International Student Employment Overview

1. International Student Employment Overview Office of International Services 320 Daniels Hall Tel: 919-515-2961 Fax: 919-515-1402 www.ncsu.edu/ois July 15, 2009

2. Agenda – Topics on International Employment Welcome: OIS Updates: Kelia Hubbard and Thomas Greene International Employment Updates: Jill Guzman Payroll Updates: Michelle Anderson Q & A / Discussion All presentations available on OIS website at: http://www.ncsu.edu/ois/faculty/training.php

3. Employment of International Students On Campus Employment: • Not all international students have employment eligibility. Employment eligibility is determined by the student’s immigration status; F-1 and J-1 students may be eligible for employment if they are maintaining lawful immigration status, in good academic standing, making progress towards their degrees, and enrolled full-time (as defined by the Graduate School) in order to work on campus. • On Campus employment should not continue beyond the commencement date of the student’s last registered semester. • On campus employment must be physically on the NC State campus (including Centennial campus and the CVM campus) and payment received must be through NC State University Payroll.

4. On Campus Employment, F-1 • Extended On Campus Employment - may include work at an off-campus location which is educationally affiliated with NC State University (payment comes through NC State Payroll). • The educational affiliation must be associated with the university's established curriculum or related to contractually funded research projects and be an integral part of the student's educational program. • OIS can issue an updated I-20 indicating the student has been approved for Extended On Campus Employment.

5. On Campus Employment, F-1 • Students do not need specific written employment authorization from OIS or the United States Citizenship and Immigration Service (US CIS). • Eligible to work on campus 20 hours per week maximum while school is in session. • May work full-time during University vacations (inter-session, summer session). • Provided student is pre-registered or intends to register for the following semester and is not registered during the summer session. • Full-time employment cannot begin until after the commencement date in May or December.

6. On Campus Employment, J-1 Student • J-1 students must obtain written employment authorization from their J-1 Program Sponsor (OIS for students whose program sponsor is NC State) before beginning any type of employment. • The program sponsor must enter the employment information into the Student and Exchange Visitor Information System (SEVIS). • On-campus employment may be full-time during holidays and annual summer vacations if the student is not registered for courses during the summer but is pre-registered for the following semester and has prior written authorization from OIS. • Payment received must be through NC State University Payroll.

7. Off Campus Employment • Students in F-1 or J-1 status are not eligible to work off campus without prior written authorization from OIS and/or US CIS. Any student who engages in off campus employment without authorization will be in violation of their non-immigrant visa status. • CPT Authorization - includes a new I-20 and cover letter from OIS. • OPT authorization - includes a new I-20 from OIS and an Employment Authorization Document (EAD) issued by US CIS. • J-1 Academic Training authorization - includes a new DS-2019 and cover letter from OIS.

8. F-1 Curricular Practical Training (CPT) • Curricular practical training is employment in the student’s field of study prior to completion of academic program which is an integral or required part of the degree program. • OIS defers to academic departments to provide the justification of how the CPT employment is an integral part of a student’s degree program. • OIS provides regularly scheduled information sessions regarding students eligibility requirements and application procedures CPT.

9. F-1 Optional Practical Training (OPT) • F-1 OPT is a benefit of the F-1 visa status in which a student may apply for off-campus employment (prior to completion or post completion of studies). • OIS defers to the academic department to determine a student’s ability to complete their degree program. • The program end date on the I-20 will be updated depending on the information provided by the academic department. • Students cannot continue on-campus student employment (i.e. TA or RA) after the program end date.

10. F-1 OPT • Limited to a temporary position in the students field of study (as reflected on the current Form I-20). • Students must apply directly to USCIS with the recommendations of the academic advisor and OIS. • USCIS will issue an Employment Authorization Document (EAD) once the student’s application for OPT has been approved (90 day processing time with USCIS). • Departments should consult with International Employment and the Non-Resident Tax Specialist about updates to I-9 and tax forms.

11. J-1 Academic Training • Academic Training allows a maximum of 18 months employment authorization (pre or post completion) that is directly related to the field of study. An additional 18 month extension is possible for "Post-Docs" after completing their studies. • The J-1 Program Sponsor (OIS for students whose program sponsor is NC State) must authorize the Academic Training (in SEVIS) before the student engages in employment.

