Is it possible for foreign students to do work in the U.S.A.?
Yes, there exist four different employment groups for the F-1 visa holder student. The rule stipulates under Title 8 of Code of Federal Register, Part 214, that the foreign students who are on F-1 visas are entitled to "practical training".
What you mean by practical training?
The practical training permits foreign students to agree to paid employment in U.S. Practical training ought to permit the international students to attain experience in the domain of their study, which they could generally not access in their native country.
Who are all entitled?
Any foreign student who has joined in a U.S. college or a university and who possess an F-1 visa are able to make application for Optional Practical Training.
When a student is able to get involved in Optional Practical Training?
Students can start the practical training after completing their degree stipulations.
What is the duration of practical training?
Students who hold the F-1 visa status are entitled to a full-time practical training for 12 months period after completing their studies.
By what manner the students access the practical training?
The applications for the practical training are submitted by the student. Moreover, the students should get a reference from the office of International Students and Scholars located in their college or their university and an approval from the Citizenship and Immigration Services (CIS).
How does job provider come to know whether a student is entitled for employment?
Foreign students (Holding F-1 Visa) who have received the sanction for Optional Practical Training ought to hold the ensuing documents:
· An approved passport
· A student copy of Form I-20 ID, having the reference from the official of the Designated School (DSO) on the 3rd page.
· A valid Employment Authorization Document (EAD). The EAD (Form I-766), which is a plastic-coated, photo I.D. card given by the Immigration clearly indicating the dates of approved employment.
What should the job provider supposed to do?
The job providers must examine that the foreign student holds a valid Employment Authorization Document (EAD). Once the job is assigned, the foreign students must fill up the general forms:
· The I-9, Job Verification Format
· The student needs to fill up the upper section of this format by making use of the last date of the EAD card for the date of expiration of consent to do the work.
· The W-4, Certificate for Employees Withholding Allowance
· The foreign students are bound by the Federal as well as State income tax and hence, they are liable to withhold tax. If the worker is non-resident for the purpose of tax, make use of the extraordinary rules that are printed on the format while filling up the W-4.
Once I have made an application for OPT, can I make a travel outside U.S. when I await for the EAD card to be received?
The USCIS at this juncture specifies that you can undertake a travel when your OPT is awaited so as to come back and look for job. Yet, this explanation is a shift from the earlier operating guidelines. The recommendation of ISS is that you must not undertake a travel outside the U.S. when your application for OPT application is awaited. In case it is urgent for you to do so and should travel, it is not certain how it be risky.
Is it possible for me to travel when on OPT along my EAD and pursue my search for employment after reentry?
USCIS has stipulated that in case your OPT is approved, you have accessed your EAD and you leave U.S. prior to getting an employment, your OPT is ended and you are not likely to reenter U.S.
The USCIS amended the earlier operating guidelines and have lessened the explanation of the rules 8 CFR.214.2 (f) (13) (ii) to specify that you ought to reenter U.S. to “continue your employment”.
ISS stoutly suggests that you must not undertake a journey unless there exists an urgent situation that warrants your travel or you possess a letter certifying that your are employed nor have an offer for employment. Moreover, this is a shift in the interpretation and hence, it is not clear as to whether your entry will be taken in to account at your entry point.
Is it possible for me to get more OPT in case I shift to another degree program?
A: Yes. If you start a fresh degree program of higher level (i.e. Bachelor degree to Masters or Masters Degree to Ph.D.) program, you will be entitled to an extra 12 months period of OPT as indicated above. However, you are only entailed to one block of 17 month extended OPT.
Q: When is it possible for me to work under OPT?
A: Only once after you access the OPT job document (“Employment Authorization Document”) given by the office of immigration service, and the effectual start date given on the work document has been attained.
Q: Can I remain unemployed when got approval for OPT, and still remain in the U.S. legally?
A: The latest rules published on the 8th of April 2008, restrict the periods of unemployment while post-completion OPT. At present, the F-1 status is reliant on employment, adhering to the ensuing parameters:
Students must not accumulate a total of over 90 days of joblessness while any kind of post-completion OPT done under the beginning 12-month of post-completion OPT approval.
Students who are given a 17-month OPT addition may not accumulate a total of over 120 days of joblessness.
Q: How many months are I eligible to stay in U.S. following my post-completion OPT closing date finishes?
A: A grace period 60 day is given to you after the close of you’re OPT time period, if not you have expanded the F-1 status for a different degree program, or your application is pending for a change of your status on immigration to another category.
What all documents should I require to make reentry to the U.S. with a recognized OPT?
You are required to have your I-20 authorized on the page 3 by a staff member of ISS, the valid Employment Authorization Document (EAD), an approved visa, in addition to a letter certifying an employment offer.
What if I have some period of time remaining in my student program? Can I make a travel at that period, although my I-20 indicates that I have got approval for OPT but the application for OPT is still awaited from the CIS?
Yes, but you should be coming back in the capacity of student to fulfill the academic obligations. For instance, a student who has made an application for OPT in the month of May is admitted in summer, but who fails to graduate till the month of August, may still be able to make a travel in the capacity like a student till the date of their graduation. ISS suggests that you make a travel with an authority letter that indicates to prove that you still are a student in summer.
What if my visa in the passport has ended, but I require traveling outside U.S. when I am on OPT. Is there any risk of refusal of yet another F-1 visa?
