Illegal Alien Post-college Guide

Iliana Guadalupe Perez's How-To Guide For Illegal Aliens Looking For Work After College
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LIFE AFTER COLLEGE: A GUIDE FOR UNDOCUMENTED STUDENTS PUBLISHED BY EDUCATORS FOR FAIR CONSIDERATION (E4FC) TABLE OF CONTENTS 6 7 8 8 8 9 Author Introduction Going to Graduate and Professional School Graduate School Versus Professional School Deciding Which School to Attend Private Versus Public Application Process 9 10 11 11 12 12 Testing Statement of Purpose and Personal Statement Research Letters of Recommendation GPA Resume/Curriculum Vitae 13 Paying for Graduate School and Professional School 14 Types of Professional Schools 15 16 16 17 17 18 20 21 Business Medicine Public Health Nursing Engineering Law Social Work Education 25 26 26 26 26 27 Getting Internships Deciding Which Type of Internship to Look For Scholarships and Stipends Talking about Your Situation Strategic Networking: “It’s Not What You Know, It’s Who You Know” Mock Interviews 2 28 29 Earning a Living Working for Yourself 29 29 31 31 32 33 33 33 34 34 Different Options Basic Guidelines for Independent Contractors Employees vs. Independent Contractors: Main Differences Employees vs. Independent Contractors: Examples Independent Contractor Work for Recent Graduates Talking to Potential Clients about Working as an Independent Contractor IRS Forms Required of Independent Contractors Starting a Sole Proprietorship Steps to Setting Up a Sole Proprietorship in California Final Words of Advice on Working as an Independent Contractor 34 Starting a Limited Liability Company (LLC) as a Worker Cooperative 35 35 35 Steps to Setting up a LLC in California Basic Characteristics of Worker Cooperatives Examples of Worker Cooperatives as LLCs 36 37 A Recap of Requirements for Different Types of Work Document Fraud 37 37 37 Definition of Document Fraud Effect on Employers Enforcement and Penalties 38 39 39 Going Abroad Risks Personal Narrative from Beleza Chan: “My desire to grow and do something was larger than my ties to the United States.” 41 42 Exploring Your Immigration Remedies Spotlight on Non-Immigrant Employment-Based Visas 42 42 43 43 43 44 Key Things to Consider What is the D3 Waiver Option? How Do I Apply for a D3 Waiver? What is an H-1B? Is the D3 Waiver Guaranteed? H-1B Success Story: Dan-el Padilla 3 45 46 46 Staying Motivated: Emotional Health Author Narrative Challenges 46 46 46 46 46 Leaving College Questioning Self-Worth Financial Freedom Putting up a Front Living In The Shadows 47 Turning Points 48 48 48 48 48 48 48 49 Family and Friends Finding A Local Immigrants Support Group Mentoring/Tutoring The Power of Storytelling Finding Your Motivational Pillar Creating Opportunities for Yourself Exercising the Mind and Body Seeking Professional Help 50 51 53 54 55 57 58 61 62 63 64 68 69 Appendices Appendix A: Sample Personal Statement Appendix B: Sample Statement of Purpose Appendix C: Recommendation Packet Checklist Appendix D: Sample Resume 1 Appendix E: Sample Resume 2 Appendix F: Sample CV Appendix G: W-7 Form Appendix H: W-9 Form Appendix I: 1099 Form Appendix J: Sample Contract3 Appendix K: Relevant Articles About Undocumented Students Appendix L: Biographies of Contributors 4 73 73 73 About the Author Acknowledgements About Us 5 AUTHOR INTRODUCTION While initially it may seem as though undocumented students have limited options upon graduating from college, this guide is intended to shed light on the possibilities that do exist. The guide has been written to be as inclusive and comprehensive as possible by including personal narratives, student testimonials and advice from experts. It is my desire that undocumented students and allies read through this guide and walk away feeling encouraged and unafraid of the next step. As I navigated through my own life after college, it became more and more apparent that there were limited resources and opportunities for undocumented students after college. Shortly after I graduated from Fresno State, I moved to New York City to pursue a Master’s degree at the New School For Social Research. Unfortunately, due to lack of financial support, I was unable to complete my program. I returned home without a plan of action or clue as to what the future would hold for me. I worked in landscaping with my father mowing lawns, trimming shrubs and raking leaves for a few months until I decided to move to the San Francisco Bay Area in search of better opportunities. I had no family, friends or connections there. I began to search for jobs on Craigslist and took whatever I could find. I did various jobs such as cleaning houses, collections, catering, waitressing, bartending, and promotions–all work completely unrelated to my degree in mathematics–but it enabled me to support myself and slowly formulate my next plan for returning to graduate school. Luckily, I also found E4FC, where I have been able to put my skills to good use and create this guide, which I have personally benefited from and which I hope will benefit many more undocumented students. Through personal interviews I have been able to catch glimpses of what the journey looks like for undocumented students who are working and pursuing careers in education, law, medicine, nursing, business, and psychology, to name a few. The students I interviewed have been able to overcome many obstacles and are now doing great things. Most importantly, they are proud of their accomplishments and eager to share their experiences to empower other students. I was hesitant to interview students when I first started working on the guide. It was easy to do research, but I did not feel ready to open up to students and have them open up to me. Once I started the interview process, I could not stop! It became a healing process for me to hear the amazing stories of my peers. Many of the interviews have resulted in amazing friendships and memories to last a lifetime. 6 GOING TO GRADUATE AND PROFESSIONAL SCHOOL 8 8 8 9 Graduate School Versus Professional School Deciding Which School to Attend Private Versus Public Application Process 9 10 11 11 12 12 Testing Statement of Purpose and Personal Statement Research Letters of Recommendation GPA Resume/Curriculum Vitae 13 Paying for Graduate School and Professional School 7 GOING TO GRADUATE SCHOOL AND PROFESSIONAL SCHOOL A common route for students interested in furthering their education or career is graduate school or professional school. Each requires ample preparation time and careful consideration. through the program? Where do students publish, get exposure to conferences, and become acquainted with opportunities of employment from “X” college?1 You should also consider the implications that attending graduate school will have on you and your family. Think about the sacrifices you and your support system will have to endure and the rewards that will come from it. Think about the obvious: the COST! Think about the pros and cons of moving away from home or possibly to a different state. Are you willing to consider schools across the country or international schools? What will be the implications of your actions? Who are you putting at risk and for what? And are you ok with this personally? Research “safe” communities and how receptive they are to undocumented students. Conduct research in the local newspapers and see added community comments about other students in your situation within that community. Think about your life as a graduate student in that community. How will you get around (transportation, housing, social life, etc.)? Graduate Versus Professional School Consider which program fits you best. Graduate school (i.e., a Ph.D.) is geared more toward research and academia while professional school (i.e. medical school, law school) is more focused on being a practitioner. Graduate school, in many cases, is paid for by the school through research assistantships, teaching fellowships or scholarships. Professional school is much more expensive than graduate school and may require more fundraising. Professional schools will prepare you for a technical trade (mechanic, electrician, plumber, professional chef, pastry master, law, etc.) and are often tied to a co-internship/progressive learning model meaning that you will have hands-on exposure while also studying in “X” field. Further, professional school is often a key time to build RELATIONSHIPS, which may be very important personally and professionally down the road. Bottom line, graduate school makes sense if you want to become a researcher/professor; professional school makes sense if you want to PRACTICE a certain profession outside of academia. Private Versus Public Private and public schools differ greatly in tuition and in how they generate funds for their programs. Public schools usually have lower tuition, but funding will be heavily dominated by public funds from state and federal dollars, which are currently out of reach for undocumented students in most states. Private universities usually cost more, but may offer a better financial aid package. Keep in mind, however, that some may not accept undocumented students into their graduate programs. For those that do, funding options may be a little more relaxed and not as heavily tied to state and federal dollars. It may be wise to apply to both public and private schools to have options. What you need to keep in mind is that YOU have to create your opportunities. 1 Some of the information in this section is from the graduate resource guide created by Graduates Reaching a Dream Deferred (GRADD). For more information about GRADD, please visit Deciding Which School to Attend When thinking about graduate school, ask yourself a few questions. Why are you going in the first place? Is it to enhance your knowledge in a specific subject/topic? Is it to improve your future employability? Is it required in your field of study/work? Do you meet the academic requirements of this program? Do you need to take the GRE, GMAT, MCAT, LSATs or any other entrance exam? If so, what scores are they looking for? How big of a graduate program are you looking for? Is mentorship and guidance important to you? Will research and assistantship opportunities be open to you? Are there any student graduate support groups that will help you 8 California residents, look out for AB 130 in 2012: Recently passed by the California State Legislature and signed into law by Governor Jerry Brown, AB 130 will allow eligible AB 540* students to apply for and receive scholarships derived from non-state funds at all California public colleges and universities. These include scholarships funded through private donors, alumni contributions and individual departmental efforts. Some funding through AB 130 may be available to graduate students. Students must apply and compete for available awards as determined by their respective college or university. This bill will go into effect January 1, 2012. *In order to be eligible for AB 540, students must have: 1) Attended a California high school for 3 or more years; 2) Graduated from a California high school with a high school diploma or attained the equivalent (GED); and 3) Filed an affidavit with their intended college or university stating their eligibility under AB 540 and intention of applying for a lawful immigration status as soon as they are eligible 2) Take a practice test as soon as possible to see how you score and compare your scores to typical scores for the programs you are interested in. 3) Determine a plan for reviewing, which might include studying on your own (be sure to use official test materials whenever possible – see the details under each test for which materials to use), forming a study group, or taking a review class. Most prep courses can be very expensive, but there may be free or low cost prep courses offered at your school 4) For those seeking basic remediation on topics such as Algebra, Geometry, and Trigonometry, and feel free to use Khan Academy as a FREE resource to sharpen up on sometimes forgotten skills.3 5) Plan to take multiple timed practice tests before your test date to get comfortable with time management and test format. GRE: Most Ph.D. programs and some master’s degree programs require the GRE, which tests math and verbal skills. Each section is scored on a scale of 200-800, similar to the SAT. To find out expectations for scores, call the admissions department for the specific program that you are interested in. Some programs focus on just the math score or just the verbal score while others consider both scores, so be sure to know what’s important to the programs you’re interested in before you start studying for the exam. If you do not feel prepared to study for the test on your own, take a prep course provided by a company such as Kaplan or Princeton Review. You can also review with preparation books (The Official Guide to the GRE® Revised General Test has real test questions and has the PowerPrep software with two tests in the online format) or form study groups.4 The test is given on the computer, so you can take it on almost any date. The cost of the exam is currently $160. Note: the format of the test changed slightly as of August 2011, so if you are using old test prep materials from a friend, library, etc. they may not reflect the current variety of questions on the test.5 LSAT: The Law School Admissions Test (LSAT) is the admissions exam for law school and assesses reading comprehension as well as logical and analytical reasoning proficiencies. There is no math section. The test is administered four times per year: June, September/ 3 4 For further information about Khan Academy, see Use the Official Guide to the GRE Revised test, the free practice test and online PowerPrep software from For further information on the GRE, visit where you will find information about test content, dates, etc. Application Process Testing *This section written by Jennifer Pence, founder of Academic Springboard.2 Most graduate and professional programs require a standardized test for admissions. For most students, these tests require extensive preparation over the course of several months. Regardless of which test you are taking, here are some general tips and to do items. For specifics on each test, see below. 1) Research typical scores at the specific programs you are interested in so that you know what score to aim for and how the programs will treat your scores if you take the test more than once (some programs look at your highest score, while others average your scores, meaning you need to be well-prepared the first time you take the test). Note that students with below average scores are often admitted if they have other strong factors (such as great grades, relevant research/job experience, etc.), and schools frequently take into account whether students speak English as a second language and/or are first in their families to go to college. 