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Work Options for Students & Dependents on J-1 & J-2 Visas
Marilyn Vogler, PhDImmigration Advisor
Associate Director, IPSSpring 2009
Employment Authorization – Some Basics
Unauthorized work can get both the visa holder and the employer in trouble.
“Authorized” means the work documents are in hand.
Visa holders must follow multiple sets of rules: Homeland Security, MTU, Career Center, Graduate School, Employer, & J-1 sponsor.
This PresentationI will discuss regulations applying
to J-1 students and J-2 dependents.
I will address only Homeland Security / USCIS rules – not Career Center, Graduate School, or External Sponsor rules.
I will not discuss consulting and other regulations for J-1 Scholars.
Whose Paperwork It Is Matters …The sponsor that created your DS-2019
continues to “do the necessary” regarding your visa records. Contact your sponsor to:◦Update address changes◦Update employer / unemployment◦Update visa status changes◦Get travel signatures on your DS-2019◦Request transfer of your SEVIS record if you
move to another institution
This sponsor may be Michigan Tech, but it may be someone else, e.g., Fulbright.
On-Campus Employment“On-Campus” means
◦MTU cuts the check (MTU or sponsor money)◦Agency, e.g., Argonne, sets up contract
through MTU to pay student for co-op or internship
Does not require any authorization beyond student status & normal employment forms
20 hours / week when school is in session
40 hours / week during breaks and vacation
On-Campus Employment
J-1 visa holders must get approval for on-campus employment from the Immigration Advisor prior to beginning work.
http://www.ips.mtu.edu/Forms/Immigration/J-student_employment_update.htm
Off-Campus EmploymentRequires authorization from or through
International Programs & Services (IPS)Authorization is formal – shows up on
the student’s immigration papers (DS-2019)
Can be full- or part-timeOff-campus means someone else cuts
the check◦Corporate, government, etc. employer◦Faculty with consulting business
Why work off-campus?
Try out employment in your majorEmployer gets to know you – some only
hire from co-op poolExperience other areas of the USEarn extra $$sLooks good on your resuméFollow family while you finish upNo courses that you need are being offeredUnforeseen Severe Economic Hardship Etc.
Types of Off-Campus Employment
For J-1 Students◦Academic Training◦Unforeseen Severe Economic
Hardship
For J-2 Dependents◦Employment Authorization
Document (EAD)
General Requirements – Academic Training
Employment may be called “co-op,” “internship,” “full-time,” etc.
Must be related to student’s program.Student may not change employers
May be in any field.Must not be used to support the J-1.Generally issued for 1 year at a time, but
may be renewed.Valid only as long as J-1 program is active
General Requirements – EAD for J-2
Academic Training is a promised benefit for which you can apply.
You can apply for jobs in your area of study and tell the employer that you ARE eligible to work in the US—you just have to complete the paperwork.
However, Economic Hardship authorization is not guaranteed or promised.
Do not tell an off-campus employer you are authorized to work at a job that is outside your major area of study until you have your authorizing DS-2019 in hand.
General Requirements – “Unforeseen Severe Economic Hardship”
Student must have been full-time student in US at least one full academic year
Does not need to be related to student’s program
20 hours per week during academic year40 hours per week when school is not in
session: breaks, vacations, summerRequires unexpected hardshipJ-1, filed with IPS like CPT
General Requirements – “Unforeseen Severe Economic Hardship”
To get student status you had to show the ability to pay for your education and support while in the United States.
But …◦Financial need beyond the student's control◦Unforeseen at the time the student applied
to the school he or she is currently attending
◦All other potential employment opportunities have proven to be insufficient
General Requirements – “Unforeseen Severe Economic Hardship”
Examples include “Loss of financial aid or on-campus employment
without fault on the part of the student,Substantial fluctuations in the value of currency
or exchange rate,Inordinate increases in tuition and/or living
costs,Unexpected changes in the financial condition
of the student's source of support,Medical bills,Other substantial and unexpected expenses."
