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Immigration Regulations & Working in the U.S.

Immigration Regulations & Working in the U.S. Presented by the Office for International Students and Scholars 103 International Center. Topics for today:. F-1 on campus employment F-1 off campus employment including curricular practical training (CPT) and optional practical training (OPT)

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Immigration Regulations & Working in the U.S.

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  1. Immigration Regulations & Working in the U.S. Presented by the Office for International Students and Scholars 103 International Center

  2. Topics for today: • F-1 on campus employment • F-1 off campus employment including curricular practical training (CPT) and optional practical training (OPT) • H-1B visa • U.S. legal permanent residency • Questions and answers

  3. You are responsible for your immigration status; OISS will advise you on options • Overview of some employment-related options. Detailed information is available on these issues. • OISS advisers can help you with issues related to your F or J status.

  4. On Campus Employment • F-1 students are allowed to work up to 20 hours per week during the academic year and more than 20 hours while class is not in session. (eg. vacation periods: winter break, spring break, summer) • No special permission required. • Summer employment: 40hours and overtime.

  5. F-1 Off Campus Employment • Curricular Practical Training (CPT) • Severe Economic Hardship • Optional Practical Training (OPT)

  6. Curricular Practical Training • Purpose of CPT is to complement study program and provide opportunity to obtain work experience in the field of study when in is required part of the program or an integral part. • Must be required in program; or • Must be an integral part of an established curriculum • CPT authorization must be directly related to course credit

  7. More CPT • CPT can be granted by OISS advisers • Eligibility: Must have completed one academic year in your program. One exception: graduate students whose dept REQUIRES CPT earlier • No limit to the maximum amount of CPT • CPT is usually ½ time (20 hrs or less) during school or full time (more than 20 hrs) in summer • Caution: Lose OPT if you are authorized for 12 months of full time CPT

  8. Severe Economic Hardship • Purpose: earn money; not to get work experience • Must have been in F-1 status one academic year • Must demonstrate severe economic hardship that resulted from an unforeseen circumstance and that other employment options are not available or insufficient…this is a very tough standard! • Student applies to the USCIS office in Nebraska • Application often takes 3 or more months • Cost is $175.00

  9. Optional Practical Training • Allows students to gain work experience in their field of study at their level of study • Students can apply for 12 months of OPT after each higher degree earned • USCIS must RECEIVE the application before the completion of your studies • Application often takes 3 or more months

  10. How can I work after OPT? • OPT is the last benefit that you as an individual have control over the petition process • Steps to remain employed in the U.S. beyond OPT will require an employer to sponsor you …. For H-1B and/or LPR (legal permanent residency)

  11. H-1B status • Specialty occupation/min. requirements • Time Limits: 6 years • Must be paid at least the prevailing wage • Dual intent • Employer petitioner specific employment • H-4 dependents/no employment • H and individuals who are subject to 212(e)

  12. More H-1B • 65,000 cap per governmental fiscal year. • Universities employees are cap exempt. • First 20,000 US masters or higher education graduates per fiscal year are cap exempt. • Legal help is recommended to obtain the H • Check with your employer or get a referral to an immigration attorney.

  13. H-1B Fees • Attorney fees for obtaining an H vary an estimate is $1,500 and up plus expenses • $185 Form I-129 filing fee. • $500 Anti-fraud fee. • $750 or $1,500 Training fee (university exempt). • $1,000 premium processing fee (optional)

  14. How can I stay in the U.S. permanently? • U.S. permanent residency: • Employment based: Labor certification, outstanding researcher or professor, extraordinary ability (permanent/full time job offer) • Family based: reunification, political asylum, or marriage to US citizen or permanent resident • Diversity Lottery

  15. For More Information • OISS website: http://www.isp.msu.edu/oiss/ • OISS walk-in hours are 1 pm to 3 pm daily

  16. Questions/Answers

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