2 For more information about Academic Springboard, see www. 5 9 October, December and February. You cannot take the LSAT more than three times within a 2-year period. Raw scores are converted to a scaled score with a high of 180, a low of 120 and a median score of around 151. It is recommended, at a minimum, that you take numerous official practice exams before your official test date to familiarize yourself with the types of questions that may appear on their exam and the timing of the sections.6 Testmasters offers a review course that many people in the legal field recommend because Testmasters uses actual previous tests. You should only take this test when you are fully prepared to do so since if you take the test more than once, most law schools will look at the average of your scores, making it difficult to dig yourself out from a low initial score. The test costs $139 to take in the United States.7 GMAT: Most MBA programs require the Graduate Management Admission Test (GMAT), which measures verbal, mathematical and analytical writing skills. Business schools use this exam for admission into graduate business administration programs. To review on your own, use The Official Guide for GMAT Review, which has a large quantity of previous test questions. If you need even more questions, use The Official Guide for GMAT Verbal Review and The Official Guide for GMAT Quantitative Review, as needed. You can also download the PowerPrep software for free from the website to practice two tests in the computerized format. Additional note: the test is changing format slightly in June of 2012, so if you are taking the test after that date, please see the website for more info. The test is scored from 200-800. This test is offered on the computer, so you can take it on almost any date. The cost of the GMAT is $250.8 MCAT: The Medical College Admission Test (MCAT) is a computer-based standardized exam for prospective medical students in the United States. and Canada. It is designed to assess problem solving, critical thinking, written analysis, and writing skills in addition to knowledge of scientific concepts and principles. Compared to the tests above, this test covers a tremendous amount of specific content, so usually an extensive review of science and math material will be required in addition to completing practice tests. The cost of the MCAT is $235.9 6 7 8 9 Free tests can be downloaded from For further information, see For further information, see For further information, see Statement of Purpose and Personal Statement The Statement of Purpose and the Personal Statement are two of the most important documents that make up your application packet. Schools may either ask you for one or the other or both. Not all schools will ask you the same questions, which is why it is imperative to clearly read and answer all questions, also paying attention to length requirements. Revision is one of the most important things to remember during the process. Make sure you have plenty of professors, advisors, colleagues and friends read over your drafts prior to submitting your application. Writing these documents should not be taken lightly, and very simple grammar mistakes can often become red flags for the admissions committee evaluating your application. Make sure you provide yourself plenty of time; you may go through 6-10 drafts. Below you will find key information about the Statement of Purpose and Personal Statement. The Personal Statement This essay introduces you as a person to the application review board. You want to differentiate yourself from everyone else that may have a similar GPA or test scores. Should I disclose my undocumented status in my personal statement? This is a very common question, and ultimately it is a matter of personal choice. You may choose to disclose your status in order to discuss its impact on your life. It is important to familiarize yourself with the program so that you can feel comfortable with your decision. It is also critical that you establish a comfortable relationship with an admissions officer, faculty member, or staff representative of your desired institution who may be able to vouch for you in the end. Regardless of whether you disclose your undocumented status, the most effective personal statements are the ones that are most open and sincere about goals, motivations, experiences and passions. My undocumented status was always a centerpiece of my personal statements, and I always figured that if a school was not willing to accept me because of my status then it wasn’t a school I would be comfortable at anyway. (Perla Flores, B.A. Hispanic Languages & Bilingual Issues, U.C. Berkeley, M.P.H. Candidate, San Francisco State University) See Appendix A for a sample personal statement. 10 The Statement of Purpose Determine the purpose of your statement. Usually the purpose is to convince the admissions committee that you have the ability, relevant experience, and motivation to succeed in the field you choose. Remember that your statement needs to stand out among all the others, so make sure you include unique experiences and personal values. Discuss specific coursework, extracurricular activities, jobs/internships, and research experiences that demonstrate your interest in and accomplishments in your field of choice. This is also a good time to discuss a bad grade or any other questions or concerns that admissions officers are likely to have about your application. Remember that admissions counselors will assume the worst about a situation unless you explain. Anticipate reservations and address them if given the opportunity. Remember to reflect upon your academic record and personal accomplishments. For example, your quest for knowledge may have led you to conduct research with a professor, and poverty or lack of resources may have led you to seek out internships at the hospital that engaged your local community; bottom line you should discuss your background if it is relevant to your career goals. You may also want to include your future research interests and how they are a good fit with the program you are applying to, specifically mentioning existing research being done with “X” faculty member, which shows that you’ve researched the school and its faculty. If you decide to identify a faculty member in this way, you should reach out to that specific faculty member to have him/her on board or updated about your application. See Appendix B for a sample statement of purpose. unteer basis. There are also programs such as McNair or LSAMP that match students with professors so you could ask (probably at the career center) whether these services are available at your school. Do not be afraid to knock on professor’s doors and offer assistance in something they are working on that interests you−this cannot be emphasized enough! The more research you have under your belt, the more you will stand out in the graduate school application. At the same time, you will be making connections with professors who could write you a great letter of recommendation or be able to refer you to the right people for funding. Lastly, the opportunity to publish in an academic journal or be a co-author of a published article will improve your chances of getting into the graduate school of your choice. Do not be afraid to ask questions or push the academic envelope to your advantage. As a graduate student you have to be ready to work hard because you will have to read about three to four books a week and write long an undergraduate student you absorb things, but as a grad student you are expected to produce scholarship. (Carlos Macias, M.A. American Studies, Purdue University) Letters of Recommendation Letters of recommendation are extremely important in the application process. First, identify professors who know you well–preferably not just professors you’ve had in a large lecture class, but professors whom you’ve visited a lot during office hours or with whom you’ve done research. Provide them with plenty of time to write you a letter; two to three months would be ideal. Have a dialogue with the professors to discuss your academic interest and why you want to continue with your education. You should provide them with a copy of your Resume/CV, any relevant papers you’ve written, etc. Each letter should describe your accomplishments and character traits that the recommender has observed firsthand. Letters of recommendation need to be tailored to the specific program. Think about how the letters of recommendation you have ‘fit’ with the program you are applying to. For example, if you are applying to a program in economics, the committee will virtually discard any letter that is not from an economist. Other fields may be more flexible, but, overall you should think about how your recommender might be perceived by the program you are applying to. Some schools may require the letter be completed on their own application 11 Research Academic research that you completed as an undergraduate student is imperative when applying to graduate school because it will showcase your ability to manage and prepare for the next level of educational rigor in your desired field of study. To find professors who are researching in an area you are interested in, talk to professors you have class with or read journal articles by professors in your field to learn about their specific areas of research. You can then approach these professors to express an interest in their work since in many cases professors are looking for research assistants, either during the school year or during the summer. These positions may be paid, for course credit, or on a vol- form, and some may include a rating system for the recommender to fill out in addition to the letter. Make sure to allow consent to privacy acts if required by the letter of recommendation forms. Remember to keep track of your letters to ensure that they are submitted on time. If your professors are not being responsive, you may try e-mailing them or simply asking someone else. In general you should ask a few professors ahead of time if they are willing to write you a letter just in case someone is too busy, and always follow through with a thank you letter or update on your application process with those selected. This is not a requirement but rather common courtesy and an ability to expand and grow your personal network. See Appendix C for a Recommendation Packet Checklist prepared by Professor Roberta Espinoza. applicable when applying for fellowships or grants in graduate school. You should constantly update both your resume and CV because you may forget to include details if you wait too long to update. See Appendices D and E for sample resumes and Appendix F for a sample CV. GPA While GPA is an important part of the application process, you should not discourage yourself from applying if you have a low GPA. Of course the higher the GPA the better, but many graduate schools do not expect you to have a 4.0 GPA. Once again familiarizing yourself with the program is key. Look through the website to find the minimum or average GPA for your specific program and call the school if you can’t find this information on the website. You may also be able get away with a lower GPA if you have great research experience and an amazing personal statement and statement of purpose. If you are from an underrepresented population, then this should also provide you with added pride and motivation to continue the search, and schools may take this into account in the admissions process. Resume/Curriculum Vitae The primary differences between a resume and a Curriculum Vitae (CV) are the length, what is included and what each is used for. A resume is a one or two page summary of your skills, work and volunteer experiences, and education. A Curriculum Vitae can be longer (at least two pages) and is a more detailed synopsis of your work, including your educational and academic background as well as your teaching and research experience, publications, presentations, awards, honors, affiliations and other details. A resume is generally used when seeking a job in the business or non-profit world while a CV is used primarily when applying to academic, educational, scientific or research positions. It is also 12 Paying for Graduate School and Professional School Paying for graduate school is perhaps one of the greatest obstacles in attending graduate school. However, there are always options and opportunities for those who seek them out. Note that funding depends on the program you want to apply to. For example, a Master’s program is almost never fully funded by the school because it is a short program and a school may not find it worthwhile to invest in someone short-term. On the other hand, PhD programs are mostly fully funded because they require a time commitment of at least four years. Below are possibilities on how to fund graduate school: » Fellowships: A fellowship is a short-term opportunity that focuses on the professional development of a fellow and is sponsored by a specific organization or association. Fellowships are designed to support graduate study in a specific field, research to advance work in a particular issue, or the development of a new community-based organization or initiative.10 Depending on the funding, DREAM scholars may apply for such fellowships. Do your research, and if you have the right qualifications there may be ways to obtain access to these opportunities. » Scholarships: Private scholarships are a great way to get money for graduate school. Ask the schools you are applying to whether they can point you toward some relevant scholarships. Also ask professors, the career center, other students in your field, and mentors. If you are applying to private schools, the school itself may have specific scholarships that may or may not require a separate application. You won’t know unless you ask! » School Loans: It is possible to get access to student loans depending on the restrictions of the banking institution. While you may not apply for federal loans, some banks may allow you to get a student loan with a legal co-signer and others may give you a personal small loan. Contact your local banking agency for more information. » Fundraising: Sometimes the only way to pay for school is to fundraise for yourself. Some ideas include sending an e-mail to all acquaintances asking for a small donation or holding car washes and 10 “Fellowships,” UC Berkeley Career Center, Infolab/Fellow.stm (accessed May 2011) bake sales. Utilizing your network will be critical here. Originally, I wanted to apply to graduate school right after college, but I was tired of school and just wanted to work—I wanted experience. It was after my internship and after I experienced what my career would look like for the rest of my life that I decided to apply to graduate school. Pursuing a graduate program says a lot about you; it lets employers know that you are able to run that extra mile. (Alejandro Mendoza, B.S. Civil Engineering, Santa Clara University) 13 TYPES OF PROFESSIONAL SCHOOLS 15 16 16 17 17 18 20 21 Business Medicine Public Health Nursing Engineering Law Social Work Education 14 TYPES OF PROFESSIONAL SCHOOLS Business A graduate degree in business is earned by completing a Master’s in Business Administration (MBA), which usually takes two years. Most competitive business schools focus on admitting students who have several years of relevant work experience in their fields (meaning that most students enroll several years after they’ve completed college), but certain programs may accept students straight out of college. Many schools also offer “Executive MBA” programs, which are designed to be completed in the evenings and weekends by people who are concurrently working full-time. These programs sometimes have more lax admission requirements (particularly for GMAT scores), but they often look for more extensive work experience. A business degree increases competitiveness in the job market since many upper-level jobs in the corporate world require/prefer people with