Employment Authorization
Employment authorizations (also referred to as work authorizations) are typically filed by the foreign national (referred to as a self-filing process) in which a foreign national has requested to the United States Citizenship and Immigration Services (USCIS) for the ability to work in their field either prior to or after graduation from their degree program.
Generally, foreign nationals on a F-visa or J-visa may be eligible for employment authorization. The most common forms of employment authorization can be found in Curricular Practical Training (CPT), Optional Practical Training (OPT), or Academic Training. Some foreign nationals with STEM related degrees may be eligible for an extension of OPT known as STEM OPT, which can be valid employment authorization for an additional two years.
In most cases, employment authorization is valid for a calendar year from the approved start date. Upon approved employment authorization, the foreign national will be issued an Employment Authorization Document (EAD Card). If the foreign national does not have an extension of employment authorization (through their current approval or through an employment visa), then the foreign national will not be able to continue in the position and must cease all work.
General Employment Authorization Process
The employment authorization process requires a sponsoring institution, which is typically the institution for which the foreign national earned their degree through. The foreign national is not required to be employed at their sponsor and may seek alternative employers for using their employment authorization.
Employment authorization can occur in a variety of ways. The most common process for employment authorization occurs through the competition of a degree, through Curricular Practical Training (CPT), Optional Practical Training (OPT), or Academic Training. To determine if you are eligible for any of these authorizations, a foreign national must contact the office at their institution that handles their student visa status. Typically, the international office is responsible for student visas. If you are eligible, the institution that you are earning your degree from becomes your sponsor for employment authorization.
An application is required to be filled out and submitted for employment authorization. Please follow guidelines and requirements set by your sponsoring institution. In some cases, there are restrictions to applying, such as when you are eligible to file, what program you are eligible to apply for, and for how long you can seek employment authorization.
The processing of employment authorization can take between 90 to 120 days. Premium processing can be used to reduce adjudication times to 30 calendar days but has an additional cost. The cost varies based on the employment authorization you are seeking.
Upon adjudication from USCIS, the foreign national will be notified by email of the response. If approved, USCIS will issue an Employment Authorization Document (EAD Card) by mail within about two weeks. The EAD Card will provide the valid start date and end date of employment authorization. A foreign national is not permitted to work outside of the approved date range. Employment authorization is valid for any employer, however it is encouraged to seek out an employer based on the degree earned.
Filing Fees for Employment Authorization
The employment authorization process requires a sponsoring institution, which is typically the institution for which the foreign national earned their degree through. In some cases, the sponsoring institution may pay for the filing fee associated with the employment authorization process. It is recommended that foreign nationals check with their sponsoring institution. In most cases, sponsoring institutions do not pay for premium processing fees. Foreign nationals seeking the use of premium processing for their employment authorization process are responsible for the associated fee(s).
At Appalachian State University, filing fees associated with the employment authorization process are considered to be the responsibility of the foreign national. Appalachian State University does not pay for these fees, nor does Appalachian State University provide reimbursement of employment authorization fees.
Self-Filing Processes
Immigration Support and the University do not provide legal advice to foreign nationals, especially in the circumstances of self-filing processes. Documents for self-filing processes cannot be reviewed by Immigration Support and the University.
Self-filing processes are defined as processes for which Appalachian State University is not the sponsor. In addition, self-filing processes are defined processes for which the beneficiary (the involved foreign national) has conducted and/or completed paperwork with or without legal counsel that was not initiated by or requested by Appalachian State University. All processes defined as self-filing are the responsibility of the involved foreign national, including meeting filing deadlines, completing all required forms, and payment of associated fees. The University does not provide reimbursement or payment for fees of self-filing processes. The University does not provide reimbursement or payment for fees associated with hiring your own private immigration lawyer.
Examples of self-filing processes can include but not be limited to: Curricular or Optional Practical Training (CPT/OPT), dependent documentation (H-4 or TD applications), I-485 Applications, National Interest Waiver application, and EB-1A Extraordinary Ability application.
Regarding this Site
This site is meant for informational purposes and does not constitute legal advice. Information on this website is subject to change without notice or reason. In addition, any information on this site is subject to change if policies and/or procedures with USCIS change.
For More Information
If you would like more information on any of these listed areas, or you have questions about a topic not present, please contact Immigration Support at immigrationsupport@appstate.edu.