The Duke University International Office provides this information to help prospective employers understand the work options available to our students and to offer assistance in clarifying or verifying a student’s employment authorization status. We will be pleased to discuss any of these options in more detail. Our contact information:

International Office
Duke University, Medical Center, and Health System
300 Alexander Avenue
Durham, NC 27705
Tel: 919-681-8472
Fax: 919-681-8492
E-mail: VISAHELP@MC.DUKE.EDU

F-1 Student

An F-1 student may apply for and receive Optional Practical Training (OPT) employment authorization, as a benefit of F-1 nonimmigrant student status. The Department of Homeland Security (DHS) may take up to 3 months to grant work authorization and issue the I-766 card verifying that authorization. Upon receipt of the I-766 card, a student who has maintained his or her F-1 status has permission to work for your company or institution in the field in which he/she received the degree.

DHS processes these applications on a "first-come, first-served" basis and will not pull an application out of order for special handling except for emergency situations. DHS does not consider an employer start date deadline as an emergency situation.

When the student receives the I-766 card and presents it to you to begin employment, please note the expiration date of the OPT time period. If the student’s I-766 card shows a one-year period, the student will not be eligible for any additional work time in F-1 status and DHS will not make any special exceptions in order to extend a student’s work permission beyond one (1) year. If the employment authorization period is for less than one year, it is possible that the student used up part of the one-year allowance in the past. You should discuss this with the student and call the Duke International Office if you have questions. If you wish to have the student continue to work after the OPT period has expired, you will need to consider other visa options, some of which are described below under "Other employment Options."

J-1 student

A J-1 student may request Academic Training (AT) work permission from the J-1 sponsor. The J-1 sponsor may be grant AT work permission for up to 18 months. In most cases, those completing doctoral degrees may receive an additional 18 months of AT for a total of 36 months. The J-1 sponsor authorizes AT and notifies DHS, so it can be done relatively quickly and efficiently. The student does not have to wait for DHS approval.

When the student presents the DS-2019 to you, note the period of approved AT on the form. If you wish to employ the student longer than the ending date of the AT, consider whether the student received the doctoral degree and is eligible for the additional 18 months of AT.

If you wish to have the student continue to work after the AT period has expired, you will need to consider other visa options, some of which are described below under "Other employment Options."

Other Employment Options

In support of the continued career success of our students, Duke will be happy to discuss the following se options with you and to provide additional information if possible. If your company or institution does not normally handle these alternate visa categories, you or the student may wish to seek the advice of an experienced immigration attorney before attempting to process a change of visa class. One caution, certain students in J-1 status are subject to the "two-year home country physical presence requirement," Section 212(e) of the Immigration and Nationality Act. This special provision of law means that they are not permitted to have H, L, or Lawful Permanent Resident (LPR or "green card") status until they have been physically present in the home country for two years. If you have questions regarding whether a student is subject to 212(e), please contact the Duke International Office. The 212(e) restriction does not affect F-1 students.

H-1B Temporary Worker Visa Class

The H-1B status permits temporary employment at a professional or post-degree level. It is available to an individual who holds at least a Bachelor’s degree, and who will engage in employment that requires a degree in that field. The H-1B can be extended for a total length of six years. It requires an approved Labor Condition application from the Department of Labor (DOL), an approved petition from DHS, and the payment of various fees to DHS.

The H-1B has an annual limit or "cap" set by Congress. This cap may affect whether an employer can obtain H-1B status for an employee. Employers need to understand two important exemptions from the cap.

• An employer that is an institution of higher education, a nonprofit research organization, or a government research organization is exempt from the cap in reference to all of its H-1B employees. There is no annual limit to this exemption.
• Effective 08 March 2005, an individual who holds the masters degree or higher from a US institution of higher education is exempt from the cap; any US employer is eligible to obtain H-1B status for such a graduate. Congress has set an annual limit of 20,000 persons for this exemption.

Employers also need to understand the costs associated with the H-1B. By law and by federal regulations, the employer must pay the full costs associated with filing for the H-1B status for the employee. The employer must pay filing fees, attorney fees, and so, on. The employer may not pass these fees on to the employee in any way (even if the employee is willing to absorb the cost), as doing so effectively lowers the wage promised to the employee. Employers who are not familiar with these rules should consult an experienced immigration attorney regarding proper procedures and employer obligations.

J-1 Exchange Visitor Status

Congress created the Exchange Visitor Program, which is managed by the Department of State (DOS), to promote academic, cultural and scientific exchange between the visitor and the host country. It is used to bring exchange visitors to the U.S. on a temporary basis to engage in exchange activities in categories such as study (see J-1 Student above), teaching, research, training, sharing expertise, collaborating with colleagues, and so on. It should not be used as a general means of employment, though the source of funding can be and often is the U.S. J-1 sponsor. If your institution or company has a DOS designated J-1 program, you may consider the J-1 option in relation to your program designation language, the categories for which you are approved, and your plans for the employee.

NAFTA’s TN Status

The North American Free Trade Agreement (NAFTA) permits Canadian and Mexican citizens to enter the U.S. in TN status to work in the professions specified in the treaty. The TN admission/status is usually granted for one year at a time or less, and though there is no limit on how long one can work in the U.S. under the TN status, the alien’s intent must be temporary. If a DOS consular officer at a consulate or embassy or DHS officer at a port of entry believes that an alien intends to remain permanently in the U.S. the officer may deny a visa or deny admission in TN status.

For further information see these web sites.

DHS

http://uscis.gov/graphics/services/employerinfo/EIB11.pdf

Department of State information

http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html

O-1 Alien of Extraordinary Ability

The O-1 temporary status permits those who are nationally and/or internationally acclaimed in their fields to work in the U.S. at a job and for an employer that requires such extraordinary ability. It is used for appointments as faculty or high level researchers. A petition filed with DHS must demonstrate, through extensive documentation, that the individual is at the top of his/her field. DHS grants the O-1 initially for the term of appointment or up to 3 years. There is no maximum time limit for this visa class, however extensions are generally granted in one year increments or less.

Lawful Permanent Residence (LPR or "Green Card") Status

There are 4 avenues for permanent immigration to the U.S.:

• Family based - close family relationship to a US citizen or lawful permanent resident;
• Employment based - skills and abilities needed in the US;
• Refugee or asylee - those fleeing from or unable to return to the home country because of persecution;
• Special acts of Congress - Congress may pass laws to give LPR status to certain persons or groups of persons in very limited circumstances.

Companies that wish to hire employees permanently normally use the employment based immigration avenue. Companies commonly use the F-1 OPT or J-1 AT employment time to evaluate recent graduates to determine their future relationships to the company. During that time the company may file H-1B petitions to extend work beyond the first year, and may then pursue LPR status for very promising employees with potential for long-term association with the company.

Assistance from Duke University, Medical Center, and Health System

Duke offers immigration services support to its international alumni to the extent that is appropriate. We cannot provide legal advice, and we refer our alumni and their prospective employers to experienced legal counsel for advice in the complex area of immigration law.

However, we will work with alumni and employers to make work authorization available to the extent possible under current law and Duke policy, and to coordinate our actions with the employer or with immigration counsel at the request of our alumni. We respect the privacy of our students and alumni, and ask that they complete an "Authorization to Release Information" form if they wish for us to work directly with an employer or an attorney.