Yes, there is every possibility of a risk of refusal. The threat is more when you are in a lively student status, because your status is now employed instead of going to a school. The F-1 student visa needs that the candidate should propose to come back to the native country at the close of program, and in case the visa issuing authority is not certain of your intent to come back home, the application for visa could be refused.
You are required to obtain an approved passport, currently certified I-20, EAD card, and a letter certifying an offer of job indicating your remuneration, place, employment duties, and commencing date. Also, you ought to be ready to interact on how the employment experience will relate to an employment in your native country and how you wish to make an application for it.
What if job provider would like to employ the student for rather longer time?
The job providers can apply for H1-b Non-Immigrant Temporary Worker visa once the graduation is over or any period when the practical training is going on after the graduation. This will permit the student to do the job in U.S. till six years period. It is applicable only for job with the applying institution. The office of the International Students and Scholars (ISS) has a group of attorneys who hold expertise in evaluating the H1-b visa requests.
Who is entitled for H1-b visa?
Persons holding a graduate degree are generally ideal candidates for an H visa; yet those persons holding bachelor's degree as well are entitled.
How does a job provider support a student for eternal residency?
A job provider may like to help a worker with accessing a permanent residency, which is also called as “green card". This exercise can take more time and can be very costly. The expert advice of the attorney is suggested. The office of the ISS can offer a catalogue of lawyers on immigration in the locality.
Why must a job provider employ a foreign student graduate?
· It helps to diversify your work environment.
· It gives a broad array of skills as well as capabilities.
· It is flexible, adjustable and go-getting.
· Are multilingual very often.
· Have global experience.
· It facilitates the employer to get the brightest and motivated persons from their native countries.
· Have wide experience attained through employment in their native countries.
· Facilitates to get trained in U.S. and able to pass on assignments in their native countries.
· Often have technical skills.
· Can prosper an institution through exchanging cultural experience.
· Have wide network among the employees. Hence, hiring a well qualified non-citizen may draw other more qualified job seekers.
What occurs if I shift after I mail my application for OPT?
The Postal Service of U.S. will never pass on mail from USCIS in case the address given on the envelope is different from that is in mailbox. Think of making use of the ISS address on the application for I-765. We will shoot out an email to you as and when the card reaches.
What time it takes to get OPT approval?
Roughly three months of time from the date the USCIS gets your application, although it can be quicker based on the season of the year.
In case my mind changes and I make a decision not to do work, is it possible for me to stop my OPT approval?
The answer greatly relies on your specific situation. In case you were given a fresh I-20 with the approval for OPT but still is not mailed your application to the USCIS, you should inform the concerned ISS adviser regarding the change in your decision. ISS will be able to cancel the OPT approval.
In case you have previously mailed your request to the USCIS, an application can be given to the USCIS to stop processing. The fee for your application will not be refunded and there is no guarantee that your request for refund of the fee will be entertained. You need to get in touch with the ISS adviser for further help. In case you have accessed your EAD card and would like to stop the authorization, you need to get in touch with the ISS adviser. Termination in this case is highly improbable. The application for OPT is not meant to be terminated.
I failed to send my application for OPT sufficiently early, and I understand I may not obtain the start date for OPT which I requested. How can I get to know which date the USCIS will approve?
Regrettably it is very hard to assess. The approval relies on at what time the application reaches as well as the volume of work at the USCIS. In case the USCIS try to process your application later than your application begin date, they may postpone the begin date to their processing day, till 60 days later than your program close date. Yet, there exist no method to forecast what date it can be.
How much time it takes to receive the Receipt Notice/Notice of Action (NOA)?
Roughly two or three week’s time after the USCIS gets your application. You can check up from your bank if your cheque is encased. If that is the case, the NOA is most probably reaching you.
After getting my EAD card, is it necessary to give a photo copy to the ISS?
Yes, in case you have requested for your EAD to be mailed directly to you, you need to submit a copy to the ISS. In case your EAD is sent to the ISS initially, then we will make photocopy prior to your picking up the EAD.
My understanding is that I can request for a "provisional" EAD card. Is it correct?
In earlier days, students were facilitated to request for a provisional EAD card in case their request was awaited for over 90 days. Now there is change in the processes and provisional EADs are not issued any longer. If your request is awaited for over 90 days, you need to get in touch with the concerned ISS adviser.
What in case my EAD card is not received or possesses has wrong details on it?
For this, you need to get in touch with the ISS adviser.
What should I do, in case I lose the EAD card?
In the event of your losing your card, you ought to make an application and make the payment for replacement card. You need to fill up a fresh I-765 Form and send it to the USCIS along with all relevant documents that includes the fee. Get in touch with the ISS adviser for a latest I-20. We suggest you to retain your EAD at your residence (not in the purse) because you may have to incur additional expenses and spend more time to get the replacement.
What way can I obtain my EAD card in case it is sent to ISS office and I shift from the Seattle locality?
In the event of your shifting from Seattle locality much before receipt of the EAD, you should make arrangement to get the EAD at your latest address after informing the ISS adviser. We suggest that selecting an option for mailing which you can follow. The standard First-Class mail by means of the U.S. Postal Service will not be possible to track and in case you lose your EAD, you ought to give a fresh fee as well as request to the USCIS for replacing your EAD.