MBA’s. A generic MBA is a flexible degree that can be used in many fields; however, many MBA programs now also offer concentrations in specific areas such as investment management, real estate, entrepreneurship, and many more areas. Selecting a program with a specific concentration can make your degree even more valuable if you already have in mind a specific area in which you would like to apply your business skills. Further, business school provides very important networking opportunities by allowing you to meet a large group of other young professionals. Also, MBA’s are a “brand” and people may give you more recognition because of that credential, especially if it is an MBA from a competitive school. Overall, getting an MBA is not just about learning specific material but also about networking, which is especially valuable to new immigrants in the United States who might otherwise find it difficult to meet people in the corporate world. The first thing to do when considering applying to an MBA program is to assess your own goals and strengths and weaknesses to allow you to find the right fit in terms of business schools and the business world. For example, Stanford Business School is known for emphasizing teamwork (which is reflected in the school’s application essay topics) while Harvard puts more emphasis on individualized leadership (also reflected in that school’s essay topics), so you should look at schools’ websites and talk to knowledgeable people to determine which schools might be a good fit for your personality and working style. Second, you should choose a career goal; because MBA programs are shorter, you do not have much time to change your mind, especially if you are doing a program with a very specific concentration. With a career goal in mind, it will be easier to choose the right school, programs, courses and MBA concentration. Third, study and prepare for the GMAT; the better your score the better the chances of entering your program of choice. Other factors that are taken into consideration are work experience, undergraduate grades, essays, letters of recommendation, extracurricular activities and interviews (some schools).11 Issues that come up for undocumented students interested in the MBA program are how to pay, whether the school accepts undocumented students, and how to obtain relevant work experience. The cost of an MBA depends on the school; state schools will be cheaper while private schools may cost more but offer more funding. Another potential obstacle is licensing requirements for specific fields, which undocumented students may not qualify for, such as accounting (CPA), investing and real estate. Also, undocumented students may be at a disadvantage in the application process because prior work experience is key to be competitive at a top MBA program. Most programs require a minimum of 2 years of professional experience, but on average incoming students have 4 years of experience. For undocumented students, working as a sole proprietor or starting a LLC (both of these essentially mean owning your own business) are two viable options before or after completion of an MBA. The quality of your experience also makes a big difference. Although many people with experience in traditional blue chip corporate firms (consulting, banking) end up in MBA programs, these programs also accept people with less traditional backgrounds. For example, people may come into business school with experience in non-profit management, edu11 For further information about the MBA, see 15 cation, the military etc. The key is that your background shows a track record of leadership. Medicine Most students interested in the medical field begin preparing throughout their undergraduate degrees by taking the standard courses required of pre-med students. Most medical students major in science-related fields, but a science degree is not required. Students may choose to apply to medical school right after the undergraduate degree or may take some time off. Students admitted to medical school tend to have high academic achievement, including high MCAT scores and work experience and multiple extracurricular activities related to the medical field such as volunteering at a hospital or clinic, being a third rider on an ambulance, or performing scientific research with a professor. The medical school curriculum for the first two years is centered in factual knowledge and key skills such as critical thinking, establishing a relationship with patients and conducting medical histories and examinations. The final two years involve rotations through clerkships in primary care and specialty medicine, applying what was learned in the classroom. At some point during medical school, students must take the United States. Medical Licensing Examination (USMLE), a three-step test that all potential physicians must pass in order to practice medicine in the United States. and Canada. The first part covers basic medical principals and is taken at the end of the second year, the second part is on clinical diagnosis and disease development and is taken in the fourth year, and the final part on clinical management is taken during the first or second year of residency. Students interested in biomedical research usually enroll in M.D./ Ph.D. programs. Such students take the first two years of medical school and then, upon completion of one or two of the third-year clinical clerkships, enter the graduate phase of the program. Once they complete their Ph.D. curriculum, they return to clinical studies. The entire process takes seven to eight years. During the last year of medical school, students choose their specialties and begin to apply for their residency. Residencies are three-to-five year specialized training programs that follow graduation from medical school. Students are matched based on preferences by the National Resident Matching Program (NRMP) to ensure that applicants have a residency program appointment. Programs are competitive and limited in the number of 16 residency slots. Physicians must complete an accredited residency program to become certified to practice medicine. Physicians who seek more specialized training may pursue a fellowship. Once their education is complete, physicians obtain certification in their specialties. The median cost of medical school in 2010 was $49,298 for public school and $66,984 for private. The mean debt at graduation was $150,000 at public schools and $180,000 at private schools. Most medical students use loans to pay for medical school such as Stafford and PLUS. Other expenses related to medical school include a $160 application fee for the first school and $33 for each additional school, a $25-$100 secondary application fee and $235 for the MCAT.12 During your residency and fellowship, you will earn a small salary, but not nearly as much as a full-fledged doctor would make. As an undocumented student, you will find it difficult to go through the medical school process because, while you could apply and be accepted to medical school, you would only be able to complete the first two years of medical school since the process after the second year requires background checks and proof of legal status. If you are certain you want to become a doctor, you may consider applying to medical school outside of the country. Mexico and Cuba, for example, offer great medical programs with good incentives and more affordable prices.13 However, you should know that leaving the country has risks that should carefully be considered prior to taking action (see Going Abroad Section below). For an alternative option, see Public Health below. Public Health Alternative options for undocumented students interested in the medical field are Master’s or Ph.D. programs in public health. Public health is the science of protecting and improving the health of communities through education, promotion of healthy lifestyles, and research for disease and injury prevention. Public Health aims to improve the health and wellbeing of people around the world and works to prevent health problems before they occur. Public health incorporates the interdisciplinary approaches of epidemiology, biostatistics, and health services; other important subfields include environ12 For further information about the medical school application process, see 13 For further information on medical school in Cuba see http://www.medicc. org/ns/index.php?s=10&p=0 mental health, community health, behavioral health, and occupational health.14 Some of the programs include: » MPH – Master of Public Health » MHA – Master of Health Administration » MHSA – Master of Health Services Administration » MSPH – Master of Science in Public Health » Dr.PH – Doctor of Public Health » PhD – Doctor of Philosophy The application process for these programs is the same as that of general graduate school; schools look for high GRE scores and GPA, letters of recommendation, professional experience and clarity in goals. The cost of these programs varies depending on the school. » Master Entry Level Program in Nursing – Designed for students who have a degree in another field and are interested in becoming registered nurses. Length is about 2 years depending on nursing prerequisites. » Diploma – The Diploma in nursing combines classroom and clinical instruction usually over three years. To obtain an RN license you must meet the educational requirements, pass a criminal background check, and pass the national licensing examination. An application package can be found on the California State Board of Registered Nursing (BRN). Because a SSN is required for licensing in the state of California, many California nursing schools are starting to require a SSN for admission, which was not the case in the past. Students are advised to contact the school prior to applying to ensure that the school will be supportive. It is important to note that a social security number is not needed for the background check; an ITIN will suffice. As for the licensing examination, a social security number is required in most states, with the exceptions of Maryland and Vermont. While you may become licensed in a different state, you will not be able to practice in a state in which you are not licensed. Opportunities upon licensing include pursuing a graduate degree in nursing, an MBA with an emphasis in nursing, or working as a contractor at a non-profit (i.e. health educator). I thought about nursing because I could spend $3,000 and get a nursing degree and once I get legalized 5 years from now, I could be making at least $80,000 a year and pay off my debt. So not only could I make a lot of money, but the future for nursing is wide open and at the end of the day I can come home and say I made a difference in someone’s life, Sometimes even just asking, “How are you, how do you feel?” makes all the difference in the world for the patient or the family. (Elijah Oh, R.N.) Nursing In California, to achieve the RN title, a student must graduate from a state-approved school of nursing; this could be a four-year university program, a two-year associate’s degree program, or a three-year diploma program. After graduation, the student must then pass the RN licensing examination called the National Council Licensure Examination for Registered Nurses (NCLEXRN).15 Here is a description of different types of state-approved nursing programs in California: » BSN – the Bachelor of Science in Nursing (BSN) degree provides the necessary knowledge for professional nursing responsibilities. The first two years consist of science classes such as psychology, biology, microbiology, research statistics, etc. The second year focuses on nursing curriculum including pediatrics, community health nursing, pharmacology, etc. » ADN – the Associates Degree in Nursing (ADN) prepares students for nursing roles that require nursing theory and technical proficiency. The program lasts approximately two years at a community college; many students choose to return to school to get their BSN since job opportunities for ADN graduates are currently more limited than for BSN graduates 14 “Public Health Career,” What Is Public Health? http://www. (Accessed June 2011) 15 For further information about becoming a registered nurse in California, see and EspeciallyForYou/StudentNurses/GettingStarted.aspx Engineering Students interested in engineering can continue with higher education through a Master’s Program or Ph.D. The process of applying is the same as for general graduate school. Engineering schools look for students with high GPA and high scores in the quantitative section of the GRE. If you are interested in teaching, it is especially important for you to work closely with your undergraduate advisor, gain lab experience, have great 17 letters of recommendation, and possess excellent communication skills. Aside from graduate school, engineering students may take various tests to become licensed professional engineers. Below is the breakdown: *The following information comes from the Board for Professional Engineers, Land Surveyors, and Geologists Engineer-In-Training (EIT): This is the first step required under California law towards becoming a licensed engineer. This is a professional designation for a person who has passed the Fundamentals of Engineering Exam, an 8-hour multiple-choice examination. Having this certification does not mean you are not an engineer, as the name may imply; it means you have an understanding of fundamental engineering principals. The examination requirements are three years or more of postsecondary engineering education, three years or more of engineering-related work experience or a combination of postsecondary education and experience in engineering totaling three years minimum. Note that this test covers many, but not all types of engineering. For further information on requirements for specific types of engineering, see lic_lookup.shtml. Land Surveyor-In-Training (LSIT): similar to the EIT, this is the first step required under California law towards becoming a licensed professional land surveyor. The examination requirements are two years of postsecondary education in land surveying, two years or more of work-related experience in land surveying, or a combination of postsecondary education and experience in land surveying totaling two years. Professional Engineer: The second exam taken after passing the Fundamentals of Engineering Exam is the Principals and Practice of Engineering Exam (or PE exam). The PE exam covers many fields, so it is not just for one field of engineering. This exam is two days long, with two four-hour sessions on the first day. Six or more years of experience are required before you can take the PE. This includes four years of qualifying experience with an ABET-approved B.S. degree, one (optional) equivalent additional year of qualifying experience with an approved M.S. degree, and the remainder of qualifying work experience should be under a licensed engineer. Structural Engineers and Geotechnical Engineers are required to take additional tests, which require the PE 18 exam and additional work experience. They are 2-day exams that cover more specific subject matter. Neither U.S. Citizenship nor California residency is required to take any of the tests. However, you must provide a Social Security Number or an Individual Taxpayer Identification Number (ITIN) for the application to be processed.16 Gathering the necessary work experience is the greatest obstacle when pursuing a career in