Employment Authorization Options After Graduation

Optional Practical Training (OPT) and

Academic Training (AT)

Off-Campus Employment

F-1 & J-1 students always need employment authorization prior to engaging in off-campus employment.

After graduation, students have options through UC Berkeley:Optional Practical Training = F-1 studentsAcademic Training = J-1 students

The good news is….

Optional Practical Training & Academic Training

What is it?Who is eligible?When to apply?How to apply?

Some students are a little nervous about seeking this authorization….

I’m busy…I’m nervous…I’m….very afraid!

OPT – What is it?

12 months of employment authorization granted by USCISNo job offer required to applyJob must be related to student’s field of studyEligible for 12 months after each consecutive degree

OPT – Who is eligible?

F-1 students who:Enrolled full time for 1 academic year & in valid F-1 status at the time of applicationHave not done OPT for the same or higher degree level

Basic StepsStep 1: Read OPT Tutorial on BIO websiteStep 2: Complete OPT form with department signatureStep 3: Submit form to BIOStep 4: Pick up new I-20Step 5: Mail a complete application to USCIS

OPT Tutorial: Required to apply!

OPT Application TimelineDeadline:

OPT Received by USCIS

First Day to Apply

Program Completion

Date

12/16/2011 02/14/201209/17/2011

Apply to USCIS up to 90 days before program completion

Apply to USCIS up to 60 days after program completion

USCIS Processing Time: 3 months

OPT must begin within 60 days of program completion date

Submit OPT Request

Form to BIO

Choosing your OPT start dateThe start date is the day on which the Employment Authorization Document (EAD card) becomes validMust be within 60 days of your program completion dateChoose it carefully, NO CHANGES after you submit it to USCISIf approved after requested start date, the EAD start date will be the approval date

Choosing OPT Start Dates:Anytime within 60 days of completion

Last possible end date

First possible OPT start date

Last possible

start date

2/14/2012 2/13/201212/17/2011

Earliest possible OPT end

date

12/16/2012

EAD cards produced after

2/14/2012 will be valid for less

than 12 months

Choosing Authorization Dates –Typical Scenarios

Scenario 1

Scenario 2

Screen shot of required docs…

Required Application MaterialsRequired Application Materials Application Fee

$380

Personal check or money order made payable to “U.S. Department of Homeland Security”

Make sure there is a name and address printed on the check (do not use the “temporary checks” often issued by the bank when you open a new account).

Photocopies of Your:

1.New OPT I-202.All previous I-20s*

Make sure all your I-20s are signed before copying them.

Keep the originals for your records.

*Optional. We recommend you include these especially if you have used Curricular Practical Training (CPT).

2 Photos

OPT photos need to be a certain size. OPT Tutorial for details.

Write your name and I-94 number on the back of each photo in case they get separated from your application.

Form I-765

OPT Tutorial will give you instructions on how to download and complete this form.

Photocopy of I-94

This small, white card is usually stapled into your passport. Include a copy of both sides of the I-94, even though the back side may be blank.

Photocopy ofPassport &

Visa

Your passport biographical information page and F-1 visa stamp or copies of the front and back of past EAD cards.

Post-completion OPT for Continuing Grad Students

Available to grad students who only need to file their dissertationEligible to work full time before filing and held to the 90 day unemployment rule Finish degree before OPT ends

Before Completing Your Program andBefore Getting Your EAD

A valid passport A valid F-1 visa stampYour OPT I-20 with a valid travel endorsement signed on page 3 by an Adviser at Berkeley International OfficeEvidence of continued enrollment (e.g. print-out from Bear Facts)Evidence of financial support

After Completing Your Program andAfter Getting Your EAD

A valid passport A valid F-1 visa stampYour OPT I-20 with a valid travel endorsement signed on page 3 by an Adviser at Berkeley International Office. The travel endorsement is valid for 6 months while on OPTThe EAD (Employment Authorization Document)Evidence of financial support for the OPT period is strongly recommended (such as a bank statement or letter from sponsor or employer)A job offer letter is required.

After Completing Your Program andBefore Getting Your EAD

A valid passport A valid F-1 visa stampYour OPT I-20 with a valid travel endorsement signed on page 3 by an Adviser at Berkeley International Office. The travel endorsement is valid for 6 months while on OPTThe OPT receipt- Notice of ActionEvidence of financial support for the OPT period is strongly recommended (such as a bank statement or letter from sponsor or employer)If you have employment, a job offer letter from the employer is strongly recommended.

