Welcome to Dehai Tao P.C.
This land flourished because it was fed from so many sources – because it was nourished by so many cultures and traditions and peoples. - Lyndon B. Johnson
"A simple way to take measure of a country is to look at how many want in.. And how many want out." ― Tony Blair
"We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite." Woodrow Wilson
"The bosom of America is open to receive not only the Opulent and respected Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges…" George Washington
"We are a nation of immigrants. We are the children and grandchildren and great-grandchildren of the ones who wanted a better life, the driven ones, the ones who woke up at night hearing that voice telling them that life in that place called America could be better."
You can go to live in France, but you can’t become a Frenchman. You can go to live in Germany or Italy, but you can’t become a German, an Italian or for that matter any country in the world. But anyone, from any corner of the world, can come to live in the United States and become an American
"Let the poor the needy and oppressed of the Earth, and those who want Land, resort to the fertile lands of our western country, the second land of Promise, and there dwell in peace, fulfilling the first and great commandment." -George Washington
"It says something about our country that people around the world are willing to leave their homes and leave their families and risk everything to come to America. Their talent and hard work and love of freedom have helped make America the leader of the world. And our generation will ensure that America remains a beacon of liberty and the most hope fill society this world has ever known." ..... George W. Bush
"When my family came from England during the war, people said, "You are welcome here. What can we do to help?" I am a beneficiary of the American people’s generosity"..Madeleine Albrighth
"Yes, they broke the law, but it’s not a felony. It’s an act of love, it’s an act of commitment to your family" -- Jeb Bush
Foreign Students
If you would like to study as a full-time student in the United States, you will need a student visa. There are two non immigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
- You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
- Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
- You must be enrolled as a full-time student at the institution
- You must be proficient in English or be enrolled in courses leading to English proficiency
- You must have sufficient funds available for self-support during the entire proposed course of study
- You must maintain a residence abroad which you have no intention of giving up.
Foreign Vocational Students: Students in M-1 Nonimmigrant Status
Vocational students in M-1 nonimmigrant status may only accept employment if it is part of a practical training program after completion of their course of study.
The student must receive an EAD before working and can only work for a maximum of six months of practical training. The EAD establishes the student’s identity and employment authorization. If presented with an EAD, the employer should record the Alien Registration Number, card number and expiration date under List A in Section 2of Form I-9.
Foreign Academic Students: Students in F-1 Nonimmigrant Status
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. The following table is a quick reference to the employment authorization documents that a foreign student in F-1 nonimmigrant status may be issued and present to an employer for Form I-9 purposes.
| On-Campus Employment | Curricular Practical Training | Optional Practical Training | STEM | CAP-GAP | Off Campus Employment Based on Severe Economic Hardship | Employment Sponsored by an International Organization |
| Foreign Passport | Foreign Passport | EAD | EAD | EAD | EAD | EAD |
| Form I-94 | Form I-94 with Form I-20 | EAD (expired on its face) with Form I-20 | EAD (expired on its face) with Form I-20 |
Foreign Students in F-1 Nonimmigrant Status Working in On-Campus Employment
Foreign students in F-1 nonimmigrant status may work on campus without the approval of a Designated School Official or USCIS. To complete Form I-9, the combination of the F-1 student’s unexpired foreign passport and Form I-94/94A indicating F-1 nonimmigrant status is a List A document.
Foreign students in F-1 nonimmigrant status may work:
- On the school’s premises, including on-location commercial firms that provide services for students on campus, such as the school bookstore or cafeteria
- At an off-campus location that is educationally affiliated with the school
Employment that does not provide direct services to students is not on-campus employment. For example, an on-campus commercial firm, such as a construction company that builds a school building, does not provide direct student services.
On-campus employment is limited to 20 hours a week when school is in session. An exception to this limitation applies in cases of emergent circumstances announced by DHS in a notice published in the Federal Register.