engineering. Networking is key when it comes to work experience; you may be able to find internships and employment by making connections with professors, professional engineers and other students. Also, keep in mind that unpaid work also counts as work experience toward testing. Lastly, work as an independent contractor may be possible, but you should take into consideration liability issues; it may be wise to explore this opportunity with an engineering firm. Internships help you understand and evaluate whether or not what you are doing is what you really want to do. You don’t want to spend four years in school and end up doing nothing related to it. Apply for anything, any piece of experience counts. Even if it is not related, it will give you an insight as to what you can potentially be doing. Also, get to know different people from different engineering fields even if they are not in your field—networking is key! All my engineering jobs came out of networking…One of my professors worked in an engineering firm, and through him I was able to get an internships as soon as I graduated from college—as a matter of fact, I began work the Monday after I graduated! (Alejandro Mendoza, B.S. Civil Engineering, Santa Clara University) Law Students interesting in attending law school should consider planning as early as their junior year of college. Seeking an undergraduate prelaw advisor or program is recommended. To begin law school right after graduation from a bachelor’s degree program, you would need to study for and take the Law School Admission Test (LSAT) ideally during your junior year or the summer after your junior year and apply to law schools during your senior year of college. However, taking time after college to gain more work or educational experience or 16 For further information on becoming an engineer in California, see http:// studying for and taking the LSAT and applying for law school after graduation is not a disadvantage. Law schools such as UCLA, UC Davis and UC Irvine have outreach programs designed to encourage and prepare high-potential undergraduate and graduate students for a career in law by demystifying the law school experience. These programs often aim to increase the diversity of the national law school applicant pool. Some programs (i.e., UCLA Law Fellows) even make available scholarships to pay for a commercial LSAT preparation course, which can cost more than $1,500 and are considered indispensable for success on the exam.17 There is no specific undergraduate degree required to apply for law school. Law schools consider applicants from a diverse range of undergraduate majors and recognize that future employers value attorneys with a background and understanding of the legal problems from both the attorney’s and the client’s perspective. For certain types of law, it can be helpful to have an undergraduate degree in a related field. For example, to become a patent attorney specializing in biotech patents, an undergraduate degree in biology would be desirable. Finding the best law school for you has to do with more than school ranking. While school ranking is very important, higher rankings attract more applicants and make admissions more difficult. Also, while the most prestigious law firms focus on recruiting graduates of top law schools, non-profits or smaller law firms are often much less focused on which law school a student attended, so you can have job options coming from a less popular school. You should not fall into the trap of thinking, “It has to be Harvard or nothing.” Instead, look at programs that interest you at your top schools and apply for those specializations in addition to the general law school application. These programs may have earlier deadlines and usually require extra essays, so find them early and apply. Applying for programs and specializations within a law school increases your chances of admissions by forcing your application to be reviewed more than once. Internal program directors may advocate for specific applicants that are a good fit for the program even when the school would not have considered the applicant under the general application guidelines. On the other hand, higher ranked schools may have more funding and may be more open to accepting undocumented students. It is usually advised that you 17 For further information regarding the UCLA Law Fellows Program, see http:// apply to a wide range of schools (10+) to ensure acceptance into at least one program and have options. For example, if you get into NYU, you can get a full ride even if you are undocumented. They have scholarships for being the first in your family and for being Latino, among others. Yale Law School has its own loan system that does not require a Social Security Number. Law schools generally offer a professional graduate degree called a Juris Doctorate, abbreviated as J.D. Traditional programs are full-time for three years but some schools offer two-year accelerated programs. Others offer four-year part-time programs for working professionals. Most law students take on a summer internship with a law firm, legal services organization or with a judge in the summers after their first and second year of study. For undocumented students, summer clerkships are available as long as they are not with the state or federal courts. While there is no set curriculum for law school, all first-year law students (1Ls) in an ABA-accredited law school take the same courses. The second and third year are used to meet the requirements for a concentration, taking courses to learn material that will appear in the Bar exam, or explore different fields on law. Before being able to practice law in any state, J.D. holders must get licensed to practice law in the state where they plan to work as attorneys. Applicants must first pass a state’s bar exam and be sworn-in and licensed. Most law school graduates study for their state’s bar exam from graduation time in May until late July, when the exam is administered in all states. Some states have a three-day exam, while others have a two or one-day exam. The bar exam is also administered in late February once per year. Most states require a J.D. from an ABA-accredited law school in the United States for admissions to their state bar. Upon admissions and licensing to the state bar, attorneys are given the title of Esquire (Esq.). Attorneys may practice any type of law in the state where they have been licensed and may also make one-time court appearances in other states with permission of that state’s bar association or under the supervision of a licensed attorney in that state. If you move to another state, you may have to take the Bar exam in that state in order to practice law there, even if you are already a licensed attorney in another state. Some states allow licensed attorneys from other states who meet certain requirements to waive into the Bar in that state without taking the Bar exam again. For example, New York permits admission on motion to applicants who have practiced five of the last seven years 19 in one of 34 jurisdictions that allow reciprocal admission to applicants from New York. Currently, undocumented students are able to sit for the Bar examination in California, but without a work permit, you remain ineligible to gain work in a traditional law firm. The California Bar Association began asking about an applicant’s immigration status in 2009 and is currently debating whether to deny admission to an undocumented applicant who recently passed the bar exam. If allowed to practice law in the state, undocumented attorneys would not gain employment authorization, but may engage in independent contracting and even open their own practice as partners or sole practitioners. If denied, the U.S. Supreme Court may have to determine whether under a 1996 federal law states have the authority to deny a license based solely on an applicant’s immigration status.18 Law school can be expensive and could exceed $150,000. Approximately 80 percent of law students rely on educational loans as their primary source of financial aid. Federal loans provide the lowest interest rates, while private loans are available at higher interest rates. Students in their second or third years of law school are sometimes offered work-study to offset law school cost, and some schools do offer scholarships to undocumented students. The greatest obstacle is paying for law school, but there are ways of funding your education through private loans, scholarships and fundraising. UCLA School of Law’s Latino Alumni have been very supportive of undocumented students and even set up the UCLA School of Law Marco Firebaugh Dream Fund to make sure that every AB 540 student admitted to UCLA Law gets a fair chance to graduate. Scholarship funds like the one at UCLA School of Law are often set up independently of the school and are hosted by community foundations. Setting up such a scholarship program requires the support of the administration, alumni, and community leaders. Being the first undocumented student at any law school may come with the task of helping put together a scholarship program for undocumented students. Also remember that in-state tuition laws like California’s AB 540 often extend to graduate school, allowing you to pay lower fees in your home state. Applicants should consider applying to schools where they will not be required to pay out-of-state tuition, which can be two to three times more. 18 For further information see undocumented_immigrant_be_admitted_to_practice_california_supreme_co/ I knew I had to learn a lot and make myself stand out. The fact that I am a DREAM Act student has really helped me, because it’s going to make me stand out from most other law students. That’s what’s kept me going. I have this thing that a lot of people can’t experience. As much as it’s a detrimental thing in life, when you’re going to school it’s really a plus. (Krsna Avila, B.A. Psychology and Sociology, U.C. Davis, Prospective law school applicant) Social Work Social work is a profession for those who want to help others improve their lives. Social workers provide guidance for people in every stage of life, from children to older adults. They help individuals, families and communities deal with issues such as poverty, discrimination, child abuse and neglect, physical illness, stress, and mental illness. A career in Social Work generally requires a Master’s in Social Work (MSW). While some people begin with an undergraduate degree in Social Work (BSW), this is not a requirement for an MSW. MSW programs accept students with a broad range of undergraduate degrees, including Sociology, Psychology, Anthropology, and Ethnic Studies. The MSW requires two years of graduate work, which includes 900 hours of field placements. Generally, this is satisfied by internships in two settings. Some programs offer classes via distance education and/or three- or four-year part-time options. Many MSW programs require students to select a Concentration, such as Children, Youth and Families; Health; Mental Health; Older Adults and Families; or Community Organizing.19 There is also the possibility of obtaining joint degrees such as an MSW and a graduate degree in Law, Public Health, or Divinity. Social workers with MSW degrees are employed in a variety of public and private agency settings. Some social workers may choose to go into private practice as a licensed clinical social worker, which requires an MSW plus additional supervised work experience and an exam; unfortunately undocumented students are not eligible for this license. Graduate programs in social work vary in admission requirements e.g., minimum GPA, essential course work, the GRE; thus it is important to check each school’s website for this information. Application to a MSW program requires writing an essay about your background, strengths, and goals. It 19 For a directory of accredited MSW programs, see Accreditation/organizations.aspx 20 can be a dilemma about what to reveal with regard to your immigration status because there’s a chance that a program may reject you simply because of your status. However, the social work profession has a strong commitment to social justice and some programs may be sympathetic to you. Also, because social workers deal with diverse populations, being bilingual/bicultural is something to highlight as an asset. However, admission decisions include an evaluation of students’ work and volunteer experience, which could potentially put undocumented students at a disadvantage, so you may want to offer an explanation for why this history may not be strong. As undergraduates, prospective MSW students may want to seek out service learning, internship, and volunteer opportunities. As MSW applicants, they may want to include their involvement with social action and advocacy groups. After acceptance into an MSW program, the Field Education faculty will work with the student to find an appropriate internship. Candor with the field faculty will probably be helpful. Some settings, including those working directly with children, may require fingerprinting, which undocumented students can do. MSW programs in California offer significant stipends for some MSW students interested in working in Child Welfare or Mental Health.20 However, this requires signing a commitment to public employment, making these stipends unavailable to undocumented students under current law.21 Most employment opportunities upon graduation are with public agencies that expect workers to be regular employees. However, it may be possible to work as an independent contractor. Teaching Credential Program Teaching credential programs consist of coursework and field experience, including the student teaching required to obtain the Multiple and Single Subject teaching credentials in California. Students interested in teaching elementary school may enroll in Multiple Subject Instruction and students interested in teaching high school may enroll in Single Subject Instruction. Teaching credential programs typically take a year to complete. Admission into a Teaching Credential program varies by school, but at a minimum a bachelor’s degree is required (although some schools have programs that combine obtaining a Teaching Credential with getting a bachelor’s degree). Other requirements include a minimum GPA, letters of recommendation and a statement of purpose. Upon completion of the program, students become candidates for the California Multiple or Single Subject Teaching Credential and must submit an “Application for Credential Authorizing Public School Service” and an application fee. Below you will find detailed information about the Single Subject and Multiple Subject Teaching Credentials.22 Single Subject Teaching Credential The Single Subject Teaching Credential authorizes the holder to teach classes in most middle and high schools. However, a Single Subject Teaching Credential holder may be assigned to teach any grade level. Requirements for the Preliminary Credential for the Single Subject Teaching Credential 1. Complete a Bachelor’s degree at an accredited college or university 2. Satisfy the basic skills requirement 3. Complete a Commission-approved teacher preparation program including student teaching and teaching performance assessment and obtain formal recommendations from the college or university 4. Verify subject matter competency by one of the following three methods: a. Achieve a passing score on the appropriate subject-matter examinations b. Complete a Commission-approved subjectmatter program or its equivalent c. For specialized science subject only, individuals may take and pass the appropriate subject Education Students interested in the field of education may choose to teach elementary, junior high or high school, or continue with graduate school to become professors at a university or college. Students interested in teaching must comply with the teaching requirements of each state, while students interested in doing educational research must adequately prepare for acceptance into graduate school in education. While teaching credentials are required for most public school instruction, private schools frequently hire teachers who are college graduates but lack credentials. 