Caribbean islands, you can re-enter the U.S. with an expired F-1 / F-

3 visa as long as your trip is 30 days or less (automatic visa revalidation)

 Exception: students from Iran, Syria, Sudan, North Korea or

Cuba

 If you are going to another country, you MUST have an unexpired F-1 / F-3 visa to re-enter the U.S.

Exit / Reentry to the U.S. on OPT

 When reentering the U.S.:

 You are still a student!!! If asked by an immigration official, remember that you are on practical training , and not “going to work.”

 The law requires proof that you are returning for purposes of practical training; therefore, you will need a job offer letter , copies of pay stubs , etc.

 It is not recommended to exit the U.S. after you have obtained your OPT card without such proof

While on OPT

 You can work as much as you like

 You can work at multiple jobs, but each job must be related to the degree you just completed at UTEP

 You can change jobs / companies

While on OPT

 If you are Mexican, it is fine to live in Mexico and cross for work in the U.S.

 If you have an F-3 visa OR applied for OPT with a parttime Border Commuter I-20, you must reside in

Mexico during your OPT

 Remember, you may only work in jobs related to the degree you just received

While on OPT

 Some graduate students wish to use the first part of their OPT to finish out their last month of a TA / RA appointment

 i.e. Fall graduate:

 program end date 12/13/2013, TA appointment is through

12/31/2013 if OPT approved by 12/14/2013 with start date of 12/14/2013, student may work from 12/14/2013 to 12/31/2013 as RA / TA

 This is okay as long as RA/TA is major-related

May I Use My OPT at UTEP?

 Yes, you may use your OPT to work at UTEP as long as the employment is directly related to your degree and you meet HR employment policies for employment

 You need to be hired into a regular staff / faculty position at UTEP OR be a volunteer

Special Considerations

 Duration of status: “grace period” is 60 days after program end date AND end of OPT

 Beginning an academic program at another level automatically cancels any remaining OPT

 Mexican students: do not use the OPT solely to live in the US; you must be working in US as well

OPT Reporting Requirements

 Students on OPT must now REPORT their employer / employer address to OIP

 Every 6 months, must confirm their employment with

OIP

 Must continue to report changes in residential address within 10 days of the change

OPT Extension

 Must have a STEM degree to qualify

 ONE-TIME extension of 17 months

 OPT extension allows more chances to apply for H-1b

 Allows U.S. employers to continue to hire skilled workers in fields with a shortage / in demand (science, technology, engineering & mathematics)

 Certificate programs = not eligible

OPT Extension

 Must be on 1 st 12 months of OPT to apply

 May apply up to 120 days prior to expiration of current

OPT

 Must reapply for OPT through OIP and pay the fee a second time ($380)

 Employer must be enrolled in E-Verify program

( www.uscis.gov/E-Verify )

 Employer must report if student leaves job

OPT Extension

 Student must report employment to OIP

 Student must apply for the extension prior to the

EXPIRATION DATE of the OPT EAD card

 Student allowed to keep working up to 180 days with old EAD until extension application is approved

 If extension is denied, then employment stops & 60day grace period begins

OPT Extension

 If you are out of town:

 Contact OIP, request OPT extension application & instructions e-mailed to you

Submit application to OIP via scan / e-mail

Wait 5 business days

OIP advisor will e-mail you scans of your new I-20, for your review

Once you confirm documents are correct, OIP advisor will mail the documents to you OR you can send a friend

/ signed letter to pick up for you

Transitioning to Employment Visas

 NAFTA / TN visa (“Trade National” visa):

For Mexicans & Canadians

Must have job offer to apply

*Select occupations*

Currently granted for 1 year, renewable

Non-immigrant visa

For info and job list, see www.travel.state.gov

The Office of International Programs is not able to provide formal advising in regards to work visas. This information is to provide a general orientation to work options in the U.S.

Transitioning to Employment Visas

H-1b visa

:

Employer sponsors student & pays fees

Filing period: starts April 1 st of each year (private); anytime of year for public institutions

Status / approval date begins Oct 1 st for private companies, on approval date for public institutions

 Must show student has skills that are hard to find among U.S. workforce

 Granted for 3 years, renewable another 3

 Cap (private sector employment only): 65,000 per year; addt’l 20,000 adv. degrees

H-1b Cap Gap Relief

 What is it? A way to bridge gap between end of OPT & start of H-1b status on Oct 1

 Only for students who are petitioned for H-1b for private sector employers

 Due to timing issues, only relevant for spring and summer graduates OR fall graduates applying for H-1b during OPT extension period

H-1b “Cap-Gap” Relief

 Students whose employers file the H-1b petition & request change of status on April 1 st and have an

RECEIPTED petition:

 Have maintained F-1 / F-3 status

 Can keep working between end of OPT and Oct 1 st

 Should request an updated I-20 from OIP

 This applies to any major

 If H-1b petition denied, then student must stop working once OPT ends & 60-day grace period begins

Important Question:

What documents do you submit to OIP to apply for the OPT recommendation?

Answer:

Only the OPT application form, nothing else!!!

Your Turn

Questions??????

For further information:

Ph (915) 747-5664

Union East building, 2 nd floor www.sa.utep.edu/oip oip@utep.edu

Revised 7/24/2013

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