Employment of Emory and Non-Emory F and J Students for CPT, OPT and AT Wednesday, April 19, 2006 Presented by Office of International Student and Scholar Programs, Office of the Controller and Human Resources of Emory University
Students in F-1 Visa Status Curricular Practical Training Optional Practical Training Severe Economic Hardship
Curricular Practical Training (CPT)Definition • Required or optional employment for F-1 students *before* completion of their course of study. • 20 hours/week allowed during the academic year; full-time is allowed during the official breaks or summer • “Alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school.” [8 CFR 214.2(f)(10)(I)]
F-1 student at another institution whose academic advisor moves to Emory; student remains enrolled at old school, but is authorized to work at Emory through CPT F-1 student from another institution who is doing a required internship or co-op at Emory Curricular Practical TrainingExamples
Eligibility for Curricular Practical Training • Must be in legal F-1 status • Must be in good academic standing • Continuing in a full course of study • Authorization from Designated School Official (DSO) from student’s current school on I-20 form
Curricular Practical TrainingDocumentation • DSO at student’s current school will determine if job meets requirements of CPT • DSO notifies US Citizenship and Immigration Services (USCIS) through SEVIS that student will engage in CPT • SEVIS I-20 is generated with CPT authorization printed on page 3 • No further documentation needed from USCIS
Opportunity for F-1 students to work full-time in their field of study for 12 months (24 months part-time prior to completion of program) May be used before or after completion of the program of study (usually after) Optional Practical Training (OPT)Definition
Optional Practical Training (OPT)Definition ( cont’d) • May work part-time (20 hours/week) on OPT before completion of program; must work full-time after completion of program • Graduate level students may engage in full-time OPT after completion of coursework requirements • Applied for through USCIS, with DSO’s recommendation • Full-time OPT is not limited to number of hours, nor number of employers
Optional Practical Training (OPT)Eligibility • Must have maintained lawful F-1 status (full-time enrollment, no unauthorized employment) for one full academic year • May apply whether or not position has been offered
Optional Practical Training (OPT)Eligibility (cont’d) • Must complete all OPT within 14 months of date of completion of program • USCIS must receive application for OPT *before* program completion date • One 12-month period of OPT is available after each degree level
Optional Practical Training (OPT)Documentation • Student applies directly to USCIS for authorization, with DSO’s recommendation • If approved (generally after 90 days), USCIS sends student an Employment Authorization Document (EAD), or I-766
Optional Practical Training (OPT)Documentation (cont’d) • EAD will show dates of validity and type (Optional Practical Training; C031) • Recommendation for OPT and approval will show on page 3 of I-20 (completion date on page 1 of I-20 will not change)
Authorization is granted in one-year increments, but may be renewed yearly Off-campus Employment based on Severe Economic Hardship Definition • Opportunity for F-1 students who face unexpected financial difficulties to work off-campus • USCIS determines if student’s case warrants such permission
Off-campus Employment based on Severe Economic Hardship Definition (cont’d) • Work does not have to be related to field of study • 20 hours/week allowed during the academic year; full-time is allowed during the official breaks or summer • Only eligible during academic program • Example: GSU F-1 student is granted off-campus work authorization and takes a job at Emory University
Off-campus Employment based on Severe Economic Hardship Eligibility • Must have maintained lawful F-1 status (full enrollment, no unauthorized employment) for one full academic year • May apply whether or not position has been offered • Must be currently enrolled student
Off-campus Employment based on Severe Economic Hardship Eligibility (cont’d) • Must prove to USCIS that circumstances have arisen beyond his or her control • Use of Severe Economic Hardship work authorization does not affect CPT or OPT eligibility
Off-campus Employment based on Severe Economic Hardship Documentation • Student applies directly to USCIS for authorization, with DSO’s recommendation • If approved (generally after 90 days), USCIS sends student an Employment Authorization Document (EAD), or I-766 • EAD will show dates of validity and type (Severe Economic Hardship; C033)
J Student Employment J Students are a part of an Exchange Visitor Program. They have been invited to participate, and employment may or may not be a part of the program.
