Information for Prospective Employers

The Duke University Visa Services department provides this information to help prospective employers understand the employment authorization options available to our students before and after degree completion. F-1 and J-1 students can receive employment authorization from either the U.S. Department of Homeland Security (DHS) or Duke Visa Services. Employers will only need to sponsor another visa employment category if employers wish to have the students work beyond the designated time period of the each student’s employment authorization. We are pleased to discuss any of these options below in more detail.

Duke Visa Services Contact Information:
Tel: 919-681-8472
E-mail: visahelp@duke.edu

If verification of a specific student’s visa category or employability is required, please have the student complete the form at the following weblink and submit it to our office. After we receive the student’s authorization, we will discuss information pertaining to the student’s visa category.

Authorization To Release Information

F-1 Student

Before Graduation

A. Curricular Practical Training

An F-1 student may be authorized to participate in a Curricular Practical Training (CPT) program that is an integral part of an established curriculum. Curricular Practical Training is defined to be an alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school. Students who have received one year or more of full time CPT are ineligible for post-completion Optional Practical Training (OPT). CPT authorization for Duke-sponsored F-1 students is possible only if 1 of the following 2 situations apply:

An internship is required for every student enrolled in the degree program (foreign and domestic students alike).
An internship course has been specifically created in the degree program curriculum that establishes clear academic objectives and which conveys academic credit.

Duke Visa Services can provide employment authorization for F-1 student if the student’s curriculum meets one of the situations listed above. Detailed information on CPT can be found on our F-1 CPT page.

B. Pre-Completion Optional Practical Training

An F-1 student may apply for and receive Pre-Completion 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 3-4 months to grant work authorization and issue the I-766 card verifying the authorization. Upon receipt of the I-766 card, a student who has maintained his or her F-1 status has permission to work for a company or institution in the field in which he/she will receive the degree. The student can request full-time Optional Practical Training for the summer or part-time Pre-Completion Optional Practical Training during the academic year. Any time used during the Pre-Completion Optional Practical Training will be subtracted from the 12 month period allowed for Post-Graduation Optional Practical Training after graduation.

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.

After Graduation

An F-1 student may apply for and receive Post-Completion 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 3-4 months to grant work authorization and issue the I-766 card verifying the authorization. Upon receipt of the I-766 card, a student who has maintained his or her F-1 status has permission to work for a company or institution in the field in which he/she received the degree.

When the student receives the I-766 card and presents it to the employer 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. The only exception is if the student is in a STEM field of study and the employer is enrolled in the E-Verify program.

Please review the Optional Practical Training Extension for STEM Students (STEM OPT) information provided by USCIS for detailed information regarding F-1 students with a qualifying STEM field.

J-1 Student

A J-1 student may request Academic Training (AT) permission from the J-1 sponsor either before or after degree completion. The J-1 sponsor may be grant AT 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.

If the employer would like to have the student continue to work after the AT period has expired, 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 visa options and provide additional information. If the company or institution does not normally handle these alternate visa categories, the employer 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 or have requested and received a waiver of this requirement from DHS.

For more information regarding whether or not a student is subject to 212(e), please review our J-1 INA 212e Home Residency Requirement page.

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 master’s 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.

More information is provided by USCIS on their H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models page.

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.

Additional information is provided on the Visas for Canadian and Mexican NAFTA Professional Workers website.

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.

Detailed information is provided on the O-1 Visa: Individuals with Extraordinary Ability or Achievement webpage.

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

There are four (4) avenues for permanent immigration to the United States which are outlined by USCIS on their Green Card webpage. Companies that wish to hire employees permanently normally use the employment based immigration avenue. Companies commonly use the F-1 Optional Practical Training or J-1 Academic Training time to evaluate recent graduates to determine their future relationships to the company. During this 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.