Work Permits For F1 Students

1
Work Permits For F-1 Students

• USCIS Requirements For Obtaining
• Permission To Work On and Off Campus.

2
On-Campus Employment

• International Students in F or J Visa Status are
  eligible for On-Campus Employment
• Start job search early
• Obtain an offer letter from site of on-campus
  employment in order to get Social Security Number
  (SSN)
• Bring this letter to the Center for International
  Studies BEFORE trying to get a Social Security
  Number (SSN)
• Individuals with F-2 visa status are NOT allowed
  to work
• Individuals with J-2 visa status are eligible to
  apply to USCIS for Employment Authorization
  Document. See CIS for more information at
  Lawrence

3
On Campus Employment

• Student must be enrolled in a full course of
  study 12 Credits Undergraduate 8 Credits
  Graduate or provide documentation for a Reduced
  Course Load (RCL)
• Limited to 20 hours per week while classes are in
  session and 40 hrs./wk. during breaks and summer
  vacation
• In order to work in the summer term, students
  must show intent to continue student status
  through summer registration or upcoming fall
  registration

4
Off Campus Employment

• An F-1 Student may be authorized to work off
  campus after having been in F-1 status for one
  full academic year provided that the student is
  in good academic standing
• The employment authorization is automatically
  terminated whenever the student fails to maintain
  status

5
5 Types of Off-Campus Employment

• F-1 Visa Holders Only
• Severe Economic Hardship (SEH)
• Employment With an International Organization
• Curricular Practical Training (CPT)
• Optional Practical Training (OPT)
• J-1 Visa Holders Only
• Academic Training (AT)

6
Severe Economic Hardship (F-1 Visa Status)

• Financial need arises from unforeseen
  circumstances beyond students control
• loss of financial support or on-campus job
• substantial currency or exchange rate
  fluctuations
• inordinate increases in tuition and/or living
  costs
• unexpected changes in financial condition of
  sponsor
• medical bills
• Natural disasters or political instability such
  as war

7
Procedure for SEH

• Go to the CIS link for information
• http//www.stcloudstate.edu/internationalstudents/
  forms.asp
• This can take up to 90 days to obtain start
  early!

8
Employment with an International Organization
(F-1 Visa Status)

• Must have offer of employment from a recognized
  international organization as defined by the
  International Organization Immunities Act (59
  Stat.669)
• Must apply to USCIS
• Pick up forms and instructions at CIS

9
Curricular Practical Training/Internship(F-1
Visa Status)

• Must have been an F-1 Student for one academic
  year exception for Graduate Students with
  special circumstances (See DSO at CIS)
• Academic department must authorize the
  internship download form at http//www.stcloudsta
  te.edu/internationalstudents/forms.asp
• Must be an integral part of an established
  curriculum
• Both full time and part time CPT require course
  registration
• It is company and site specific, and therefore
  must have offer of internship from internship
  site
• Must get approval put on I-20 from DSO

10
Full time Part time CPT and the effects of CPT
on OPT

• Full time CPT anything more than 20 hours per
  week
• Part time CPT anything up to 20 hours per week
  student must carry full load 12 credits
  Undergrad or 8 credits for Grad
• If full time CPT is done for aggregate of 12
  months or more, it eliminates OPT
• Part time CPT does not affect eligibility for OPT

11
Optional Practical Training (F-1 Visa Status)

• An F-1 Student may apply for OPT up to 90 days
  prior to graduation and not before
• Application must be made to USCIS prior to
  graduation date or up to 60 days following
  graduation
• Processing could take up to 90 days apply early!
  
• No applications will be accepted after the 60
  days following graduation

12
OPT Continued

• Must have been in F-1 status full time for one
  academic year
• Cannot begin work until date indicated on
  Employment Authorization Document (EAD) and until
  the EAD is received
• OPT is authorized for total of 12 months and must
  take place within 14 months following program of
  study

13
OPT Continued

• Authorization for OPT is automatically terminated
  when the student transfers to another school or
  begins study at another educational level
• The DSO must recommend OPT
• OPT allowed after completion of each next highest
  level of study (Associate, Bachelor, Master, PhD)

14
OPT Extensions

• There are two ways in which your OPT can be
  extended
• H1B Cap Gap Extension
• 17 month STEM degree extensions

15
H1B Cap Gap Extensions for OPT

• While you are on your OPT, your company may want
  to sponsor you for an H1B Visa. This work visa is
  applied for in April of every year for most
  people. If your employer petitions the Department
  of Homeland Security to grant you the H1B visa,
  you may qualify for this automatic extension of
  your OPT until the H1B becomes valid.