20 For example, visit the California Social Work Education Center at UC Berkeley website at 21 For more information about the profession: 22 For further information about becoming a teacher in California, see http:// 21 matter examinations or obtain verification of subject-matter coursework 5. Satisfy the Developing English Language Skills, including Reading requirement, by completing a comprehensive reading instruction course that includes the following: the systematic study of phonemic awareness, phonics, and decoding; literature, language and comprehension; and diagnostic and early intervention technique 6. Complete a course (two semester units or three quarter units) in the provisions and principles of the U.S. Constitution or pass an examination given by a regionally-accredited college or university 7. Complete foundational computer technology coursework that includes general and specialized skills in the use of computers in educational setting. 6. Satisfy the Developing English Language Skills, including Reading requirement, by completing a comprehensive reading instruction course that includes the following: the systematic study of phonemic awareness, phonics, and decoding; literature, language and comprehension; and diagnostic and early intervention technique 7. Complete a course (two semester units or three quarter units) in the provisions and principles of the U.S. Constitution or pass an examination given by a regionally-accredited college or university 8. Complete foundational computer technology coursework that includes general and specialized skills in the use of computers in educational setting Note: Approved undergraduate courses may fulfill requirements 7 and 8; it is advised that students speak to their counselors to verify which classes are approved. Note: Approved undergraduate courses may fulfill requirements 6 and 7; it is advised that students speak to their counselors to verify which classes are approved. Required Exams CBEST The California Basic Educational Skills Test™ (CBEST®) was developed to meet requirements of laws relating to credentialing and employment. This test requirement in no way replaces any of the other requirements of subject matter knowledge, professional preparation, and practice teaching or field experience used in the issuance of credentials. The CBEST is designed to test basic reading, mathematics, and writing skills found to be important for the job of an educator; the test is not designed to measure the ability to teach those skills. 23 Multiple Subject Teaching Credential The Multiple Subject Teaching Credential authorizes the holder to teach in self-contained classrooms such as in most elementary schools. However, the holder may be assigned to teach in any self-contained classroom or serve in a core or team teaching setting. Requirements for the Preliminary Credential for the Multiple Subject Teaching Credential 1. Complete a Bachelor’s degree at an accredited college or university 2. Satisfy the basic skills requirement 3. Complete a multiple subject teacher preparation program including student teaching and teaching performance assessment and obtain formal recommendations from the college or university 4. Verify subject matter competency by one of the following two methods: a. Achieve a passing score on the appropriate subject-matter examinations b. Complete a Commission-approved subjectmatter program or its equivalent 5. Pass the Reading Instruction Competence Assessment. Note: Individuals who hold a valid California teaching credential issued upon completion of the teacher preparation program are exempt from this requirement. 22 Identification Policy for Both Computer-Based Testing and Paper-Based Testing You must bring to the test site or test center a current, government-issued identification printed in English, in the name in which you registered, bearing your photograph and signature. Copies will not be accepted. Acceptable forms of government-issued identification include photo-bearing driver’s licenses and passports. The Department of Motor Vehicles provides acceptable photo-bearing identification cards for individuals who do not have a driver’s license. Note that undocumented students cannot apply for a DMV photo-identification without a SSN and green card. Unacceptable forms of government-issued identification 23 For further information on the CBEST see index.asp include student and employee identification cards, social security cards, draft classification cards, and credit cards. If you have any questions regarding acceptable photographic identification, call Evaluation Systems before the test date. If the name on your identification differs from the name in which you are registered, you must bring official verification of the change (e.g., marriage certificate, court order). If you do not have proper identification at the time of your test, you will be denied admission to the test session. If you are refused admission to the test, for any reason, you will be considered absent and will receive no credit or refund of any kind. » Educational technology requirement. CSET: Preliminary Educational Technology is the current approved examination that is taken primarily by out-of-state credential candidates to fulfill the basic educational technology requirements for a Multiple or Single Subject Teaching Credential or an Education Specialist Instruction Credential. » Competence requirement for effective teaching of English Learners. CSET: Languages Other Than English (LOTE) may be used in conjunction with other valid examinations to demonstrate competence in the knowledge and skill areas necessary for effective teaching of English Learners and for the purpose of earning a Bilingual Authorization. Specific CSET: LOTE subtests have replaced the Bilingual, Crosscultural, Language and Academic Development™ (BCLAD™) Examinations as the required credential tests for this purpose. CSET The California Subject Examinations for Teachers® (CSET®) have been developed by the California Commission on Teacher Credentialing (CTC) for prospective teachers who choose to or are required to meet specific requirements for certification by taking examinations.24 The CSET program includes examinations designed to help candidates meet the following certification requirements: » Basic skills requirement. Candidates may satisfy all components of the state basic skills requirement by passing all three subtests of CSET: Multiple Subjects and the CSET: Writing Skills test. » Subject matter competence requirement. All candidates who need to meet the subject matter competence requirement for a Multiple Subject Teaching Credential must earn passing scores on CSET: Multiple Subjects. Candidates applying for a Single Subject Teaching Credential or an Education Specialist Instruction Credential may pass the appropriate examination(s) of the CSET as one method of satisfying the subject matter competence requirement. » No Child Left Behind (NCLB) subject matter requirement. For candidates who need to satisfy the NCLB subject matter requirement, candidates for a Multiple Subject Teaching Credential must use CSET: Multiple Subjects and candidates for a Single Subject Teaching Credential may use CSET: Single Subjects. 24 For further information on the CSET see asp Identification Policy You must bring to the test administration a current, government-issued identification printed in English, in the name in which you registered, bearing your photograph and signature. Copies will not be accepted. Acceptable forms of government-issued identification include photo-bearing driver’s licenses and passports. The Department of Motor Vehicles provides acceptable photo-bearing identification cards for individuals who do not have a driver’s license. Note that undocumented students cannot apply for a DMV photo-identification without a SSN and green card. Unacceptable forms of government-issued identification include student and employee identification cards, social security cards, draft classification cards, and credit cards. If you have any questions regarding acceptable photographic identification, call Evaluation Systems before the test date. If the name on your identification differs from the name in which you are registered, you must bring official verification of the change (e.g., marriage certificate, court order). If you do not have proper identification as described above, you will be denied admission to the test session. If you are refused admission, you will be considered absent and will not receive a refund or credit of any kind. *A SSN AND FINGERPRINT LIVESCAN ARE REQUIRED TO APPLY FOR A SUBSTITUTE OR TEACHING CREDENTIAL IN THE STATE OF CA. 23 Master of Arts/Ph.D. in Education Program Anyone can complete a Master of Arts, Education Ph.D. or a Doctorate in Education (Ed.D.), regardless of status. You do not need a teaching credential for any of these programs, but some programs prefer teaching experience (e.g. Curriculum and Teacher Education Programs). Education Ph.D. programs admit students from a range of backgrounds; candidates have experience in after-school programs, non-profits, student/community outreach, library and museum directors/staff, college admissions and teaching. Also, depending on the university, you can receive an M.A. in disciplines outside of Education. For example, some students have received an M.A. in Psychology to complement their Ph.D. in Adolescent Learning or an M.A. in Biology to further their expertise in Science Education. An Ed.D., on the other hand, would mostly require teaching experience and/or an M.A. in Education Administration. Admission requirements vary by school, but in general follow the graduate school admission requirements. This is a particularly viable option for undocumented students, because there are no employment or identification requirements. 24 GETTING INTERNSHIPS 26 26 26 26 27 Deciding Which Type of Internship to Look For Scholarships and Stipends Talking about Your Situation Strategic Networking: “It’s Not What You Know, It’s Who You Know” Mock Interviews 25 GETTING INTERNSHIPS Internships can provide an opportunity for you to determine whether you are interested in a particular career, gain experience in your field, create a network of contacts, and sometimes gain school credit. An internship may also lead to a full-time job. For undocumented students, internships are a great way to gain valuable work experience without being an employee. The fact that I had a lot of experience in the field already helped me a lot when searching for a job. It’s something I highly recommend to other students, to get internship experience as an undergrad. I took what I got; I took what came my way. As an undergrad I did a research internship through a fellowship that was half paid and half unpaid. I also got a lot of organizing and grassroots experience through different clubs and groups I joined on campus (Alexandra Moreno, B.S. Molecular and Cell Biology, U.C. Berkeley). ing on the organization or company, you may be able to negotiate the terms of a scholarship or stipend. Regardless of whether an internship involves money or not, you should take advantage of any type of work experience offered. Talking about Your Situation Disclosing your status when looking for an internship has many of the same risks and benefits as in other areas of life. In some cases, if the sponsoring organization knows that you are undocumented, it may be legally bound, or bound by policy, to turn down your application. On the other hand, if you lie about your status, you could set yourself up for extremely negative consequences if the untruth is ever discovered. Lying on an application could even cost you the ability to adjust to legal status in the future if the law or your situation changes. If you are unsure, then the best thing to do is to apply and once you have amazed them, then you can discuss the possibility of not getting paid or getting paid through other means, all without having to disclose status. Deciding Which Type of Internship to Look For There are two types of internships: work experience internships and research internships. Work experience internships provide real-world experience, usually at a business or non-profit. Research internships involve doing research alongside an expert in the field, frequently through a university. If you are interested in attending graduate school (i.e. getting a master’s or PhD), you should consider doing a research internship, whereas if you are interested in more hands-on work or a program in a field such as business, law, or engineering, you should consider work experience internships. Strategic Networking: “It’s Not What You Know, It’s Who You Know” Networking is a skill that should be mastered sooner rather than later. Every conference, meeting, lecture and social event is an opportunity to meet new people, build your reputation and create opportunities for yourself. There are countless scholarships, internships and other opportunities that have come out of simple networking, so go out and mingle! A few words of advice: » Create business cards and have them ready at all times (it is okay for your title to be student). Visaprint. com offers a “free” set of business cards with professional-looking designs (it’s not really free because you have to pay for tax and shipping, which is maybe $10 or less.) » Make it a habit to attend lectures, speeches, and other special events on campus and in your community because you never know who will be there. » Look at the program ahead of time and determine whom you may want to speak with afterward. 26 Scholarships and Stipends Depending on the type of internship, a scholarship or stipend may be available. For example, research internships at various college campuses are often funded through stipends independent from the school and are available without regard to immigration status. Depend- » Ask questions throughout the event. » Target key people you would like to talk to, introduce yourself and describe what you do. » If you are unable to identify someone on your target list, look for an individual you already know who is conversing with someone you do NOT know. » Exchange business cards and follow up with an email or a phone call. Effective networking is difficult for anybody. But keep in mind the following: recognize that the person you are trying to network with is a person, not just a contact that is going to ‘get you something’; always feel confident about yourself and your ability to positively contribute; finally, do not get down on yourself if things do not turn out the way you planned them with regard to networking. They often do not. The best relationships may emerge when you least expect it. (Santiago Campero, M.B.A., Massachusetts Institute of Technology) Mock Interviews Interviews are inevitable when applying for a job, internship or scholarship, and they can be a deciding factor. While interviews may seem intimidating, remember that practice makes perfect, which is why mock interviews are essential. Look for people that you consider to have good communication or people skills and ask them if they can practice an interview with you. Ask for feedback and repeat until you feel ready for the real thing. 