Sign up here. Check-In for New Students. Tax Info for International Students and Scholars. P rospective International Employees. Labor Condition Applications. H-1B Request. J-1 Request Form. Checklist J-1 English Language Requirement. AEPA Instructions. I Certification Compliance Questionnaire. J-1 Funding Requirements. Note: This page is intended for non-UChicago employers only. Hiring a University of Chicago international student is an excellent way to bring some of the world's best talent to your organization.
The many benefits of hiring international students include:. Broadening the diversity of ideas and perspectives of your teams through enhanced cultural understanding in a global market. Enhancing your economic, scientific and technological competitiveness through increased diversity in research, innovation and knowledge. As the office that works with international students at the University of Chicago Office of International Affairs, or OIAwe wanted to share with you some important information regarding the employment authorization options available to our international students.
Please see below for information that may be helpful to you as an employer. F-1 Curricular Practical Training. International Students are required to obtain a student visa to pursue their degree or exchange program in the United States.
Like most Universities, the University of Chicago currently sponsors two types of non-immigrant student statuses:.All OPT must be directly related to your major area of study. If you are an F-1 student, you may be eligible to participate in OPT in two different ways:.
If you are authorized to participate in pre-completion OPT, you may work part time 20 hours or less per week while school is in session. You may work full time when school is not in session.
For example, if you participated in 10 months of pre-completion OPT, you would be eligible for only up to 2 months of post-completion OPT. If you have earned a degree in certain science, technology, engineering and math STEM fields, you may apply for a month extension of your post-completion OPT employment authorization if you:.
If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for days. Although your authorization to engage in optional practical training will end, as long as you comply with all requirements for maintaining your student status, your F-1 status will not be affected by USCIS terminating your EAD. Working in the United States without authorization has serious consequences, including removal from the country and reentry bars.
Also, remaining in the United States in violation of your lawful nonimmigrant status could lead to an accrual of unlawful presence. If you are an F-1 student with a timely filed H-1B petition and change of status request, and your F-1 status and employment authorization will expire before the change of status to H-1B occurs typically Oct.Certain F-1 students who receive science, technology, engineering, and mathematics STEM degrees may apply for a month extension of their post-completion optional practical training OPT.
If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for days. To ensure the integrity of the program and provide safeguards for U.
What are H1B Wage Levels ? Minimum Wage Requirements ?
DHS may, at its discretion, conduct a site visit of the employer to ensure that program requirements are being met, including that the employer possesses and maintains the ability, personnel, and resources to provide structured and guided work-based learning experiences consistent with the training plan.
As noted above, to be eligible to employ a STEM OPT student, an employer must have and maintain a bona fide employer-employee relationship with the student. Moreover, the employer that signs the Form I must be the same entity that provides the practical training experience to the student.
As noted above, DHS, at its discretion, may conduct a site visit of any STEM OPT employer to ensure that the employer possesses and maintains the ability and resources to provide structured and guided work-based learning experiences consistent with the Form I See 8 C. Consistent with this provision, during a site visit, DHS may verify that the employer that signs the Form I is the same entity that provides the practical training experience to the student and ensure compliance.
As indicated above, the employer and student must report such a material change by submitting a modified Form I to the DSO at the earliest available opportunity.
Staffing and temporary agencies and consulting firms may seek to employ students under the STEM OPT program, but only if they will be the entity that provides the practical training experience to the student and they have and maintain a bona fide employer-employee relationship with the student. DHS will review on a case-by-case basis whether the student will be a bona fide employee of the employer signing the training plan, and verify that the employer that signs the training plan is the same entity that employs the student and provides the practical training experience.
The practical training opportunity also must be directly related to the previously obtained STEM degree. If you are an employer who wants to provide a practical training opportunity to a STEM OPT student during their extension, you must: Be enrolled in E-Verify, as evidenced by either a valid E-Verify company identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify client company identification number.
Provide an OPT opportunity that is commensurate with those of similarly situated U. Terms and Conditions for Employer Participation To ensure the integrity of the program and provide safeguards for U. The employer has sufficient resources and personnel available to provide appropriate training in connection with the specified opportunity at the location s specified in the Form I, Training Plan for STEM OPT Students.
The training opportunity will assist the student in attaining his or her training goals.The changes to the rule promote the ability of international students to gain valuable and practical STEM experience that supplements the knowledge gained through their academic studies, while guarding against harmful effects to U. S workers. By applying their academic knowledge in a STEM OPT extension, students will be in a better position to begin careers in their fields of study.
