Step 3:Understanding Visa Issues and How They Impact Your Work Eligibility

Visa issues can be complicated!! If at any time you have questions about your student status or visa concerns, please contact that International Services Office immediately!

This website is designed to give general guidelines about visa issues. DO NOT RELY ONLY ON THIS PAGE. Meet with an advisor in the International Students Office for help understanding your visa and status options.*This website was updated May 2008 including the impact of new OPT options and regulations!

MOST IMPORTANTLY: DO NOT WORK ON- OR OFF-CAMPUS WITHOUT AUTHORIZATION! This can be a severe violation of status and result in deportation!!!

Visa Issues while in school full-time
Visa Issues after graduation

Visa issues while considered a full-time student:

Visa Restrictions on un-paid and volunteer work:

International students can do volunteer work or un-paid work/internships without filing paperwork or changing status. It’s important to realize that ANY compensation, including paying for books, stipends, and gifts, is considered payment. Check with ISO for questions on if your work is truly un-paid or volunteer work!!

Visa Restrictions for on-campus student employment:

F-1 and J-1 students are eligible to work on-campus. You can work up to 20 hours per week, just like any other student employee. Please talk to an International Student Advisor and the Student Employment Coordinator to make sure you have all of the required documentation filled out BEFORE you start working on campus.

Visa Restrictions for paid internships:

If you are going to be working at a career-related internship and will be getting paid, you need to file for Curricular Practical Training (CPT) if F-1, or Academic Training (AT) if J-1 through the International Services Office.

More information on CPT can be found at the International Services Office’s website at http://www.iso.rochester.edu/employment.htm

Visa issues following Graduation:

Visa Restrictions for Optional Practical Training (OPT)/Academic Training (AT):

F-1 Students: F-1 students are eligible for 12 months of OPT during and following their graduation from EACH subsequent higher degree. You must apply for your OPT at least one month prior to completion of all degree requirements (not the same as your graduation date!), it is not automatic. You do not need a job offer to apply for OPT.

Under OPT you are able to work and be paid by any employer for up to a year after you being your OPT. Your job must be related to your degree, and require at least a bachelor’s degree. If you do not get a job, you must submit proof to ISO that you are actively looking for a job while on OPT.

*NEW IN 2008*
The new OPT rules give the possiblity of a 17-month extension for graduates from programs in Science, Technology, Engineering and Mathematic disciplines. There are various regulations on this, and it is important to speak to ISO regarding whether or not you qualify for this extension, and the steps both you AND YOUR EMPLOYER must take to apply for it.

More information on OPT can be found on the ISO website at http://www.iso.rochester.edu/employment.htm

J-1 Students: J-1 students are eligible for up to a total of 18 months of Academic Training (AT) before and after graduation combined. You must have an offer letter from an employer to apply for AT, as well as a recommendation from your departmental academic advisor.

Under AT, you are able to work and be paid by the employer who wrote the offer letter you submitted as part of your application. Your employment must be related to your degree.

More information on AT can be found at the ISO website at http://www.iso.rochester.edu/employment.htm

Full-time (post-graduation) Work Visas

There are several options for full-time work visas after you complete your degree. The most common is the H-1B visa, but there may be other options for you. Consult with the ISO and/or an immigration attorney to fully understand your options.

H-1B visas: Employers wishing to hire you full-time in the U.S. following your graduation and any practical or academic training, will need to file for an H-1B visa. YOU CANNOT FILE OR PAY FOR THIS YOURSELF. The visa is sponsored by, and linked to the company. There are costs for filing the paperwork and employers may be reluctant to take on this cost, or not understand how to hire an international student.  H-1B visas are valid for three years, with the option to file an extension for a total of 6 years.

If an employer does not understand how to hire you, you can send them to our Employer’s website http://www.rochester.edu/careercenter/employers/corporate/international.html

You also need to understand the H-1B process yourself, so you can explain it to employers.

Every year 65,000 H-1B visas become available (called the H-1B Quota). Employers can begin applying for these on April 1 every year. If an H-1B is granted, it will go into affect on October 1 of that same year. (6 months later). DUE TO NEW REGULATIONS IN EFFECT IN 2008, if you are on current OPT status, and recieve authorization for an H1B to go into effect on October 1, your OPT will automatically be extended to cover the additional months between the end of your 12 month OPT allowance and the start date for our H1B. This effectively does away with the previous "H1B Gap".

Once the U.S. Government gives out all 65,000 H-1B visas, they’re gone. In 2008 all of these visas ran out on the very first day. If your employer needs assistance with filing paperwork or figuring out how to sponsor your work visa, they need to consult an immigration attorney.

There are two exceptions to the 65,000 quota, or limit. There are an additional 20,000 H-1B visas available for candidates that have a graduate degree (Masters, PhD, JD, MD). The other exception is if you work for an institution of higher education (college, university) you are not counted in the quota. This means that a University employer can hire you and sponsor your visa throughout the year, as long as you start work after the October 1 start date.

If you are sponsored by an employer, remember your visa status is linked to that employer. You cannot work for any other employer during that time. Also if you leave your job, your new employer must file for a new H-1B for you.

For more questions about talking to employers about H-1B visas, or to pick up an informational pamphlet to give to employers, please stop by or make an appointment at the Career Center.

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