work options for students & dependents on j-1 & j-2 visas marilyn vogler, phd immigration...

Work Options for Students & Dependents on J-1 & J-2 Visas

Marilyn Vogler, PhDImmigration Advisor

Associate Director, IPSSpring 2009

Employment Authorization – Some Basics

Unauthorized work can get both the visa holder and the employer in trouble.

“Authorized” means the work documents are in hand.

Visa holders must follow multiple sets of rules: Homeland Security, MTU, Career Center, Graduate School, Employer, & J-1 sponsor.

This PresentationI will discuss regulations applying

to J-1 students and J-2 dependents.

I will address only Homeland Security / USCIS rules – not Career Center, Graduate School, or External Sponsor rules.

I will not discuss consulting and other regulations for J-1 Scholars.

Whose Paperwork It Is Matters …The sponsor that created your DS-2019

continues to “do the necessary” regarding your visa records. Contact your sponsor to:◦Update address changes◦Update employer / unemployment◦Update visa status changes◦Get travel signatures on your DS-2019◦Request transfer of your SEVIS record if you

move to another institution

This sponsor may be Michigan Tech, but it may be someone else, e.g., Fulbright.

On-Campus Employment“On-Campus” means

◦MTU cuts the check (MTU or sponsor money)◦Agency, e.g., Argonne, sets up contract

through MTU to pay student for co-op or internship

Does not require any authorization beyond student status & normal employment forms

20 hours / week when school is in session

40 hours / week during breaks and vacation

On-Campus Employment

J-1 visa holders must get approval for on-campus employment from the Immigration Advisor prior to beginning work.

http://www.ips.mtu.edu/Forms/Immigration/J-student_employment_update.htm

Off-Campus EmploymentRequires authorization from or through

International Programs & Services (IPS)Authorization is formal – shows up on

the student’s immigration papers (DS-2019)

Can be full- or part-timeOff-campus means someone else cuts

the check◦Corporate, government, etc. employer◦Faculty with consulting business

Why work off-campus?

Try out employment in your majorEmployer gets to know you – some only

hire from co-op poolExperience other areas of the USEarn extra $$sLooks good on your resuméFollow family while you finish upNo courses that you need are being offeredUnforeseen Severe Economic Hardship Etc.

Types of Off-Campus Employment

For J-1 Students◦Academic Training◦Unforeseen Severe Economic

Hardship

For J-2 Dependents◦Employment Authorization

Document (EAD)

General Requirements – Academic Training

Employment may be called “co-op,” “internship,” “full-time,” etc.

Must be related to student’s program.Student may not change employers

May be in any field.Must not be used to support the J-1.Generally issued for 1 year at a time, but

may be renewed.Valid only as long as J-1 program is active

General Requirements – EAD for J-2

Academic Training is a promised benefit for which you can apply.

You can apply for jobs in your area of study and tell the employer that you ARE eligible to work in the US—you just have to complete the paperwork.

However, Economic Hardship authorization is not guaranteed or promised.

Do not tell an off-campus employer you are authorized to work at a job that is outside your major area of study until you have your authorizing DS-2019 in hand.

General Requirements – “Unforeseen Severe Economic Hardship”

Student must have been full-time student in US at least one full academic year

Does not need to be related to student’s program

20 hours per week during academic year40 hours per week when school is not in

session: breaks, vacations, summerRequires unexpected hardshipJ-1, filed with IPS like CPT

General Requirements – “Unforeseen Severe Economic Hardship”

To get student status you had to show the ability to pay for your education and support while in the United States.

But …◦Financial need beyond the student's control◦Unforeseen at the time the student applied

to the school he or she is currently attending

◦All other potential employment opportunities have proven to be insufficient

General Requirements – “Unforeseen Severe Economic Hardship”

Examples include “Loss of financial aid or on-campus employment

without fault on the part of the student,Substantial fluctuations in the value of currency

or exchange rate,Inordinate increases in tuition and/or living

costs,Unexpected changes in the financial condition

of the student's source of support,Medical bills,Other substantial and unexpected expenses."