27 EARNING A LIVING 29 Working for Yourself 29 29 31 31 32 33 33 33 34 34 Different Options Basic Guidelines for Independent Contractors Employees vs. Independent Contractors: Main Differences Employees vs. Independent Contractors: Examples Independent Contractor Work for Recent Graduates Talking to Potential Clients about Working as an Independent Contractor IRS Forms Required of Independent Contractors Starting a Sole Proprietorship Steps to Setting Up a Sole Proprietorship in California Final Words of Advice on Working as an Independent Contractor 34 Starting a Limited Liability Company (LLC) as a Worker Cooperative 35 35 35 Steps to Setting up a LLC in California Basic Characteristics of Worker Cooperatives Examples of Worker Cooperatives as LLCs 36 37 A Recap of Requirements for Different Types of Work Document Fraud 37 37 37 Definition of Document Fraud Effect on Employers Enforcement and Penalties 28 EARNING A LIVING Undocumented immigrants face significant barriers to pursuing employment in the United States. Employers are required to ask for proof of legal status, and it is illegal for any employer to hire a person knowing that the individual is not lawfully authorized to work. In this section, we have outlined some legal ways to earn money in the United States. It is your responsibility to determine whether you may legally pursue these options based on your immigration status. Be sure to consult with an experienced immigration lawyer first. Establishing a business is about pushing your personal limits, learning from your mistakes and taking risks. AB540 students know well how to do this. Don’t underestimate yourself and your abilities. You have skills and abilities that no other student at your college or university has. Market them and make a decent living out of it. (Karla C. Reyes, B.S. Business Administration, San Jose State University, Small Business Owner). Independent contractors generally use their own nameto do business, but they may decide to start their own company by starting a sole proprietorship and using a business name instead. Personal Identification Required: The person or company that pays is not required to ask an independent contractor to fill out an I-9 (used to verify an employee’s identity and to prove that the individual is able to legally work in the US), or otherwise inquire about immigration status. They will, however, require a Social Security Number or an Individual Taxpayer Identification Number (ITIN) to commence work. An ITIN is a tax processing number issued by the IRS to individuals who are not eligible to obtain a SSN. ITINs are issued regardless of immigration status because both resident and nonresident aliens may file and report taxes. See Appendix G for W-7 Form: Request for Taxpayer Identification and Certification.26 Note that federal law does prohibit an employer from hiring a contractor to perform work if the employer knows that the worker is not authorized to work in the United States. Liability: An independent contractor receives all profits and is held liable for all losses and debts.27 Taxes: An independent contractor must pay self-employment tax and income tax. An independent contractor may use a Taxpayer Identification Number (ITIN) to file and pay taxes instead of a Social Security Number (SSN).28 Working for Yourself Different Options Although employers may not knowingly hire an unauthorized immigrant, federal and state laws often do not require proof of immigration status for an individual to go into business for him or herself and receive payment for goods or services. Individuals who perform services, but are not employees, are sometimes categorized as independent contractors. Definition: An independent contractor is a self-employed person who produces a specific type of work product in a determined amount of time. The difference between an independent contractor and an employee is discussed below, but the general rule is that the person paying an independent contractor has the right to control or direct only the result of the work and not what will be done and how it will be done.25 The independent contractor may be paid an hourly rate or a flat fee. 25 For further information on independent contractor work and guidelines see,,id=99921,00.html Basic Guidelines for Independent Contractors *This section comes from IRS Publication 15-A, 2010 Edition, page 6. The general rule for being an independent contractor is that the payer has the right to control only the result of the work and not what will be done and how it will be done. The IRS formerly used what has become known as the “Twenty Factor” test. Under pressure from Congress and from representatives of labor and business, it has recently attempted to simplify and refine the test, consolidating the twenty factors into eleven main tests, and organizing them into three main groups: behavioral control, financial control, and the type of relationship of the parties. Those factors appear below, along with comments regarding each one:29 26 27 28 29 Ibid. Ibid. Ibid. IRS Publication 15-A, 2010 Edition, page 6 is at irs-pdf/p15a.pdf (PDF). Another good IRS resource for understanding the independent contractor tests is at article/0,,id=99921,00.html 29 Behavioral Control: Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of 1. Instructions the business gives the worker. An employee is generally subject to the business’ instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work: a. When and where to do the work b. What tools or equipment to use c. What workers to hire or to assist with the work d. Where to purchase supplies and services e. What work must be performed by a specified individual f. What order or sequence to follow ten has a significant investment in the facilities he or she uses in performing services for someone else. However, a significant investment is not necessary for independent contractor status. 5. The extent to which the worker makes services available to the relevant market. An independent contractor is generally free to seek out business opportunities. Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market. 6. How the business pays the worker. An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time. This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. An independent contractor is usually paid by a flat fee for the job. However, it is common in some professions, such as law, to pay independent contractors hourly. 7. The extent to which the worker can realize a profit or loss. Since an employer usually provides employees a workplace, tools, materials, equipment, and supplies needed for the work, and generally pays the costs of doing business, employees do not have an opportunity to make a profit or loss. An independent contractor can make a profit or loss. The amount of instruction needed varies among different jobs. Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. The key consideration is whether the business has retained the right to control the details of a worker’s performance or instead has given up that right. 2. Training the business gives the worker. An employee may be trained to perform services in a particular manner. Independent contractors ordinarily use their own methods. Financial Control: Facts that show whether the business has a right to control the business aspects of the worker’s job include the following: 3. The extent to which the worker has unreimbursed business expenses. Independent contractors are more likely to have unreimbursed expenses than are employees. Fixed ongoing costs that are incurred regardless of whether work is currently being performed are especially important. However, employees may also incur unreimbursed expenses in connection with the services they perform for their business. 4. The extent of the worker’s investment. An employee usually has no investment in the work other than his or her own time. An independent contractor of30 Type of Relationship: Facts that show the parties’ type of relationship include: 8. Written contracts describing the relationship the parties intended to create. This is probably the least important of the criteria, since what really matters is the nature of the underlying work relationship, not what the parties choose to call it. However, in close cases, the written contract can make a difference. 9. Whether the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. The power to grant benefits carries with it the power to take them away, which is a power generally exercised by employers over employees. A true independent contractor will finance his or her own benefits out of the overall profits of the enterprise. 10. The permanency of the relationship. If the company engages a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that the intent was to create an employer-employee relationship. 11. The extent to which services performed by the worker are a key aspect of the regular business of the company. If a worker provides services that are a key aspect of the company’s regular business activity, it is more likely that the company will have the right to direct and control his or her activities. For example, if a law firm hires an attorney, it is likely that it will present the attorney’s work as its own and would have the right to control or direct that work. This would indicate an employer-employee relationship. Employees vs. Independent Contractors: Main Differences30 An Employee Has a continuing relationship with an employer Normally is furnished significant tools, materials, etc. by the employer Can quit at any time without incurring liability Must comply with instructions about when, where and how to work Is trained by the employer An Independent Contractor Does the same work for multiple clients Has own tools and equipment and can hire, supervise and pay assistants. Receives all profits and is held liable for all losses and debts Sets his or her own hours and work schedule Uses his or her own methods It’s easy for us to make immigration status our number one problem, but with a little bit of work you can live a meaningful life. There are possibilities, but they are not served on a silver platter. It’s psychological, more than anything. It’s about how you sell yourself. Do not let people take advantage of you. Figure out how much you need to earn and do not settle for less. Just know that more solutions will open up in the future. (Mario Lio, B.S. Civil Engineering, U.C. Berkeley) Employees vs. Independent Contractors: Examples *This section comes from “Your Rights As An Independent Contractor, Part 4: Industry Examples,” Below you will find examples of the types of work considered to be an independent contractor or an employee.31 Computer Industry Independent Contractor. Steve Smith, a computer programmer, is laid off when Megabyte Inc. downsizes. Megabyte agrees to pay Steve a flat amount to complete a onetime project to create a certain product. It is not clear how long it will take to complete the project, and Steve is not guaranteed any minimum payment for the hours spent on the program. Megabyte provides Steve with no instructions beyond the specifications for the product itself. Steve and Megabyte have a written contract, which provides that Steve is considered to be an independent contractor, is required to pay Federal and 30 “Employee or Independent Contractor? The $1,000,000 Question,” InsureEvents, Employee%20Or%20IC.htm (accessed September 2011) 31 “Your Rights As An Independent Contractor, Part 4: Industry Examples,”, laborlaws/l/aa121800_4.htm (accessed September 2011) 31 state taxes, and receives no benefits (such as health insurance, vacation pay, or sick pay) from Megabyte. Megabyte will file a Form 1099-MISC. Steve does the work on a new high-end computer, which cost him $7,000. Steve works at home and is not expected or allowed to attend meetings of the software development group. Steve is an independent contractor. Building and Construction Industry Employee. Jerry Jones has an agreement with Wilma White to supervise the remodeling of her house. She did not advance funds to help him carry on the work. She makes direct payments to the suppliers for all necessary materials. She carries liability and workers’ compensation insurance covering Jerry and others he engaged to assist him. She pays them an hourly rate and exercises almost constant supervision over the work. Jerry is not free to transfer his assistants to other jobs. He may not work on other jobs while working for Wilma. He assumes no responsibility to complete the work and will incur no contractual liability if he fails to do so. He and his assistants perform personal services for hourly wages. They are employees of Wilma White. Employee. Milton Manning, an experienced tile setter, orally agreed with a corporation to perform full-time services at construction sites. He uses his own tools and performs services in the order designated by the corporation and according to its specifications. The corporation supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers’ compensation insurance on him. He does not have a place of business or hold himself out to perform similar services for others. Either party can end the services at any time. Milton Manning is an employee of the corporation. Employee. Wallace Black agreed with the Sawdust Co. to supply the construction labor for a group of houses. The company agreed to pay all construction costs. However, he supplies all the tools and equipment. He performs personal services as a carpenter and mechanic for an hourly wage. He also acts as superintendent and foreman and engages other individuals to assist him. The company has the right to select, approve, or discharge any helper. A company representative makes frequent inspections of the construction site. When a house is finished, Wallace is paid a certain percentage of its costs. He is not responsible for faults, defects of construction, or wasteful operation. At the end of each 32 week, he presents the company with a statement of the amount he has spent, including the payroll. The company gives him a check for that amount from which he pays the assistants, although he is not personally liable for their wages. Wallace Black and his assistants are employees of the Sawdust Co. Independent Contractor. Bill Plum contracted with Elm Corporation to complete the roofing on a housing complex. A signed contract established a flat amount for the services rendered by Bill Plum. Bill is a licensed roofer and carries workers’ compensation and liability insurance under the business name Plum Roofing. He hires his own roofers who are treated as employees for Federal employment tax purposes. If there is a problem with the roofing work, Plum Roofing is responsible for paying for any repairs. Bill Plum, doing business as Plum Roofing, is an independent contractor. Marketing Industry Independent Contractor. Lupe Castellanos was contracted by BoostIt Enterprises to represent a wellknown coffee brand at the Women’s Nike Marathon in San Francisco. A