Work AuthorizationWork Authorizationforfor

F-1 & J-1 StudentsF-1 & J-1 Students

Work AuthorizationWork Authorizationfor F-1 & J-1 Studentsfor F-1 & J-1 Students

• ““Maintaining” status Maintaining” status • F1 Practical TrainingF1 Practical Training• J-1 Academic TrainingJ-1 Academic Training

““Maintaining your status”Maintaining your status”To maintain valid status To maintain valid status

F1 & J1 students must: F1 & J1 students must: • Enroll full timeEnroll full time• Update your address when you moveUpdate your address when you move• Keep your documents valid: extend I-20!Keep your documents valid: extend I-20!• Do NOT work off campus without Do NOT work off campus without

authorization authorization

F1 Off Campus F1 Off Campus Work AuthorizationWork Authorization

• After being enrolled full time for 1 full After being enrolled full time for 1 full academic yearacademic year

• Practical Training in your field of Practical Training in your field of study study – Curricular Practical TrainingCurricular Practical Training– Optional Practical TrainingOptional Practical Training

F1 F1 Curricular Practical Curricular Practical Training (CPT)Training (CPT)

• Must receive academic credit in a course Must receive academic credit in a course (such as NMI510) (such as NMI510)

• Or work must be a required part of Or work must be a required part of degree programdegree program

F1 F1 CPT Timing IssuesCPT Timing Issues

• May only be used May only be used beforebefore graduation, graduation, while still in degree programwhile still in degree program

• Usually, students work full time in Usually, students work full time in summer and take a course in the fall summer and take a course in the fall

• CPT will NOT effect OPT unless you CPT will NOT effect OPT unless you have 12 full months of full time CPThave 12 full months of full time CPT

F1 F1 CPT Application CPT Application ProceduresProcedures

• Must have job offer in order to applyMust have job offer in order to apply

• Pick up CPT application packet from the Pick up CPT application packet from the ISSO or download from our web site: ISSO or download from our web site: www.isso.cornell.edu

• Bring completed application to the ISSO at Bring completed application to the ISSO at least two weeks before you start workingleast two weeks before you start working

• MUST get work authorization prior to MUST get work authorization prior to working!!working!!

F1 F1 CPT AuthorizationCPT Authorization

• ISSO Advisor will issue you a new I-20 ISSO Advisor will issue you a new I-20 with work authorization on page 3with work authorization on page 3

F1 Optional Practical F1 Optional Practical Training (OPT)Training (OPT)

F1 F1 Optional Practical Optional Practical Training (OPT)Training (OPT)

• After being enrolled full time for 1 After being enrolled full time for 1 academic yearacademic year

• Practical training in your field/majorPractical training in your field/major

• NotNot employer-specific so you may employer-specific so you may change jobs during that yearchange jobs during that year

• You are still in F1 status while on OPTYou are still in F1 status while on OPT

F1 F1 OPT Timing IssuesOPT Timing Issues

• 12 months total per degree level 12 months total per degree level (but not cumulative)(but not cumulative)

• May be used before you graduate or after May be used before you graduate or after graduationgraduation

• Time used before graduation is deducted from Time used before graduation is deducted from the 12 months the 12 months

• There are two ways to extend OPT beyond the There are two ways to extend OPT beyond the 12 months12 months

F1 F1 OPT ApplicationOPT ApplicationProcedures: Procedures: Apply EarlyApply Early

• Do NOT need job offer to applyDo NOT need job offer to apply

• Pick up application from ISSO or download Pick up application from ISSO or download from our web site.from our web site.

• Bring completed application to the ISSO. Bring completed application to the ISSO. We will create a new I-20 and you will send We will create a new I-20 and you will send your application to USCIS.your application to USCIS.