Foreign Students in F-1 Nonimmigrant Status Participating in Curricular Practical Training (CPT)
An F-1 nonimmigrant student may begin CPT after the Designated School Official has completed the Form I-20 endorsement page. CPT is 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. A CPT must be a part of an established curriculum.
F-1 nonimmigrant students participating in CPT are issued three documents that, when presented together, establish identity and employment authorization under List A for Form I-9 purposes:
- The student’s unexpired foreign passport
- Form I-20 with the Designated School Official’s endorsement for employment on page 3
- A valid Form I-94 or I-94A indicating F-1 nonimmigrant status
Record the foreign passport and I-94 numbers in Section 2 under List A of Form I-9. Write the SEVIS number and the program expiration date from Form I-20 in the margin of Form I-9 near Section 2.
Foreign Students in F-1 Nonimmigrant Status Participating in Optional Practical Training (OPT)
OPT provides practical experience in an F-1 student’s major area of study and may not exceed one year. A foreign student in F-1 nonimmigrant status participating in OPT must receive Form I-766, Employment Authorization Document (EAD) from USCIS before he or she is authorized to work. He or she may not begin OPT until the date indicated on the EAD. With OPT, a student may work while still in school:
- For up to 20 hours per week while school is in session
- Full-time during the student’s annual vacation and at other times when school is not in session
After finishing a course of study, a student must complete all practical training within a 14-month period. Some foreign students may be eligible for a 17-month extension of their OPT. (See F-1 OPT STEM Extension.)
The EAD establishes the student’s identity and employment authorization. The employer should record the Alien Registration Number, card number and expiration date under List A in Section 2 of Form I-9.
Once the EAD expires, employers must reverify the employee’s employment authorization in Section 3. The employee may choose to present any document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States.
F-1 OPT STEM Extension
A foreign student who received a bachelor’s, master’s, or doctoral degree in science, technology, engineering or mathematics (STEM) may apply for a one-time, 17-month extension of his or her OPT while in a period of post-completion OPT.STEM students must work for an employer enrolled in E-Verify in good standing. A STEM student may change employers, but the new employer must be enrolled in E-Verify before the student begins work for pay. The following documents establish the student’s identity and employment authorization and should be recorded under List A in Section 2 of Form I-9:
- EAD or
- Expired EAD which is considered unexpired because the STEM extension application is still pending. This EAD:
- Must be presented with Form I-20 endorsed by the Designated School Official recommending the STEM extension
- Acceptable for 180 days from the expiration date on the card
- Must be reverified after 180 days
If the student presents an expired EAD, described above, the employer should:
- Record the document title
- Record the document number
- Record the date the EAD expired in the expiration date space
- Write "180-day Ext." in the margin of Section 2
When the 180-day extension expires, the employer should reverify the employment authorization.
CAP-GAP Extension
F-1 non immigrant students who are changing their status to H-1B may be eligible for a cap-gap extension of status and employment authorization through September 30 of the calendar year for which the H-1B petition is being filed, but only if the H-1B employment will begin on October 1. The term cap-gap refers to the period between the time a nonimmigrant’s F-1 status would ordinarily end and his or her H-1B status begins. Only students participating in post-completion OPT when an H-1B petition with an October 1 start date is filed receive both an extension of status and employment authorization during the cap-gap period.
The documents below establish identity and employment authorization for students who have had their status and employment authorization extended through a cap-gap extension.Employers should record these documents under List A in Section 2 of Form I-9:
- EAD or
- Expired EADwhich is considered unexpired because the H-1B petition is still pending. This EAD:
- Must be presented with Form I-20 endorsed by the Designated School Official recommending the cap-gap extension
- Is acceptable through September 30 of the year in which the employer filed the H-1B petition or until the H-1B petition is rejected, denied or withdrawn
- Must be reverified when the Form I-20 cap-gap endorsement expires but not later than October 1
If the student presents an expired EAD, described above, the employer should:
- Record the document title
- Record the document number
- Record the date the EAD expired in the expiration date space
- Write "Cap-Gap" in the margin of Section 2