The changes also help U. Under the Homeland Security Act and the Immigration and Nationality Act ofDHS has the authority to issue immigration-related regulations, including those related to international students. The Secretary of DHS also has the authority to propose regulations that determine who is authorized for employment in the United States. As a participant in STEM OPT, you are not considered a resident for federal tax purposes as long as you comply with the requirements of your F-1 visa and have not already held F-1 status for parts of five calendar years.
If you need to make material changes to your Training Plan, you and your employer must both sign the modified version of the Training Plan and file the updated version with your DSO as soon as possible. Material changes may include, for example, a significant decrease in hours per week that you will be engaging in the practical training or a reduction in compensation without a reduction in hours worked.
You and your employer need to sign your self-evaluation on an annual basis. As an employer, you must be enrolled in and remain in good standing with the E-Verify electronic eligibility verification program, as determined by U.
It depends. Material changes include significant changes, such as any change to your Employer Identification Number resulting from a corporate restructuring, a reduction in compensation that is not due to a reduction in hours worked or a significant reduction in hours per week that a STEM OPT student will be engaging in the practical training, including a decrease below 20 hours per week. In most cases, DHS will provide 48 hours of notice to employers before a site visit.
DHS may also request information from you to determine the need for a site visit. If an employer terminates a student, you are required to notify the DSO within five business days.
Only material changes need to be reported. Material changes include, for example, any change to an Employer Identification Number resulting from a corporate restructuring, a reduction in compensation that is not due to a reduction in hours worked or a significant reduction in hours per week that a STEM OPT student will be engaging in the practical training, including a decrease below 20 hours per week.
The Cap-Gap extension allows such students to automatically extend the duration of their F-1 status and any current post-completion OPT employment authorization until the first day of the new fiscal year i. Unlike the H-1B nonimmigrant classification, where an employer submits a petition for a nonimmigrant worker to temporarily perform services in a specialty occupation, STEM OPT offers certain F-1 students an opportunity to further the knowledge that they received during U.
Translate this page. September 17, September 3, What if I need to make changes to my Training Plan? Will I be notified before a site visit from DHS? When are employers and students required to notify me of changes to a Training Plan? Was This Helpful? Please provide feedback on this page. Why wasn't this helpful? Select an option The answer is confusing The answer is incorrect I don't like how this feature works Other.
Additional Feedback.You must stop your employment when the end date on the EAD card is reached, but may remain in the US for a day grace period. The maximum period of unemployment days is days, which includes any days of unemployment during the initial 12 months of Post-Completion OPT. For example, if a student finishes the 12 months Post-Completion OPT with 30 days of unemployment time accrued, then he or she would have days of available unemployment days remaining during their period of STEM OPT.
The F-1 regulations mandate any change of address must be reported within 10 days of any change. Material changes or deviations from the original Form I may include, but are not limited to:.
Please submit a departure form telling us that you have decided to abandon your OPT and the date you plan to depart the United States. If you do not notify us, you may continue to be billed for health insurance. During the period you are authorized for OPT, you may decide to apply to another academic program, either at U-M or another University.
Please call the IC to request an appointment appointments may be in-person or by telephone. If you are admitted to a degree program at another University, the International Center must transfer your I to that institution so they may issue a new I for you.
In order to maintain your F-1 status, a new I for change of academic level, new degree program, or transfer must be issued before the end of your 60 day grace period. If you change your immigration status e. You can get this information to the Registrar's Office by writing a letter to the Office of the Registrar asking that your immigration status be officially updated.
The letter must include:. Submit the letter, copy of your passport, and proof of new status such as USCIS change of status receipt to the Office of the Registrar. Jefferson St. Email: ro. Do not embed the copies in the email message. Skip to main content. Additionally, STEM OPT extension applicants must select employers that can guarantee the student will complete a minimum of 20 hours of work per week and provide the student with formal training and learning objectives.
Visit the Form I page to learn how to properly complete and submit the Form I F-1 students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Form I because F-1 students may not provide the employer attestation i. However, they may use a start-up business so long as all regulatory requirements are met. The employer that signs the Form I must be the same entity that employs the student and provides the practical training experience.
Any reduction in student compensation that is not tied to a reduction in hours worked. Any significant decrease in hours per week that a student engages in a STEM training opportunity.One of the key things that is important for H1B Visa approval and compliance is to have proper wage paid to the H1B worker.
The reason for having H1B wage levels and setting a minimum wage for H1B workers is to make sure H1B workers are paid on par with US workers and not exploited by employers as cheap labor.
Also, they are required to provide similar working conditions like US workers. The concept of Wage levels was first introduced in Octoberwhere they introduced two skill levels, Level I for beginning level employees and Level II for fully competent employees.
While, this worked well for sometime, there were many issues on determining the wage for management roles and advanced judgment based skills.