12. Employment of International Students • F-1 and J-1 student employment must be in a temporary position (not in a permanent or open ended position). • F-1 and J-1 students must stop working if the employment interferes or delays their studies. • F-1 and J-1 students must stop working if they become out of status, change status, do not enroll or intend to enroll, or complete their program. • All off-campus employment must be authorized in writing by OIS or US CIS prior to working. • Hiring units are responsible for ensuring no other active appointments are in the system for F-1 or J-1 employees prior to triggering workflow.

13. Changes to Program Information • OIS defers to the academic department to confirm the students anticipated completion date and effective dates for changes submitted to OIS using extension, curriculum/level, and employment authorization request forms. • OIS will issue a new I-20/DS-2019 based on the information provided by the academic department and Graduate School memo (if applicable). • Depending on the information provided by the academic department, there may be a change in employment eligibility, please contact International Employment and the Non-resident Tax Specialist

15. New Student Reminders Fall 09 New Student from Overseas: • Is eligible to enter US and begin work up to 30 days prior to the program start date on the I-20/DS-2019. The reporting date is 8-19-2009 for both the I-20 and DS-2019 for incoming Fall 2009 students. • The Form I-94 card provides baseline for employment eligibility.

16. New Student Reminders Fall 09 New Transfer Student: • OIS is unable to issue the I-20/DS-2019 for F-1 and J-1 transfers until the SEVIS release date. • Is eligible to work on-campus if OIS has issued the NC State I-20/DS-2019 following release from previous school.

17. New Student Reminders Fall 09 • Change of Status: • Student is eligible to work once the approval for a change of status to F-1 is received from the immigration service center. • The student must provide OIS with a copy of the approval notice so that OIS can update Campus Community. • The department will need to ensure that all I-9 and tax forms are completed appropriately.

18. Orientation and OIS Check-in • New International Student Orientation (required), Friday, August 14th, 2009. Talley Student Center, 8:00am-5:00pm. • Information Fair, Thursday August 13th, 2009. Talley Student Center. • All new international students, including transfer students, are REQUIRED to check-in with OIS soon after their arrival at NC State: http://www.ncsu.edu/ois/orientation/oevents.php • OIS Check-in is an immigration requirement for F-1s and J-1s. • Required to apply for a SSN and to complete E-Verify process.

19. Scholar Issues: Visa limitations • Exhausted duration • Home residence requirements / bars on repeat participation • Educational requirements • Insufficient funding • Status violations • Timing, processing, and denials

20. Visa Optionshttp://www.ncsu.edu/ois/faculty/hireint.php OIS • Enrolled F-1 and J-1 students • J-1 “Scholars” • NC State SEVIS-sponsored • (Global Training Initiative) Int’l Employment • Perm. Residents • H-1B, TN, O-1, E-3 • (Visitor’s – B1/B2, Visa Waiver Program) • Post-completion student “trainees” (OPT and Academic Training)

21. Activities allowed for J-1 “Scholars” • Research • Observation • Consultation • Limited teaching • No full-time study, tenure-track appointments, or clinical fellowships

22. Minimum eligibility criteria for a J-1 “Scholar”http://www.ncsu.edu/ois/forms/depts.php • Bachelor’s degree • Sufficient funding for self and family (Scholar: $1500/month; spouse: $600/month; $333/month) • NC State faculty supervisor • HR appointment • Previous J-visas? (24-month and 12-month “bars” on repeat participation): http://www.ncsu.edu/ois/research/1224bars.php

23. Global Training Initiative (GTI)http://www.ncsu.edu/gti • Study – Certificate programs • Research • Internships • Allows undergrads • Research and intern options require MOU and/or significant non-personal funding (per federal regulations) • Fee-based GTI Coordinator: David McNeil: gti@ncsu.edu, 513-0105

24. Summary: department responsibilities for sponsoring J-1 Scholars • Submit complete DS-2019 Request with ALL documentation (3-6 months in advance) • Forward DS-2019 to Exchange Visitor • Create HR appointment for Scholar • Notify OIS of delays in arrival • Assist with housing & other necessities • Send Scholar to OIS Check-in during 1st week • Notify OIS of any changes in funding, position, site of activity, transfers, or early departures • Submit requests for extension, as needed