Questions?
Is there a “bottom line?” … YES
You cannot, must not, MAY NOT work off-campus without authorization from the IPS Immigration Advisor
Any employer that hires you without authorization on your paperwork is paying you illegally.
Working illegally could jeopardize your future status in the US.
How do I know if I’m “authorized”?Registering for co-op credits does NOT
mean you have employment authorization.Sending off an I-765 application does NOT
mean you have employment authorization.Work Authorization must be recorded on
your DS-2019 (page 1), or on an EAD card, but …
You can apply for jobs in your area of study and tell the employer that you ARE eligible to work in the US—you just have to complete the paperwork.
How Do I Get Work Authorization?Check the IPS website:
www.ips.mtu.eduDetails vary, but in general …
◦Initiate job hunt◦Gather necessary paperwork◦Contact IPS to make an appointment
with the immigration advisor◦J-1 EAD form on the web (new)
About Academic Training
Sponsor who issued DS-2019 approves – doesn’t have to go to USCIS so there’s no fee
Available time differs with programRequires job offer in handRequires letter of support from
academic advisorStudent will receive new DS-2019
More About Academic Training
May requires processing through Career Center◦Completion of paperwork◦Registration for Co-op credit(s) fall
and springCan be done “same day” if
Michigan Tech is your sponsor
Economic Hardship Authorization or EAD for J-2
Authorization is granted by USCIS.◦IPS assists with the application
process.◦Approval takes 1-1/2 to 3 months.◦Having a job offer speeds up
approval.◦It costs the student $340 to apply.◦Student must provide extensive
documentation showing unexpected nature of the hardship.
Where to find information … www.ips.mtu.ed
u
Roles in the Authorization ProcessStudentAcademic Advisor (or J-1 Sponsor)Career CenterIPS Immigration Advisor
What the student needs to do:
Meet with academic advisor to get her/his approval or completion date
Search for a job at the Career Center, the job fair, on-line, etc.
Remember, the job must be related to your major unless you have an Economic Hardship EAD, but …
Student’s tasks (continued)Complete the required paperwork
for the Career Center and/or IPS – including signatures
Academic Training / Economic Hardship – make an appointment to see the IPS Immigration Advisor
Academic Advisor’s RoleS/he can help you decide
◦Which job offer to take◦How to meet the Career Center report
requirements◦How long you should work◦What semester(s) would be best
Your academic advisor’s approval is required for co-op, but …
Your advisor’s approval is not required for other off-campus employment.
Career Center RoleEmployment search assistanceEmployability skills training
◦Resumes, cover letters, mock interviews, etc.
Help with required paperworkVerify major-relatednessCollect student assignment
materialsAssign a grade (undergrad)
Your IPS Advisor will …Review all the documents &
paperworkCheck to see if you’re eligible to workIssue the appropriate DS-2019 with
work authorization noted Assist with preparation and mailing
of applications (Economic Hardship/EAD)
Helps track and follow-up on applications sent to USCIS
Questions?
While you’re waiting for approval card …
You may not start working until you receive DS-2019 or EAD.
Check the date on your card when it arrives.
You may not start working until the start date listed on the EAD card.
I received my EAD card!Email your IPS Immigration
Advisor (that’s me ) with the date that it arrived
Send a copy to the IPS office
Staying in Touch – MTU Email
Current practice is that your MTU email will remain active as long as you use/check it regularly.
Please check it at least weekly for IPS updates.
IF you have graduated, you may have your MTU email forwarded to another address: https://emailinfo.mtu.edu/docs/public/forward/index.html
After Academic Training
Academic Training → 30 days to leave, begin a new program, move to an H1-B etc.
H1-B → 10 days to leave or transfer to new employer
Some students apply for and get a “green card,” permanent residency.
Questions?
Where to find information … www.ips.mtu.ed
u