signed contract established that this was an independent contractor position, the hourly rate and duration of promotion. There were no instructions beyond a sample script provided by client to be used to learn and talk about the product at the event. Lupe also signed a W-9 form and will receive a 1099 Form from BoostIt Enterprises if she makes $600 or more working other events. All communication is done via e-mail or phone with the client. Lupe works from home using her own computer, phone and car. Independent Contractor Work for Recent Graduates Tutoring Tutoring is a very common type of work for independent contractors, especially recent college graduates. Possible ways to find clients include: posting an ad on Craigslist, calling local schools and asking to be put on their list of tutors, posting signs around college campuses, working for after-school programs, and marketing your services to friends and family, who in turn may provide you with potential clients. The most important thing is to make sure that you charge an adequate amount of money for your time and that you do not allow yourself to get paid a lower amount for fear of losing your client. Lastly, regardless of your major, there is always a high demand for mathematics, English and writing tutors at all levels of education. I did not apply to jobs I knew I couldn’t get because of my status. I knew the risk was high, so I chose not to do it. I found tutoring on my own while I was in school. The biggest barriers were mostly within myself. I would worry about a location being too far, needing a car, or students wanting to meet at night. The beginning step is always the scariest. Now I am comfortable with my students. Even though my jobs are not related to my field of study I feel okay because even people who have papers end up working in jobs not related to their field. But if I factor in my limitations, the only reason I am doing this is because of my legal status. (Mario Lio, B.S. Civil Engineering, U.C. Berkeley) » Make sure the type of work you wish to do follows the independent contractor guidelines » Become familiar with the legal aspects of working as an independent contractor » Highlight your assets and skills and be prepared to demonstrate how they meet the needs of your clients » Research similar types of work so you know the standard rate for your services » Become familiar with writing contracts and make sure to sign a contract with every client One of the greatest opportunities you can look forward to is working for yourself. You should be creative with what you do and not end up in a dead-end job. If you work for yourself, you do not have to wait seven years to get promoted. It’s all a matter of personality. Ask yourself, what type of lifestyle do I want to live? Keep in mind that the skills you’ve learned getting through college are transferrable to starting your own business. (Karla C. Reyes, B.S. Business Administration, San Jose State University, Small Business Owner) Promotions Working in promotions is also something that you many want to consider, especially because the work is very flexible and, in most cases, individuals are hired as independent contractors. There are hundreds of marketing companies looking for people to promote all types of products including alcohol, energy drinks, make-up, phone apps, cell phones, and even papayas! A good starting point to finding work as a promoter is to look on Craigslist under the “Gigs” section under “Events.” Most posts will indicate that they are looking for brand ambassadors or promotional models. Getting job offers is difficult; knowing how to approach it is the key. (Dana Kim, B.A. Architecture, U.C. Berkeley) IRS Forms Required of Independent Contractors W-9: The IRS requires that payers use Form W-9 to obtain taxpayer identification numbers from independent contractors. The W-9 is filled out at the start of work by an independent contractor and kept on record by the payer.32 See Appendix H for Form W-9. 1099: The IRS requires that payers use Form 1099 to record the total amount of money paid to independent contractors in any given calendar year. A payer must file a 1099 for each independent contractor paid $600 or more. A copy of the 1099 is given to the independent contractor.33 See Appendix I for Form 1099. Other Ideas There are many, many other areas where students or graduates can use skills they learned in school or outside of school. Many tech companies hire a significant portion of their computer programmers as independent contractors, while more basic skills such as dog-walking, child care, and party planning can easily become the basis for starting a business or doing independent contractor work. Starting a Sole Proprietorship Definition: An independent contractor may wish to start his or her own company and provide services in the form of a sole proprietorship. A sole proprietorship is a type of business entity owned and run by one individual where there is no legal distinction between the owner and the business. With a sole proprietorship, the owner may use a trade name or a business name other than his or her own legal name to do business; in the United States. there is a requirement to file a doing business 32 For a PDF download of the W-9 form, see fw9.pdf 33 For a PDF download of the 1099 form, see f1099msc.pdf Talking to Potential Clients about Working as an Independent Contractor When it comes to speaking to potential clients about working as an independent contractor, you may consider doing the following: 33 as (dba) statement with a local government agency, such as the county clerk’s office.34 Note: Working as a sole proprietor still means that you are working as an independent contractor. You have the same liability, should follow the same guidelines, and must use the same tax forms as an independent contractor. often go to 1-3 meetings free of charge to “try out” the organization, so consider taking advantage of these networking opportunities even if you don’t join the organization. » No organization is too small or too big to contract you. Large organizations often have more resources and more expertise in hiring independent contractors. » Try your best to open opportunities for other small business owners and immigrant students. » Seek out and foster mentor relationships with business professionals and business owners. Starting the business is not difficult; it’s maintaining the business that gets tough. You need financial assistance when starting business to do things right. Managing the business and working with clients can get hectic. I had access to business mentors, but they were not available for me all the time. I did not have enough experience on how to run the business when I started, but now that I have more time I want to seek other resources and other people with experience. (Karla C. Reyes, B.S. Business Administration, San Jose State University, Small Business Owner) Steps to Setting Up a Sole Proprietorship in California35 1. Go to the county clerk and apply for a name for the company. The cost is about $35 depending on the type of business. 2. Go to city hall to register the business and get a business license. The cost is about $10. 3. Open a business account at a bank. 4. Other requirements may have to be fulfilled depending on the county, such as registering with the local newspaper. I think students and recent graduates tend to follow the herd and say, let’s go apply for a job. I would highly recommend starting your own business and being an entrepreneur. Start you own business in whatever your passion may be, whether it is tutoring or making chocolates. You don’t need much other than hard work and some starting money, but a good business idea and hard work is most important. Also, it’s a great idea to partner with other graduates, because you can’t do it alone. (Alexandra Moreno, B.S. Molecular and Cell Biology, U.C. Berkeley) Starting a Limited Liability Company (LLC) as a Worker Cooperative Definition: A worker cooperative is a business comprised of members who are both workers and owners of the business. Members can control the structure and practices of the work environment. Businesses who hire a worker cooperative are hiring the cooperative not a single member. Therefore, they are not required to prove that the work being done by the worker cooperative qualifies as independent contract work.36 Personal Information Required: Businesses that hire a LLC are not typically required to obtain any information about the worker-owners of the LLC. In other words, as a worker-owner of a LLC, you should not be required to provide any personal information (your name or even an ITIN) to that business. Liability: A LLC is an unincorporated business organization, whose members are NOT responsible for the debts of the company. Obligation is limited to their 36 “Limited Liability Company (LLC),” State of California Franchise Tax Board, (accessed September 2011). Final Words of Advice on Working as an Independent Contractor *This section written by Karla C. Reyes, Owner of KCR Public Relations » You are not required to discuss your immigration status with any of your clients. » Seek out professional membership organizations in your field that will lead to meeting potential clients and building a reputation. For example, join your local chapter of the Hispanic Chamber of Commerce, Business Networking International (BNI), or Rotary Club. Some of these organizations, such as Rotary and BNI, charge dues. However, you can 34 “Sole Proprietorship,” State of California Franchise Tax Board, http://www. (accessed September 2011) 35 Ibid. 34 investment in the company, and each member of the LLC has the power to make decisions regarding the business.37 Taxes: Depending on the state that the LLC is established in, there are taxes to be paid. In California a LLC is taxed at the entity level, which means an $800/ year minimum franchise tax is imposed on every LLC, regardless of gross receipts or net income. Also, every year an FTB Form 568 must be filed and, if the LLC has revenues over $250,000, it must pay an annual fee based on the total income for the year.38 Basic Characteristics of Worker Cooperatives *The section comes from CICOPA (International Organization of Industrial, Artisanal and Service Producers’ Cooperatives)41 » They have the objective of creating and maintaining sustainable jobs and generating wealth, to improve the quality of life of the worker-members, dignify human work, allow workers’ democratic self-management and promote community and local development. » The free and voluntary membership of their members, in order to contribute with their personal work and economic resources, is conditioned by the existence of workplaces. » As a general rule, work shall be carried out by the members. This implies that the majority of the workers in a given worker cooperative enterprise are members and vice versa. » The worker-members’ relation with their cooperative shall be considered as different to that of conventional wage-based labor and to that of autonomous individual work. » Their internal regulation is formally defined by regimes that are democratically agreed upon and accepted by the worker-members. » They shall be autonomous and independent, before the State and third parties, in their labor relations and management, and in the usage and management of the means of production. Steps to Setting up a LLC in California39 1. The group of workers must research the type of business plan they want and the state regulations. 2. An agreement is made that establishes how the business will be managed, who the members will be, how membership will be granted or revoked, and any other details. 3. To become a LLC in California, a person or group must file Articles of Organization with the Secretary of State along with a fee of $70. The articles can be filed by filing a form on the Secretary of State’s website. 4. The group should develop a management agreement. In California, the Beverly-Killiea Limited Liability Company Act, Corp C 1700-17655 contains rules regarding internal management. 5. Within 90 days of filing the articles, the LLC must file a Statement of Information with the Secretary of State. This includes names and addresses of LLC management and all members of the LLC, the general nature of the LLC’s business activities, the name and address of the LLC’s agent of service of process and the address of the LLC’s principal business office. The statement would be filed every 2 years and when the information changes. 6. The LLC must obtain an Employer Identification Number (EIN) as its business tax identification number. The process of completing an EIN appliction on Form SS-4 can be done online, by phone, or through your attorney.40 37 Ibid. 38 For further information on taxes for LLC, see small/article/0,,id=98277,00.html 39 “Limited Liability Company (LLC),” State of California Franchise Tax Board, (accessed September 2011). 40 For further information on ITINs, see article/0,,id=222220,00.html Examples of Worker Cooperatives as LLCs Agriculture Lancaster Farm Fresh: a cooperative of 15 organic farmers who market and distribute organic produce and naturally raised farm products. Education Educational Software Cooperative: A software cooperative that brings together developers, publishers, distributors and users of educational software. http://www. The Math Tutor, LLC: Offers personalized tutoring and support for math topics and courses of any level, elementary school through college. 