The wage levels are set so that H1B workers are paid the prevailing wage that are based on education, experience and location, similar to US workers.
A new wage levels revision rule was published on October 8th, and the below wage levels are effective now. Read Prevailing Wage Determination Policy Guidance for complete information on the process of setting the wage levels and other key information that is relevant for minimum wage.
H1B workers cannot be working below the minimum wage for the position offered. It is based on various factors related to the job position offered like experience, geographic location and education. It is the online wage library for H1B workers to know the minimum wage for a position. As the H1B prevailing wage levels have changed from Oct 8th, as per the regulation, it is always difficult to understand the new changes, without comparing with old data.
Below is how you can do it. Step 1 : Navigate to H1BGrader. You can start typing and you will get suggestions. Select them like below and hit on Search button. See below how it looks.Changes Ahead for H-1B and PERM- New Interim Regulations Published Today
The UI is not the best. Below is the step by step guide to find the minimum wage prevailing wage for a H1B job position.
See below screenshot. You can also select Quick Search, if you want to directly go to search. The wizard lets you select state and let you go step by step. Step 2 : Select the options for the Source of the Database for Prevailing wage. If you are not sure, just select all industries. You will need to select the Area where you will plan to work or your job location and then last option is to select the job title of the position.
You can also chose to use the keyword option to enter, if you cannot find the job title.
See below. Step 3 : Once you select above options and hit search, you will get wage information like below. It will list all the wage levels and the minim wage for that wage level. You will be able to see that info as well.
The Office of International Affairs
Labor Condition Application has all the information related to your H1B position. You can ask your employer to share the copy of LCA. In fact, they are supposed to share you a copy of your LCA. To see the wage level info, you need to look at Section G, which tell the information of the Wage Level, Wage offered in that area and the Wage database year. The problem is the files are in hundreds of megabytes and not consumable.
It is important to have the right wage level selected as cases with Computer Programmer Level 1 wage are not considered speciality occupation and do not qualify for H1B Visa as per the New Policy Memorandum in April All rights reserved. All information, resources and services on this site are available to all people regardless of national origin and citizenship status.
The student may return to their home country and begin to put his or her education to use. However, many International students do not want to return home at this stage and desire the opportunity to work in the United States.
This section provides an overview of employment options for F1 students who have just graduated or have nearly completed their education program. Any employment opportunity that the student encounters must be directly related to his or her major field of study in order to qualify as OPT. OPT may be full or part time, depending on the circumstances and may take place anywhere in the country.
An F1 student may apply to use OPT during vacation periods, during the academic year or after completion of his or her studies. Students involved in graduate programs, i. In order to be eligible for OPT, the student must be enrolled in a full course of study for at least one full academic year. Authorization for OPT can take up to 90 days so applications for OPT should be submitted with this time lapse in mind.
No work can commence until the BCIS approves the application. Once the duration of OPT has been consumed, the student is no longer eligible to stay in the United States without a change of status. A common course for students at this point is to change their status to an H1B upon finding a sponsoring employer converting from F1 to OPT and then to H1B visa status.
Who is eligible for OPT? Students in English language training are not eligible for OPT. Where can I use OPT? How long does OPT last? Standard OPT is available for a cumulative maximum of 12 months per educational level. A one-time extension of 17 months for a total of 29 months is available to certain STEM degree recipients.
How many hours per week can I work? Pre-completion OPT is limited to 20 hours per week while school is in session and the student still has coursework to complete. Full-time employment can be requested for pre-completion OPT done during official school breaks. For post-completion OPT, a student must be employed for at least 20 hours per week. Can I work anywhere? It is very important that you can document that the job you accept is directly related to your field of study.
The H1B visa program is designed for and made available to F1 students to achieve this goal. This visa is used to hire a foreign national who is a professional for a temporary period of time.
H1B positions often appear at institutions of higher learning, but can be offered by any employer who needs the services of a person in a specialty occupation who holds at least a four-year degree or the equivalent in experience.
Generally, three years of experience is equivalent to one year of education. H1B status is initially granted for a maximum period of three years, but it can be extended for up to six years. This six-year maximum remains in effect no matter how many employers the foreign national has over this time period.
OPT to H1B Visa
Prevailing wage varies by geographic location and is determined by the county where the H1B worker will be working. Once the H1B visa is approved, the person can only work for the position stated on the H1B petition. If the person wishes to change employers, the new employer must file a new petition. An applicant may begin working for a new employer as soon as the new employer has filed their petition and subsequently received the official receipt from the USCIS.
Since the H1B status is employment based, this status will immediately end if the employment is terminated. If the alien changes employers, the new employer must file, and the BCIS must have received, the new petition before the date of termination of employment.