Can I take this job (on OPT)?

[achin12]

Hi,

 

I'm in the beginning of my OPT and my professor was impressed with my thesis she asked me if I wanted to work with her to turn the thesis into a paper. I would have to work 20 hrs/week for 3 months as a Research Assistant and it will be unpaid but when the paper is published I will be the main author of the paper. I really like this chance because getting a paper published would be good for my career in the US. I wonder if it would be a violation of anything if I volunteer to work under OPT as my professor's Research Assistant for 3 months? Thanks.

[jairichi]

Hi,

 

I'm in the beginning of my OPT and my professor was impressed with my thesis she asked me if I wanted to work with her to turn the thesis into a paper. I would have to work 20 hrs/week for 3 months as a Research Assistant and it will be unpaid but when the paper is published I will be the main author of the paper. I really like this chance because getting a paper published would be good for my career in the US. I wonder if it would be a violation of anything if I volunteer to work under OPT as my professor's Research Assistant for 3 months? Thanks.

Should not be a problem. Talk to your DSO.

[maverickp]

Nope, you won't be flouting any rules. I did the same thing when I graduated, I worked for a professor as a Research Associate for close to 5 months, without getting paid, and that's perfectly legal. On OPT, the only 2 requirements are that: (1) you have to take permission from USCIS when you start working for any employer, and that you have to let them know every 6 months your address and employer details, or within ten days of any change of employers, employment location or employment status, and (2) every role you work in, for every employer you work for on your OPT or OPT STEM extension, should be related to your field of study. So, since you satisfy both criteria, you should be fine.

 

Only thing is, before you start working, in order to freeze the 90-day unemployment clock, get a letter from the professor that mentions all these details, and that the position and research area you'd be working on are related to your specialization in MS or general field of study, and go turn that in to your school ISS. Unless you do that, the USCIS won't be informed, and as far as they're concerned, your 90-day unemployment clock is still ticking, so by the time you actually start searching for a full-time job, you won't have any unemployment time left in your hands.

[pontevecchio]

Your DSO will be the appropriate person to guide you. You do not have to be paid for post completion OPT.

[t75]

Some universities do not permit this unofficial employment.  Working for a university entails a lot of paperwork and review; unless you have an offer from a university official (not your professor), you are not employed by the universuty.  The professor may or may not have the ability to personally "employ" an individual to work in university facilities.

[achin12]

Some universities do not permit this unofficial employment.  Working for a university entails a lot of paperwork and review; unless you have an offer from a university official (not your professor), you are not employed by the universuty.  The professor may or may not have the ability to personally "employ" an individual to work in university facilities.

Hi, on my school website it says the decision to have a graduate student work as a Research Assistant depends completely on the professors. My professor already contacted with the school's DSO and he will issue a new I-20 for me with the employer being the department. Is it not okay?

[jairichi]

Hi, on my school website it says the decision to have a graduate student work as a Research Assistant depends completely on the professors. My professor already contacted with the school's DSO and he will issue a new I-20 for me with the employer being the department. Is it not okay?

Yes, that is the way it works.  The department HR will be involved.

[achin12]

Yes, that is the way it works.  The department HR will be involved.

Thanks for your answer. I just got a letter from my professor stating the start date and end date of my work, my position, and the nature of my work. My school's DSO also got the same letter from my professor and he said he's issuing my new I-20 and it will be ready to pick up tomorrow. Am I good to start working now? 

[t75]

Does the DSO know that you have graduated and will not be continuing as a student?  Departments do not have HR; that is a university wide function.

[jairichi]

Does the DSO know that you have graduated and will not be continuing as a student?  Departments do not have HR; that is a university wide function.

Well, departments do have HR who takes care of paperwork regarding appointments, contract, etc. At least in the university I worked.

[achin12]

Does the DSO know that you have graduated and will not be continuing as a student?  Departments do not have HR; that is a university wide function.

Yes, he already knew that and the department has sent him a form saying that I have completed all the coursework and am ready to graduate. Basically I am done with school and I am just waiting for the graduation date to get my diploma, which is in a month.

[t75]

There may be a PERSON in a department who completes the necessary paperwork for HR processing. HR is a very complex function to comply with US laws. Depending on the position, high level administrators are required to sign off on a hire.

 

Most universities require strict EEOC standards to be followed.  Hiring a former student to a regular position without making it available to other applicants is a very questionable practice in this regard.

[achin12]

There may be a PERSON in a department who completes the necessary paperwork for HR processing. HR is a very complex function to comply with US laws. Depending on the position, high level administrators are required to sign off on a hire.

 

Most universities require strict EEOC standards to be followed.  Hiring a former student to a regular position without making it available to other applicants is a very questionable practice in this regard.

But it wouldn't be available to other applicants anyway because 1) the work I do would be based on my thesis so I don't think they would hire another regular student to work on my thesis, 2) it's only 3 months during which is not the time for recruitment.

[jairichi]

But it wouldn't be available to other applicants anyway because 1) the work I do would be based on my thesis so I don't think they would hire another regular student to work on my thesis, 2) it's only 3 months during which is not the time for recruitment.

No, do not worry. You are fine as this is an OPT job. Only when you are applying for a H1B position employer has lot of formalities associated with it.

[achin12]

Thank you very much for your answers

[catx]

Going through the earlier posts ... it is important that your work as a research assistant for your professor be official with the university itself, e.g. through human resources (HR) as an university employee.  If it is unofficial, it may not be recognized by the USCIS and you could have a problem with the 90 day unemployment rule.  Your department / professor sending the DSO a form that you have completed all your courses and are eligible to graduate is important, but is separate from being officially a research assistance with the university.

