maintain proper status

Maintain Proper Status

To be eligible for any kind of employment…

Remaining in Status(F-1)

• Attend school listed on your visa/I-20• Retain full-time academic status (3.5+ credits)• Do not leave the United States for more than 5 months• No unauthorized employment• Obey state and federal laws• Inform me of any changes w/in 10 days• When traveling, return in F-1 status• Make normal progress toward the completion of your degree. Apply

for program extensions/changes before the Program End Date on your I-20.

SEVIS

• SEVIS stands for Student and Exchange Visitor Information System.

• SEVIS “is a web-based system for maintaining information on international students and exchange visitors in the United States.”

• The mission of SEVIS is “to balance Homeland Security with facilitating foreign student and exchange visitor participation in America's outstanding academic and cultural exchange programs.”

SEVIS

• The Office of International Services is required to regularly report on the status of international students studying on F-1 and J-1 visas.

• The Office of International Services is required to regularly report on the status of international students studying on F-1 and J-1 visas.

SEVIS

Bottom Line

• If your status as a full time student at Vassar or any information on your I-20/DS-2019 is going to or does change, let me know immediately.

Attend school listed on your visa and I-20/DS-2019

That means Vassar, unless you are studying abroad or at a collaborative program in the United States

• Dropping below full-time status must be approved in advance by OIS.

• Exceptions to the full-time rule may be granted in some circumstances for medical reasons or due to academic difficulty.

Maintain status as a full-time student (3.5 VC credit hours)

Keep studying!

No breaks longer than 5 months for F-1 students.

NO unauthorized employment

Obey state and federal laws

Update my office within 10 days if there are any changes to your and/or your .

Update my office within 10 days if there are any changes to your and/or your .

statusI-20/DS-2019

When traveling, always return to the United States in

visa status.F-1/J-1

Enrollment in another school requires

a new I-20

• Transfer to another undergraduate school in the United States

• Transfer to a graduate school/ law school/ medical school in the United States

Duration of Status and Grace Periods

Duration of Status essentially means F-1/J-1 students are permitted to remain in the United States as long as they are pursuing studies as a full-time student and are taking all previously outlined steps to remain in status. Yes - this is a good thing!

Duration of Status and Grace Periods

F-1 Students are granted three grace periods:

• An F-1 student may arrive in the country up to 30 days before the program start date listed on the I-20.

• An F-1 student may remain in the country for 60 days following the program end date listed on the I-20, or the completion of study, whichever comes first.

• An F-1 student who has been granted an authorized early withdrawal by my office may remain in the country for up to 15 days following the date noted in SEVIS.

Students must finish - or apply for an extension of - their program of study by

the Program End Date

listed on the I-20/DS-2019.

Working in F-1/J-1Status

Basic Guidelines

• Must be maintaining proper status• Must be pursuing full course of study• Or, if during vacation, must be planning to

register for a full course of study• Maximum 20 hours/week during school• Maximum 40 hours/week during academic

breaks (winter/summer)

Employment in F-1 Status: The 3 Kinds

1. On Campus Employment2. Off Campus Employment3. Practical Training

On Campus Employment (F-1/J-1)

• Any work performed directly for school, including most campus jobs

• Any work for firms that directly provide services to students, such as Aramark*

• Work done at some off-campus locations, but treated as on-campus*

*With the exception of Aramark, check with me first before starting work in either of these categories.

On-Campus Employment, (F-1/J-1)

• Work limited by College policy while in session

• Can work full-time during vacation periods

• Can not work on-campus after completion of a course of study (includes Reunion), except as dictated by other forms of employment

Off Campus Employment

(F-1)

Three kinds:

• Severe, unforeseen economic necessity• Internship with International Organization• Special Student Relief program

Severe, unforeseen economic necessity

(F-1)• Must be in F-1 Status for at least one full

academic year• Can be either on or off campus• Limited to 20 hours week during class/FT

during vacation periods• Must demonstrate existence of financial

hardship “beyond the student’s control”• Granted by USCIS in 1 year increments

International Organization

(F-1)

• No waiting period• Must be a “qualified” intl organization• Can be PT or FT• Must have a written offer of

employment• Must apply to USCIS• Reality Check

Special Student Relief Program

(F-1)

• Must have been in F-1 status since June 10, 1998

Practical Training (F-1)

Two Kinds:• Curricular Practical Training• Optional Practical Training

Curricular Practical Training (F-1)

Definition

Curricular Practical Training is defined as “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 and which must be “an integral part of an established curriculum.”

Curricular Practical Training

What at Vassar Qualifies as CPT?

• Any course, department, or major that requires you to have an internship will qualify as CPT.

• Employment for a course specifically designed to award academic credit for an employment experience or employment that will result in the award of at least one course credit for an independent study may qualify as CPT.


More Eligibility Requirements

• Enrolment for at least one full academic year

• Employment must be in your area of study


Key Points About CPT

• Can be used in increments, but by definition cannot be used following the completion of studies.

• No maximum limit for part time CPT• If fulltime (more than 20 hours/ week) for 12 months or

more, student becomes ineligible for optional practical training

Curricular Practical TrainingHow To Apply

• Schedule a meeting with me at least a month prior to the date your proposed internship will begin.

• There are three components:– Letter of employment offer– Letter from academic advisor or department head that references

the internship you have obtained, how that internship is integral to your major field of study, and what you will need to produce in order to receive academic credit for this experience.

– Approval from Field Work office


• What’s good about CPT?

– No lengthy application process– No fee– Keeps your OPT eligibility intact– You get academic credit


• What are the limitations?