F1 F1 OPT ApplicationOPT ApplicationProcedures: Procedures: Apply EarlyApply Early

You CAN apply:You CAN apply:

– No more than 3 months ahead of graduatingNo more than 3 months ahead of graduating

– No later than 60 days past graduatingNo later than 60 days past graduating

– Not more than 120 days before the start date Not more than 120 days before the start date you chooseyou choose

– The OPT cards are currently taking 3 months The OPT cards are currently taking 3 months to come to youto come to you

• May not start working until you receive the May not start working until you receive the EAD cardEAD card

• And may not start working until the start And may not start working until the start date listed on the EAD carddate listed on the EAD card

Program end date

05/30/2010

60-day grace period

7/30/2010

You choose your OPT start date—any day within the 60

days after you complete program

Example: 7/1/2010

12 months OPT

• Apply no more than 3 months before you graduate,

• Not earlier than 120 days before your chosen start date,

• And no more than 60 days after graduation!

• Also must send app within 30 days of getting I-20 from the ISSO

6/30/2011

Apply 3/1/2010

Your OPT Time-LineYour OPT Time-Line

• As you near the end of your OPT, there are As you near the end of your OPT, there are two possible ways to extend your OPT time:two possible ways to extend your OPT time:

• “ “STEM” extension (Science, Technology, STEM” extension (Science, Technology, Engineering or Math), orEngineering or Math), or

• “ “H1B Cap Gap” extensionH1B Cap Gap” extension

Extending OPT?Extending OPT?

• If you graduate in a “STEM” field (Science, If you graduate in a “STEM” field (Science, Technology, Engineering or Math—more Technology, Engineering or Math—more detailed list is available on our website)detailed list is available on our website)

• AND, your employer is enrolled in the “E-AND, your employer is enrolled in the “E-Verify” programVerify” program

• You will be eligible to apply for a 17 month You will be eligible to apply for a 17 month extension of your F-1 OPT (may only apply extension of your F-1 OPT (may only apply for this within 3 months of the end date of for this within 3 months of the end date of your first 12 month period of OPT)your first 12 month period of OPT)

One Time 17 month One Time 17 month extension of OPTextension of OPT

• May only apply for this within 3 months of May only apply for this within 3 months of the end date of your first 12 month period of the end date of your first 12 month period of OPT)OPT)

• ““one time” meaning you can only get this 17 one time” meaning you can only get this 17 month extension once… if you go back to month extension once… if you go back to school for a higher degree, you will have 12 school for a higher degree, you will have 12 more months of OPT but not another STEM more months of OPT but not another STEM extensionextension

One Time 17 month One Time 17 month extension of OPTextension of OPT

• If you are on OPT, If you are on OPT,

• and your employer applies for an H1B for and your employer applies for an H1B for you,you,

• And you get a receipt notice or an approval And you get a receipt notice or an approval noticenotice

• And your OPT ends prior to October 1And your OPT ends prior to October 1stst

• Your OPT will be AUTOMATICALLY Your OPT will be AUTOMATICALLY EXTENDED until October 1EXTENDED until October 1stst of that year of that year

H1B Cap Gap ExtensionH1B Cap Gap Extension

• You will be required to notify us of the You will be required to notify us of the following information while you are on OPT:following information while you are on OPT:

• your residential addressyour residential address

• your employer’s name and addressyour employer’s name and address

• your start and end date of every jobyour start and end date of every job

Reporting Requirements Reporting Requirements while you are on OPTwhile you are on OPT

• If you get the 17 extra months of OPT, you If you get the 17 extra months of OPT, you will be required to provide additional will be required to provide additional information:information:

• job title and your email addressjob title and your email address

• supervisor’s name and contact infosupervisor’s name and contact info

• 6 month updates of everything6 month updates of everything

Reporting Requirements Reporting Requirements while you are 17 month while you are 17 month

extension of OPTextension of OPT

• Only allowed a total of 90 days of Only allowed a total of 90 days of unemployment on 12 months of OPTunemployment on 12 months of OPT

• Only allowed a total of 120 days of Only allowed a total of 120 days of unemployment if you get the 17 month unemployment if you get the 17 month extensionextension

Limit on days you can be Limit on days you can be unemployed!unemployed!