Documents Required For Re-entry to the U.S.

Traveling Abroad on OPT

Unemployment & OPTHow much time is allowed for unemployment?

90 daysWhat counts as employment?

At least 20 hours per week or full time in a job related to field of study.

Does travel outside the U.S. count as “time unemployed”?If unemployed, yesIf employed, no

What happens if the student exceeds the period of unemployment?

Exceeding 90 days is a violation of F-1 status unless:• Requested a change of level or transfer from Berkeley

International Office (prior to the 90-day limit) • Departed the U.S. and has noted the exit date on the OPT

employer reporting web site • Start volunteering 20 hours a week in a job related to your major

(counts as employment)

Extending OPT beyond 12 months

STEM Extension:

17 month OPT extension for Science, Technology, Engineering & Mathematics Majors working for E-Verify Employer

Apply when 12 month OPT is within 4 months of expiration

H1-B and OPT Cap-Gap Extension

H‑1B permits temporary employment (up to 6 years) Employer must submit a petition to USCIS for approval of the H-1B position. H-1B cap is the limit on the number of H-1Bs allowed each fiscal year. Currently, the cap is 65,000. Fiscal year begins on October 1. Employers are allowed to file an H-1B petition up to 6 months before the new fiscal year (April 1).

Extending OPT beyond 12 monthsA cap-gap extension automatically extends status to bridge the gap between the end of F-1 status and start of H-1B status.

2 possible scenarios: Extension of your OPT work authorization to

September 30th, 2011. Example: OPT expires on 5/1/2012, H-1B

filed 4/1/2012 = OPT extended until 9/30/2012Extension of your F-1 “duration of status.”

J-1 Academic Training

J-1 Work Authorization: “Academic Training”

Degree-seeking students:receive 18 months of Academic Training (AT)

*or*the number of months equivalent to the length of

the academic program – whichever is shorter.

EAP Students:1 semester program = 4 months of AT2 semester program = 9 months of AT

J-1 Work Authorization: “Academic Training”

Allows part-time employment during the academic year.

Allows part-time or full-time employment during breaks and after your academic program.

Additional info…

Receive a job offer before applying for Academic Training.

Have the Academic Training approval (your new DS-2019) in hand before beginning work.

You may have more than one job at a time.

Work may be paid or unpaid (volunteer position, internship, research project with a professor, etc.).

How to Apply for Academic Training?For J-1 students with UC Berkeley-sponsored DS-2019s:

Download the Academic Training Request Form from BIO website.

Complete the form and drop it off at BIO.

In three working days, pick up your new DS-2019!

For J-1 students with DS-2019s not sponsored by UC Berkeley:

Apply through your DS-2019 sponsor.

Apply for Academic Training your program completion date, which is:

For Undergraduates – the last day of your final exams in the semester you are graduating.*

For Graduates – the day you fulfill all your degree requirements; e.g., you pass your final exams or file your dissertation.*

For EAP students – the last day of your final exams in the last semester of your program.*

*This may or may not be the end-date shown on your DS-2019.

Begin working…No later than 30 days after your program completion date.

Social Security Number (SSN) What is it?

Allows the US gov’t to deduct taxes from your paycheck.Allows you to receive a paycheck.

It’s a lifelong number.

It is not a work permit.

Applying for Social Security Number (SSN)

Required Documents F-1 Students

J-1 Students

  Passport X X  I-94 X X  I-20 X    DS-2019   X  Employer’s Letter* X    Work Permit from sponsor

  X

*A template of the Employer’s Letter can be found on the BIO website. Bring your Employer’s Letter to BIO for a stamp and signature.

Applying for Social Security Number (SSN)

1. Gather docs listed on previous slide.

2. Complete application form SS-5 (direct link on BIO website).

3. Submit everything in person to the Social Security Office.

4. Social Security card will arrive by mail after 2 weeks.

5. Present Social Security card to employer.

6. Keep original card for your records.

For more information on F-1 employment matters

Visit the Berkeley International Office website:http://internationaloffice.berkeley.edu or

http://internationaloffice.berkeley.edu/students/current/f-1/employment

For more information on J-1 employment matters

Visit the Berkeley International Office website:http://internationaloffice.berkeley.edu or

http://internationaloffice.berkeley.edu/students/current/j-1/employment

Questions?