[achin12]

Going through the earlier posts ... it is important that your work as a research assistant for your professor be official with the university itself, e.g. through human resources (HR) as an university employee.  If it is unofficial, it may not be recognized by the USCIS and you could have a problem with the 90 day unemployment rule.  Your department / professor sending the DSO a form that you have completed all your courses and are eligible to graduate is important, but is separate from being officially a research assistance with the university.

Yes, I'm already concerned about that. So the offer from my professor went through the business office of my department and they then sent a form to the DSO to issue me a new OPT I-20 with the employer being exactly "The Department of...., University of....". On the I-20, it says the university is the employer, not my professor. Does it make it official?

[achin12]

P.S: My school is accredited and my program is among top 50 nationwide. 

[achin12]

Going through the earlier posts ... it is important that your work as a research assistant for your professor be official with the university itself, e.g. through human resources (HR) as an university employee.  If it is unofficial, it may not be recognized by the USCIS and you could have a problem with the 90 day unemployment rule.  Your department / professor sending the DSO a form that you have completed all your courses and are eligible to graduate is important, but is separate from being officially a research assistance with the university.

Hi, Yes I'm aware of that. It did go through my department's business office who then sent the form to the DSO. The DSO then issued me a new OPT I-20 stating the employer being my department, my university. So on the I-20 it's really that university that is my employer not my professor. Does it make it official? 

[catx]

Yes, I'm already concerned about that. So the offer from my professor went through the business office of my department and they then sent a form to the DSO to issue me a new OPT I-20 with the employer being exactly "The Department of...., University of....". On the I-20, it says the university is the employer, not my professor. Does it make it official?

 

It may not, as technically the university would only be your employer if you are officially an employee. Arrangements between your department and the DSO may not be recognized by the USCIS as employment. One option is to reduce the period you are working for your professor as a research assistant to less than the 90 day employment period. Another option maybe if your university has an office of graduate studies (or some similar name), you could contact them to discuss the situation. It would take the discussion outside of your department and the DSO, and they may know the process better. (I find it strange that the DSO is not of more help regarding official employment status with the university as a research assistant for your professor.)

 

If you cannot legally work for the university as a research assistant without getting paid, then you may have go with option one and find a job before 90 days of unemployment. In other words, going back to your original question -- you are not able to take the job as a research assistant for your professor.

[jairichi]

Hi, Yes I'm aware of that. It did go through my department's business office who then sent the form to the DSO. The DSO then issued me a new OPT I-20 stating the employer being my department, my university. So on the I-20 it's really that university that is my employer not my professor. Does it make it official? 

Yes, you are good.

[achin12]

Thanks everyone for your answers but I'm very confused between the two opinions here. So I went on searching and I found this on my school's website: 

http://www.******************

 

"The employment does NOT have to paid employment. Therefore, you will be considered employed if you are doing unpaid research for a faculty member in your field of study or you are interning or volunteering in a position directly related to your academic field, or you are even self-employed (including performance majors with regular “gigs”). You have to be engaged in any of these have for AT LEAST 20 hours per week to count as “employment” for the purposes of OPT. If you will work in an unpaid position for a faculty member, we suggest you get a letter from that faculty member simply stating that you will be doing research for them and have them include the start and end date of that employment. You should keep that letter in a file with your other immigration documents."

 

That is exactly my situation!

[jairichi]

Thanks everyone for your answers but I'm very confused between the two opinions here. So I went on searching and I found this on my school's website: 

http://www.******************

 

"The employment does NOT have to paid employment. Therefore, you will be considered employed if you are doing unpaid research for a faculty member in your field of study or you are interning or volunteering in a position directly related to your academic field, or you are even self-employed (including performance majors with regular “gigs”). You have to be engaged in any of these have for AT LEAST 20 hours per week to count as “employment” for the purposes of OPT. If you will work in an unpaid position for a faculty member, we suggest you get a letter from that faculty member simply stating that you will be doing research for them and have them include the start and end date of that employment. You should keep that letter in a file with your other immigration documents."

 

That is exactly my situation!

Be very careful how you interpret immigration laws. Check this latest from murthy law firm.

 

http://www.murthy.com/2013/11/25/unpaid-internships-on-f-1-opt-considered-unemployment/

[achin12]

I also found this on another website:

 

Unpaid employment. Students may serve as volunteers, unpaid interns, researchers, community service workers, etc, where this does not violate any labor laws.  These students must be able to provide evidence from the organization that the student performed services at least 20 hours per week during the period of post-completion OPT.

 

And I don't think I would violate any labor laws because:

1. My research work is purely for civic purpose: I volunteer to work on a studies on climate change in cities and for a non-profit organization (my university)

2. With no direct or indirect pressure or promise of advancement by the employer.

3. It does not take away employment opportunities from others because there are many volunteer research assistants in the department and it's solely the continuation of my previous research (which no one knows better than me). So it's very unlikely that the department will pay someone else to do the job I volunteer to do.

4. I have no expectation of compensation for my services.

[catx]

You may well have a good situation for "unpaid employment" on OPT employment authorization.  My point has been that while your university may consider it employment, the key is that it must also be considered "employment" by the USCIS.  The following is to highlight the need for your unpaid work for your professor as a research assistant to be considered employment by the USCIS.

 

A couple people are posting that while on OPT employment authorization they worked as an unpaid volunteer for their university (albeit for a longer period than 90 days) and when they applied for OPT STEM extension the USCIS issued a RFE for proof of employment, and in one case denied their application http://forum.murthy.com/index.php?/topic/58679-rfe-for-17-month-opt-extension-employment-history/).