Exchange Visitor ProgramPurpose For cultural and educational exchange between the U.S. and citizens of other countries; Students are expected to learn and then return home to share their experiences.
Ways a J Student can work: • A letter from ISSP (or Program Sponsor) authorizing them to work in a specific ON-CAMPUS JOB at Emory • A letter from ISSP (or Program Sponsor) authorizing them to work in a specific job for the purpose of ACADEMIC TRAINING • An E.A.D. Card from USCIS authorizing them for economic hardship employment or J-2 employment authorization
On-Campus J Employment • On-campus work is NOT automatically granted to J students. • Each and every specific job must be authorized by the Program Sponsor of a J student. • The Program Sponsor is found on the Form DS-2019 under #2. If Emory, ISSP will write a letter authorizing the job.
On-Campus Employment J Rules • Limited to 20 hours per week while school is in session • Full-Time allowed during holidays and breaks • Weekly limit is a total of ALL employment
On-Campus J Eligibility • Must be in legal J status • Must be in good academic standing • Maintaining a full-course of study • Must have authorization from ISSP (Program Sponsor as indicated on Form DS-2019)
ACADEMIC TRAINING • Employment to fulfill an academic program requirement • Opportunity to fulfill an internship requirement, OR • To gain practical experience in the major field of study
ACADEMIC TRAINING Eligibility • A student in legal J-1 STUDENT status • Has a job offer related to major field of study • Has obtained written approval from Program Sponsor • Program ending date has not expired
ACADEMIC TRAINING Time Limit • Determined by the length of program, AND • By the program sponsor. • A student in studies for at least 18 months may obtain permission to work for the maximum amount: 18 months. • Post-docs can have 36 months total.
ACADEMIC TRAININGProcedure for Emory Student • Review eligibility requirements. • Obtain official job offer letter. • Have academic advisor complete the Academic Training Request Form • Make an appointment at ISSP. • Bring all documents to appointment.
ACADEMIC TRAININGProgram Sponsor NOT Emory • A non-Emory J-1 student must obtain written authorization from his current Program’s Responsible Officer. • The Program Sponsor’s Responsible Officer is usually someone in the International Office of that school or institution. • The official letter is the authorization.
Not Sure about Visa Status? • Ask the student for copies of any Immigration documents • Form DS-2019 (for Js only) • Visa in passport and I-94 card • Contact ISSP • Read our website:WWW.Emory.edu/ISSP/
Is the student authorized? Look for DS-2019 Dates of Program Letter of Authorization Job-Specific Specifically describes the job you offered the student. Who can I contact to be sure? Program Sponsor Find on the DS-2019 Might be Emory Can be another institution Contact person has signed the document under Responsible Officer signature line. Hiring a J-1 Student on Academic Training
What job can the student do on Academic Training? • Only the job as described in the authorization letter. • Job should be specifically related to the student’s major field of study. • An extra duty - unrelated to the student’s program could be perceived as illegal employment. • Student should contact the Program Sponsor for permission!
Can the student be full time? • Yes, but only if the authorization letter indicates full time. • If the letter does not specify, contact the Program Sponsor to clarify. • Sometimes, Academic Training is permitted while the student is studying. • If studying, then only part-time to 20 hours/ week is permitted.
Authorization from Program Sponsor is required Possible to get permission from Program Sponsor. Student should discuss options with Program Sponsor. May require a change of status to some other visa type. Contact ISSP What if I want to keep the student longer?
Hiring a J-2 (Dependent) • J-2 dependents can apply for authorization to be employed in any job. • Applications can be sent in to USCIS on their own. • Usually processed within 3-4 months. • Most often given 1 year. • Depends on the J-1’s time frame. • EAD card.
J-1 Economic Hardship • Very RARE! • Student in this situation are usually counseled first to see if the situation warrants an application to USCIS for employment authorization. • If approved, they will receive up to one year of authorization on an E.A.D. Card.
Contact ISSP for Assistance • Phone 404-727-3300 • Web www.emory.edu/ISSP • Dobbs University Center, Rm. 340e