16
H1B Cap Gap Extensions for OPT continued

• To qualify for the H-1B cap-gap extensions The
  student must be the beneficiary of an H-1B
  petition that
• has been timely filed
• that requests an employment start date of October
  1 of the following fiscal year and
• that requests a change of status
• The student must not have violated the terms or
  conditions of his or her F-1 status.

17
Evidence Required for Cap Gap Extensions

• For a properly filed H-1B petition A statement
  from the employer that the student is the
  beneficiary listed on a properly filed H-1B
  petition and proof of delivery to a USCIS Service
  Center showing the date of receipt.
• For a wait-listed H-1B petition A copy of the
  wait list letter from USCIS to the employer
• For a receipted or approved H-1B petition A copy
  of the Form I-797 and/or the I-797 receipt
  number.

18
Cap Gap Extensions continued

• Students on cap-gap extensions must continue
  to report all changes of name and address, and
  interruptions of employment, just like other
  students on OPT.

19
OPT Extensions 17 months for STEM Majors

• This rule allows F-1 students who are on a period
  of post-completion OPT approved after earning a
  bachelors, masters, or doctoral degree in a
  science, technology, engineering, or math program
  that is on the list of designated STEM degrees to
  apply for a 17-month extension of their
  post-completion OPT if they have a job or job
  offer from an E-Verify employer.

20
CIP Codes for STEM Degrees

• Classification of Instructional Programs (CIP)
  codes are published by the National Center for
  Education Statistics (NCES) and are used in SEVIS
  to designate a students major, secondary major,
  and minor. Certain CIP codes have been designated
  as STEM designated degrees.
• More information on NCES CIP codes is available
  at
• http//nces.ed.gov/Pubsearch/pubsinfo.asp?pubid20
  02165

21
E-Verify Employers

• An E-Verify employer is an employer currently
  registered and in good standing with the USCIS
  E-Verify program.
• Contact the Human Resources Department where you
  work to find out if your Employer is currently
  participating in this program.

22
When to file an OPT STEM Extension

• The student must ensure the Form I-765, the
  supporting evidence, and the fee payment reaches
  the proper USCIS Service Center before his or her
  current OPT expires. USCIS recommends that
  students file within 90 and 120 days of the
  expiration date of the current OPT.

23
The International Advisor the OPT STEM Extension

• The Designated School Official (DSO) must verify
  the students eligibility for the extension, make
  the recommendation in SEVIS if the school
  supports the students request, and print a Form
  I-20 showing the recommendation.

24
Fee for OPT STEM Extensions

• The fee is the current amount for filing a Form
  I-765, Application for Employment Authorization,
  as listed on the USCIS Web site. At the time this
  guidance was published, the fee was 340.

25
When does the Extension begin?

• If the student has properly filed for a STEM
  extension, the students period of STEM extension
  OPT starts the day after the expiration of the
  students original period of optional practical
  training.
• The student can work with an expired employment
  authorization document while a STEM extension is
  pending for up to 180 days.

26
Application materials

• The Center for International Studies has provided
  additional information and application materials
  for OPT STEM Extensions on their website
• http//www.stcloudstate.edu/internationalstudents/
  forms.asp

27
Travel Outside USA During OPT

• Students cannot travel outside the USA if an OPT
  STEM Extension is pending
• Students on 12 month post completion OPT who have
  not applied for a STEM Extension, we recommend
  the following
• Get travel signature on I-20 by DSO for
  travelvalid for 6 months or less only
• Carry a valid passport
• Have valid visa for re-entry
• Carry letter from employer stating student will
  return to finish OPT
• Carry Employment Authorization Document

28
Academic Training (J-1 Exchange Visa Status)

• Must see DSO for more information
• Set up an appointment by calling the Center for
  International Studies (CIS) at 320-308-4287

29
Questions?

• Contact the Center for International Studies at
  isss_at_stcloudstate.edu or call 320-308-4287 and
  ask to speak with a Designated School Official
  (DSO)