For the first 12 months of OPT:For the first 12 months of OPT:

• Unpaid employment counts !!! (can be part Unpaid employment counts !!! (can be part time = 20 hours per week) e.g. research for time = 20 hours per week) e.g. research for your advisor!!!!your advisor!!!!

• ““Self” employment countsSelf” employment counts

What counts as What counts as Employment?Employment?

For the 17 month extension of OPT:For the 17 month extension of OPT:

• Must be “traditional” paid employment at Must be “traditional” paid employment at least 20 hours per week, working for an least 20 hours per week, working for an employer enrolled in e-verify.employer enrolled in e-verify.

What counts as What counts as Employment?Employment?

F1 F1 OPT & TRAVELOPT & TRAVEL

ONCE YOU HAVE APPLIED:ONCE YOU HAVE APPLIED:

• Can travel out of U.S. at spring break and re-Can travel out of U.S. at spring break and re-enter with usual F1 documentsenter with usual F1 documents

• After graduation or close to graduationAfter graduation or close to graduation, you , you MUST have either the OPT card OR the MUST have either the OPT card OR the receipt notice for your OPT applicationreceipt notice for your OPT application

• AND proof of employment in AND proof of employment in ADDITIONADDITION to to all the usual F1 travel documentsall the usual F1 travel documents

F1 F1 OPT & TRAVELOPT & TRAVEL

Documents required for travel while on Post-Documents required for travel while on Post-completion OPT:completion OPT:

• valid passportvalid passport

• current unexpired F-1 visa stamp (Getting a new F-1 current unexpired F-1 visa stamp (Getting a new F-1 visa can be a challenge on OPT!)visa can be a challenge on OPT!)

• I-20 signed within the last 6 monthsI-20 signed within the last 6 months

• EAD (OPT card) or receipt noticeEAD (OPT card) or receipt notice

• job offer letter or letter confirming current job offer letter or letter confirming current employmentemployment

F1 F1 OPT extensions & TRAVELOPT extensions & TRAVEL

Traveling while on the STEM extension… wait Traveling while on the STEM extension… wait until you receive your extended OPT carduntil you receive your extended OPT card

Travel while on the OPT “cap gap” Travel while on the OPT “cap gap” extension… very complex and need to extension… very complex and need to discuss the specific situation with your discuss the specific situation with your employer and Cornell at that time… employer and Cornell at that time…

F1 F1 OPT & TRAVELOPT & TRAVEL

DO NOT re-enter U.S. as a TOURIST DO NOT re-enter U.S. as a TOURIST (B1/B2 status) or any other visa status, (B1/B2 status) or any other visa status, or your OPT will be or your OPT will be invalidinvalid!!

• MUST ENTER AS F-1 STUDENTMUST ENTER AS F-1 STUDENT

J1 Work AuthorizationJ1 Work Authorization

• ““Academic Training”Academic Training”– For practical training in your fieldFor practical training in your field

– Either in summer vacation or after Either in summer vacation or after graduationgraduation

• Download or pick up application at Download or pick up application at ISSO ISSO

• Come to the ISSO to with applicationCome to the ISSO to with application

J1 Academic TrainingJ1 Academic Training

• ISSO issues you work authorization ISSO issues you work authorization letter for “Academic Training”letter for “Academic Training”

• Total time available is 18 monthsTotal time available is 18 months

• Additional 18 months may be possible Additional 18 months may be possible for postdoctoral research positionsfor postdoctoral research positions

Questions…?Questions…?

ASK US!ASK US!

Come to the ISSOCome to the ISSO

International Students & Scholars OfficeInternational Students & Scholars OfficeB-50 Caldwell HallB-50 Caldwell Hall

Hours: Mon, Tues, Thurs, Fri: 9:00-4:30; Hours: Mon, Tues, Thurs, Fri: 9:00-4:30;

Wed: 1:00-4:30Wed: 1:00-4:30

On the web: On the web: www.isso.cornell.edu

By email: isso@cornell.eduBy email: isso@cornell.edu