– There is no post-graduation CPT– Not every employment opportunity lends itself

to CPT – Approval is not automatic

Optional Practical Training

(F-1)

OPT Definition

Optional Practical Training is defined as “temporary employment for practical training directly related to the student’s major area of study.” Optional Practical Training is affectionately referred to as “OPT.”


General Eligibility Requirements

• Enrollment for at least one full academic year• Employment must be in your area of study• Can be used in increments, or all at once following

completion of studies


Applying for Standard OPT

• Plan to apply 3 months before your start date– Ex. Start date June 1; apply March 1– Ex. Start date for PT OPT Sept 15; apply June 15

• Plan to meet with me 1 week before the above date• NEW: It is possible to apply for Post-completion OPT

during the 60 days following your program end date


What You Will Do

• Fill out forms (I-538 and I-765)• Photocopy current and all prior I-20’s• Write a check for the current fee amount (now $340)• Submit two passport-style photos• Submit a copy of your transcript• Photocopy both sides of your I-94• Photocopy the ID and visa pages in your passport


Then What?

• We meet to confirm all pieces of the puzzle• I generate a new I-20 reflecting your OPT request• You mail your packet to Vermont• You get a receipt in about 10 days which allows you to track the

progress of your application• You may get the infamous blue letter, requesting new, additional,

and/or strange information• You get your EAD card, anywhere from 1 to 4 months after you begin

the process. Hurray!


STEM Extension OPT

• What is STEM?• STEM refers to a major in Science, Technology,

Engineering, or Mathematics.• STEM applies if you are a double major, and one or both

majors falls within one of the four categories• STEM handout


• STEM Extension OPT Eligibility– Completed a Bachelor’s degree in a STEM field– Currently engaged in Standard Post-Completion OPT– Have a job offer from an E-Verify Employer

• An employer in good standing who is registered with the new USCIS E-Verify Program

• Listing? Of course there’s no E-Verify employer listing! You didn’t think this was going to be easy, did you??!


Applying for STEM Extension OPT• Application process is similar to the Standard Post-Completion OPT,

with a few “extras.”– Copy of Transcript– Employer’s name as listed in E-Verify, along with valid E-Verify identification

number– Letter of employment

• Apply 90 to 120 days prior to the Standard OPT expiration date


STEM Extension OPT: Key Details• No more than 120 days of unemployment during the 29-

month OPT period• STEM employment begins one day after the expiration of

the Post-Completion OPT, and ends 17 months later, regardless of the date the STEM extension is approved.


STEM Extension OPT: Key Details, cont.• Can change employers, but the new employer must be an E-

Verify employer• Cannot travel while STEM extension is pending• Students must submit a validation report to this office every 6

months• E-Verify employers must report termination of employment

to this office


Travel and Post-Completion OPT

• If you leave the country following graduation and before your OPT is scheduled to start, you will ideally present upon re-entry:– A valid I-20– An unexpired EAD card– A letter of employment


More About Travel…

• If you leave the country following graduation and before your OPT is scheduled to start, and before you have received your EAD card, you should present at re-entry your I-765 receipt.

• You may also travel after your OPT has begun, provided you return within 5 months and present the documents specified on the preceding slide.


Changes to Standard OPT

• Changes to OPT start and end dates are not easily done• Cancellation of the OPT Application

– Must be submitted prior to issuance of the EAD card– Application fee will not be returned

• Job change is possible


While on Post-Completion Standard or STEM Extension OPT

• While on Post-Completion OPT, you are still considered by USCIS to be a Vassar student

• Accordingly, you are required to:– Notify OIS of your new address and any subsequent address changes– Have your I-20 signed at least once a year– Report employment information (name, address, interruption of employment) to

this office– We will be creating online forms to make all of this as easy as possible


Life After OPT…

• Within 60 days after completing Post-Completion OPT of either kind, you have several options:– Apply for a change of status in the United States (eg. H1-B)– Transfer to another educational institution– Depart – (Employment is not permitted during these 60 days)


Life After OPT…Cap-Gap Extensions

• Eligibility– You are on Post-Completion Standard or STEM Extension OPT– You are the beneficiary of a timely filed H-1B petition requesting a start date of

October 1

• More Info– You apply through this office for a Cap-Gap extension– This extension would automatically terminate should the H1-B petition be

rejected, denied or revoked– All aspects of H1-B applications should be done in consultation with the employer

and/or an immigration attorney


Life After OPT…the Cap-Gap Extension

• Within 60 days after completing Post-Completion OPT of either kind, you have several options:– Apply for a change of status in the United States (eg. H1-B)– Transfer to another educational institution– Apply for a Cap-Gap extension– Depart – (Employment is not permitted during these 60 days)

IMPORTANT!!!• For most types of employment, students

must have prior authorization by my office and/or USCIS.

• Failure to gain proper authorization will end F-1/J-1 status

UNAUTHORIZED WORK

Ramifications

• Being declared out-of-status is more than a nuisance; if unauthorized work is the reason, reinstatement will be denied.

• The process of applying for an H1B visa includes a review of all authorized and unauthorized employment. If there is a history of unauthorized employment, the visa will be denied.

• Example: a side job waiting tables in NYC while doing volunteer internships on Post-Completion OPT and waiting for “real” jobs to come. (Yep – that’s a royal pain!)

FAQ’s• Do I need a job offer to apply for standard OPT?• What if my degree completion date is delayed?• Where can I work?• Can I change jobs while on OPT?• Can I have more than one job while on OPT?• Once OPT is authorized by USCIS, can it be canceled?• Where can I get assistance in finding a job?

maintain proper status

Documents

fulltime status

fulltime student

fulltime academic status

visa status

attend school

foreign student

undergraduate school

united statesdropping