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Student Employment for F1 Visa Holders

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Student Employment for F1 Visa Holders
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Student Employment for F1 Visa Holders document sample

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What is Optional Practical Training 

(OPT)? 

U.S. Citizenship & Immigration Services

(USCIS) has created this immigration benefit

to allow individuals on an F-1 student visa to

work in a position directly related to their

degree. These positions are not part of their

academic curriculum and take place after the

student has completed his/her coursework. International Student & Employer

Students are able to work up to one year on

“Regular” OPT.

Scholar Services Information

In 2008, USCIS established a second type of Mailing Address: on Optional

1 Old Dominion University

OPT known as STEM OPT (for Science,

Technology, Engineering and Math degrees). Norfolk, VA 23529 Practical

This new OPT allows students who

Office Location:

Training

graduated with degrees in one of these areas

to work for an additional 17 months. 2101 Dragas Hall (OPT)

Phone: 757.683.4756

Fax: 757.683.6198

Can a student extend his/her OPT? Website: www.odu.edu/isss

Regular OPT authorizations are only granted E-Mail: IntlStu@odu.edu

for 12 months. If, as mentioned above, the

student majored in one of the STEM

degrees, an additional 17 months can be

authorized—allowing a total of 29 months.



Even if the student you hire is only eligible for a guide for

regular OPT, there are options for keeping

an individual employed with your company employing F-1

after the 12 months ends, as mentioned student visa

inside this brochure.

holders





Whom can I contact if our company has 

any questions? 

Our office is happy to answer any questions 

and be a resource to you on OPT. We will 

recommend you talk with an immigration 

attorney for all other issues. 

How do students apply for OPT? What if our company would like to

Students must attend a workshop at hire this student for permanent

employment?

ODU that explains their rights and

responsibilities with regard to OPT. The most common immigration step

After the workshop, they submit following OPT is an H-1B visa, which

EAD CARD (I-766)

paperwork to International Student & allows an individual to work at your

Scholar Services (ISSS) and, if all company up to six additional years. This

requirements are met, a new F-1 visa process is relatively simple and requires

document (I-20) is issued to show our Are students on OPT exempt from assistance from an immigration attorney

endorsement of the application. Next, being taxed? who can guide you through the

the student sends the paperwork to application. ODU policy prevents us

For more information on taxation for F-1 from recommending a lawyer, but we

Immigration and, upon approval, an

visa holders, please visit the ISSS can suggest the following when selecting

Employment Authorization Document

website at www.odu.edu/isss. From legal counsel for immigration purposes:

(EAD--also known as Form I-766) is

there, click on Off-Campus Employers

issued. In general, the application

on the left side. There, you will find a link  s/he should be a member of

process takes approximately three

to a publication on the IRS website American Immigration Lawyers

months—give or take a few weeks. In

which provides complete information on Association (AILA)

order to avoid Immigration and

the taxation of nonimmigrants.  s/he should have a fixed fee for

Department of Labor violations, students

may not work — even as a volunteer — services like an H-1B application (not

before they receive their EAD and/or hourly)

before the EAD start date has arrived.  s/he should practice immigration law

Are students eligible to work if the

only

visa in their passport has expired?

Yes. An expired visa does not indicate a The visa change takes anywhere from

How do I validate a student’s I-9? violation of visa status; a visa is issued two to six months, depending on the

for entry purposes only. A valid EAD, a processing you choose—expedited or

Documentation used for I-9 validation

properly endorsed I-20 and a valid normal.

include the student’s passport and the

passport are the only documents

EAD card’s number and expiration date.

required to maintain status while on Here is a typical progression of

OPT. employment options for most students:



1. Regular OPT: 12 months

2. STEM OPT (if eligible): 17 months

How many hours per week can a 3. H-1B: 6 years

student work?

There is no limit to the number of hours Immigration and tax laws are subject

the student may work or the number of to change; therefore, we recommend

employers he/she may have. you stay in touch with legal counsel

who specialize in these areas of law.

I-20 FORM


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