Questions?

Is there a “bottom line?” … YES

You cannot, must not, MAY NOT work off-campus without authorization from the IPS Immigration Advisor

Any employer that hires you without authorization on your paperwork is paying you illegally.

Working illegally could jeopardize your future status in the US.

How do I know if I’m “authorized”?Registering for co-op credits does NOT

mean you have employment authorization.Sending off an I-765 application does NOT

mean you have employment authorization.Work Authorization must be recorded on

your DS-2019 (page 1), or on an EAD card, but …

You can apply for jobs in your area of study and tell the employer that you ARE eligible to work in the US—you just have to complete the paperwork.

How Do I Get Work Authorization?Check the IPS website:

www.ips.mtu.eduDetails vary, but in general …

◦Initiate job hunt◦Gather necessary paperwork◦Contact IPS to make an appointment

with the immigration advisor◦J-1 EAD form on the web (new)

About Academic Training

Sponsor who issued DS-2019 approves – doesn’t have to go to USCIS so there’s no fee

Available time differs with programRequires job offer in handRequires letter of support from

academic advisorStudent will receive new DS-2019

More About Academic Training

May requires processing through Career Center◦Completion of paperwork◦Registration for Co-op credit(s) fall

and springCan be done “same day” if

Michigan Tech is your sponsor

Economic Hardship Authorization or EAD for J-2

Authorization is granted by USCIS.◦IPS assists with the application

process.◦Approval takes 1-1/2 to 3 months.◦Having a job offer speeds up

approval.◦It costs the student $340 to apply.◦Student must provide extensive

documentation showing unexpected nature of the hardship.

Where to find information … www.ips.mtu.ed

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Roles in the Authorization ProcessStudentAcademic Advisor (or J-1 Sponsor)Career CenterIPS Immigration Advisor

What the student needs to do:

Meet with academic advisor to get her/his approval or completion date

Search for a job at the Career Center, the job fair, on-line, etc.

Remember, the job must be related to your major unless you have an Economic Hardship EAD, but …

Student’s tasks (continued)Complete the required paperwork

for the Career Center and/or IPS – including signatures

Academic Training / Economic Hardship – make an appointment to see the IPS Immigration Advisor

Academic Advisor’s RoleS/he can help you decide

◦Which job offer to take◦How to meet the Career Center report

requirements◦How long you should work◦What semester(s) would be best

Your academic advisor’s approval is required for co-op, but …

Your advisor’s approval is not required for other off-campus employment.

Career Center RoleEmployment search assistanceEmployability skills training

◦Resumes, cover letters, mock interviews, etc.

Help with required paperworkVerify major-relatednessCollect student assignment

materialsAssign a grade (undergrad)

Your IPS Advisor will …Review all the documents &

paperworkCheck to see if you’re eligible to workIssue the appropriate DS-2019 with

work authorization noted Assist with preparation and mailing

of applications (Economic Hardship/EAD)

Helps track and follow-up on applications sent to USCIS

Questions?

While you’re waiting for approval card …

You may not start working until you receive DS-2019 or EAD.

Check the date on your card when it arrives.

You may not start working until the start date listed on the EAD card.

I received my EAD card!Email your IPS Immigration

Advisor (that’s me ) with the date that it arrived

Send a copy to the IPS office

Staying in Touch – MTU Email

Current practice is that your MTU email will remain active as long as you use/check it regularly.

Please check it at least weekly for IPS updates.

IF you have graduated, you may have your MTU email forwarded to another address: https://emailinfo.mtu.edu/docs/public/forward/index.html

After Academic Training

Academic Training → 30 days to leave, begin a new program, move to an H1-B etc.

H1-B → 10 days to leave or transfer to new employer

Some students apply for and get a “green card,” permanent residency.

Questions?

Where to find information … www.ips.mtu.ed

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