41 “World Declaration on Worker Cooperatives,” CICOPA, http://www.cicopa. coop/World-Declaration-on-Worker.html (accessed October 2011) 35 Home Services TeamWorks House Cleaning Cooperative: TeamWorks provides professional house cleaning services to Silicon Valley and Peninsula communities. TeamWorks Landscape Cooperative: Their specialty is regular garden and landscape maintenance using organic methods. Eco-Care Professional Housecleaning Services: A women’s cooperative made up of professionally trained workerowners whose business provides residential and commercial cleaning services. eco-care.html Health Care Cooperative Care: Cooperative Care is a worker-owned cooperative of home care workers and certified nursing assistants. A Recap of Requirements for Different Types of Work Full-Time Employee Personal Information Required Independent Contractor Co-Owner of LLC Name, Address, SSN, statement about whether you are a citizen of the United States, noncitizen national of the United States, lawful personal resident or an alien authorized to work I-9, W-2 Name, Address, SSN or ITIN None (All members may use the LLC EIN) Government Forms W-9, 1099, Form 1040 Form 8832 for classification of LLC, Form 1065 for LLC partnership, Form 1120 for LLC Corporation LLC pays $800/ year minimum franchise tax + annual fee based on total income. Co-owners must pay income tax based on earnings from LLC. LLC pays $70 for Articles of Organization + attorney fees for filing and creating an agreement (in California). Taxes Employer withholds income tax, social security tax and Medicare tax from each paycheck. Employee must file income tax return and pay federal income tax. None Contractors must pay selfemployment and income tax. Contractors must file an income tax return for earnings over $400 and pay federal income tax based on net income. Contractor pays $35 for fictitious name registration with county and $10 for business license (in California). Startup Costs 36 Document Fraud * This section written by Bill Ong Hing, Professor of Law at the University of San Francisco. Working with false documentation may have implications in the long run. Congress has enacted special laws to punish individuals who use false immigration documents to obtain work in the United States. » Civil penalties for document fraud range from $250 to $2,000. » Individuals may be removed (deported) and be permanently inadmissible. » Individuals who assist others in document fraud may be imprisoned for up to five years if they (1) knowingly and willfully concealed, failed to disclose, or covered up; (2) receipt of a fee or other remuneration; (3) for preparation or assistance in the preparation of the immigration benefit application form; (4) an application for immigration benefits; and (5) committed fraud in the preparation of such application. » Individuals may also be subject to criminal penalties, including fines up to $5,000 and imprisonment up to 5 years, for misuse of immigration documents. » Individuals who are found to have committed civil document fraud are also deportable. Definition of Document Fraud The following provisions apply to all workers including U.S. citizens and those that are here in an undocumented status. It is unlawful for any person to knowingly: » Forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of the Immigration and Nationality Act; » Use, attempt to use, obtain or receive any forged, counterfeit, altered, or false document to satisfy any requirement of the Immigration and Nationality Act; » Use or attempt to use any document lawfully issued to a person other than the possessor for the purpose of satisfying a requirement of the Immigration and Nationality Act; and » Accept or receive any document issued to a person other than the possessor for the purpose of complying with employment document requirements for employer sanctions under 8 U.S.C. 1324a(b) Effect on Employers Employers violate the civil document fraud provisions only if they knowingly accept fraudulent documents. As long as an employer accepts documents that on their face reasonably appear valid, the employer has not committed document abuse and has not violated the civil document fraud provisions. Enforcement and Penalties If Immigration and Customs Enforcement (ICE) suspects that a person or employer has violated the civil document fraud provision, it will issue a Notice of Intent to Fine (NIF) against the individual or employer. Within 60 days the individual or employer must request in writing a hearing before an Administrative Law Judge (ALJ) or the Chief Administrative Hearing (OCAHO). If the hearing is not requested, ICE will enter a final order against the individual or employer for having violated the civil document fraud provision. The following penalties could be enacted: 37 GOING ABROAD 39 39 Risks Personal Narrative from Beleza Chan: “My desire to grow and do something was larger than my ties to the United States.” 38 GOING ABROAD If you cannot secure meaningful work opportunities in the United States, you may wish to consider returning to your home country or going to a new country to pursue your career. This may be a good option if you have completed your degree, still have close family members and connections in your home country, and/or have no viable path towards legal status in the United States. The following steps can be followed if you are interested in this possibility: Consult an immigration attorney before you decide to go abroad. This will allow you to become informed of your current legal options in the United States and to compare these to your future options abroad. We find that many students do not know that they have legal options in the United States simply because they have not sought out help from an attorney. For a free online analysis of your immigration remedies, visit www.e4fc. org and submit a confidential and anonymous intake form. 1. Do research on the country where you plan to reside. Research employment opportunities, the legal process required to be able to work, and the country’s conditions/lifestyle. You don’t want to realize after going abroad that you would have preferred to stay in the United States, even under unlawful status. Try connecting with people who currently live in the country. With the Internet, it is relatively easy to connect with people abroad. 2. Research whether you have possible ways of reentering the United States after you leave. Personal Narrative from Beleza Chan: “My desire to grow and do something was larger than my ties to the United States.” I moved to the United States from Brazil in December 2002. I went to high school in San Francisco, community college in Pacifica, and eventually graduated from UC Berkeley with a degree in Sociology. Within a year after graduating from UC Berkeley, I began exploring options to pursue graduate school outside the country. I felt trapped in the United States and sad about leaving the life I had, but I knew I would be more depressed if I stayed, unable to realize my potential or see how far I could get in life. My desire to grow and do something was larger than my ties to the United States. I was admitted into a graduate program in Planning at the University of Toronto, and in July 2010, I returned to Brazil in order to apply for a Canadian student visa. My plan wasn’t to stay in Brazil, but unexpectedly I was denied the student visa to Canada and I knew I wouldn’t be able to return to the United States immediately. I began teaching English for about 10 hours a week and looking for full-time employment. After just a few months, I found a job at a college consulting company that helps Brazilian students apply to college in the United States. Things have worked out, and I am really happy where I am right now. It is better than I could’ve imagined. I have my father and extended family in Brazil. My dad and I are very different people, so we are not very close. I moved out about 10 months after living with him. I love my extended family here. It is actually very nice to be surrounded by people I am connected to by blood. My mother, younger brother, and younger sister are permanent residents in the United States. I left them behind when I moved. About nine months after I arrived in Brazil, I investigated possibilities to return to the United States. Primarily I wanted to see my partner, who still lives in San Francisco, but I also had some work-related business to attend to. I applied for my new tourist visa, and soon after I received a call at my job from U.S. immigration officials, who wanted to interview me. I showed up at the interview and told them about my visa overstay. They said they could not issue me a visa and that their 39 Risks Individuals who have been unlawfully present in the United States for a year or more after reaching the age of 18 are subject to a 10-year bar from reentering the United States once they leave. There are waivers of the 10-year bar, but they are very difficult to obtain; they normally require students to prove that being out of the country would cause extreme hardship to their U.S. citizen spouses or lawful permanent resident parents or spouses. Please note: If you leave the United States, it is very possible that you will not be able to return for a long time. system would only allow that in ten years. I asked them if there was a waiver. They said that they could submit one on my behalf but that it would take six months to one year to get a response from the Department of the State. They never asked to see my supporting documents or fill out any forms for the waiver. I assumed the process would take at least six months, as I was told. I was sad about not being able to return immediately to the United States, about not being able to fulfill my job duties and about disappointing my boss, but I decided to just continue with life. In reality, the waiver process took much less time. Only a couple weeks later, the lady at the U.S. consulate called me again and asked me to present my passport in order to get my visa. It only took about a month to complete the entire process, and once it was over, I felt relieved. I was still nervous about going through immigration in the United States, though. When I re-entered the country, the official asked me if I had had a problem during my last stay. When I admitted to him about having overstayed my visa before, he sent me to a room to “clear me” because he could not do it in his system. I went to the room where it seemed only brown people were allowed, since no one was lighter-skinned than me. I talked to the Homeland Security official about my previous overstay, my mom’s residency status, what the purpose of my current trip was, where I worked, etc. Then he let me into the United States. 40 EXPLORING YOUR IMMIGRATION REMEDIES 42 Spotlight on Non-Immigrant Employment-Based Visas 42 42 43 43 43 44 Key Things to Consider What is the D3 Waiver Option? How Do I Apply for a D3 Waiver? What is an H-1B? Is the D3 Waiver Guaranteed? H-1B Success Story: Dan-el Padilla 41 EXPLORING YOUR IMMIGRATION REMEDIES It is important to understand your immigration status and learn about potential remedies. Educators for Fair Consideration’s Legal Services team provides free analysis of possible immigration remedies to immigrant students nationwide. Undocumented students, who are trained by committed and experienced immigration attorneys, do much of this work. This confidential and anonymous service is intended for immigrant students who do not yet have legal residency or citizenship in the United States. Students should be under 35 years old and enrolled (or intending to enroll) in college. If you or someone you know would benefit from the Legal Services, you can fill out an online intake form at While there are numerous immigration remedies that may be available to undocumented students, we include detailed information about one remedy that may not be commonly known to attorneys working with undocumented students. 1. We strongly recommend that you have a personalized consultation regarding your status with a qualified nonprofit or a licensed immigration attorney. Immigration rules are incredibly complex. A legal consultation is like having a doctor take a full history on the first office visit. It is essential to understanding all options and also all potential problems. 2. The H-1B/d3 waiver option is a short-term, not a long-term, solution. Being in status with work authorization, a Social Security number, and a driver’s license, is a tremendous step for you if the H-1B/d3 waiver is successful, but it does not provide longterm status in the United States. That will require a separate plan or action by Congress. 3. H-1B visas are sponsored by employers. You are advised to develop relationships with potential employers through internships, volunteering, networking, etc., so that the employer may be more likely to support the H-1B process. The H-1B/d3 option is not common, so if an employer is interested but there are concerns about timing, requirements or funding, please let us know and we can discuss these. Some employers or you may choose not to pursue this option; our goal is to help provide good information so that the option can be considered in a clear light. Spotlight on Non-Immigrant Employment-Based Visas * This section written by Curran & Berger, an immigration law firm based in Northampton, Massachusetts42 Although many foreign-born graduates obtain an H-1B visa to work in professional employment in the United States, you may encounter serious limitations to entering the U.S. workforce because of your lack of legal status. As a result, you can get discouraged, feeling as though your hard work in college cannot pay off because, in the end, you are unauthorized to work. However, the so-called “d3 waiver” may be one option for allowing you to obtain H-1B status after graduation. It can also provide hope to stay in school. What is the D3 Waiver Option? The Immigration and Nationality Act §212(d)(3) waiver, known commonly as the d3 waiver, excuses many but not all grounds of inadmissibility to the United States, including unlawful presence, the only immigration law violation of most undocumented graduates. If you have been present in the United States for one year or more in violation of immigration laws, leaving the United States triggers a 10-year bar to readmission. An approved d3 waiver overcomes that bar for temporary visa purposes, allowing you to then apply for an H-1B visa at a U.S. consulate and then (if the visa is granted) enter the United States in valid nonimmigrant status with work authorization. 42 Key Things to Consider In considering this option, please keep in mind these key points: 42 For more information, please visit: How Do I Apply for a D3 Waiver? You can apply for a d3 waiver in two ways: at a U.S. Consulate or a Port of Entry in your country of citizenship. Application for the d3 waiver thus requires you to leave the United States. It is important to remember that not only will departure automatically trigger the 10-year bar in most cases, but you will need to return to your birth country, which may be unfamiliar to you. You are also advised to consider the consequences of leaving the United States to apply for a d3 waiver before receiving H-1B petition approval. Even with petition approval, the d3 waiver and H-1B visa application are not guaranteed, so you should carefully weigh the risks and benefits of leaving the United States with your employer and with qualified legal counsel. The application for a d3 waiver is made with the application for an H-1B visa abroad. Approval of the d3 waiver does not automatically grant an H-1B visa, but rather removes the bar from the H-1B visa being granted. You will still need to meet all of the requirements for an H-1B to be granted a visa. wage paid at the company for others in the same job, among other attestations.43 The H-1B petition is submitted to USCIS with Form I-129 and supplements, a Labor Condition Application (LCA) certified by DOL, and evidence of the specialty occupation and the applicant’s eligibility for H-1B status. H-1B petition approval does not guarantee H-1B visa approval, even without the necessity of the d3 waiver application. USCIS adjudicates petitions, but a different agency, the Department of State (DOS), issues machine-readable visas (MRVs) outside the country. If you apply for an H-1B MRV concurrent with your d3 waiver application at a U.S. consulate abroad, H-1B petition approval by USCIS is the necessary first step.44 Is the D3 Waiver Guaranteed? A d3 waiver could be denied, or might be approved only after weeks or even months of delays. This is why it is important to wait for H-1B petition approval before making plans to leave the United States. Is there any written guidance on d3 waiver adjudication? The leading precedent decision on d3 waivers, Matter of Hranka, 16 I&N Dec. 491 (BIA 1978), articulated three criteria for consular officers to rely on when deciding whether an applicant’s immigration violation should be waived: 1. The risk of harm to society if the applicant is admitted to the United States. For most undocumented students, their risk of harm to society is low if they intend to enter the United States as a working professional. Rather, there may be a potential benefit to U.S. society. 2. The seriousness of the applicant’s prior immigration law, or criminal law, violations. This is compared to the range of grounds of inadmissibility covered by the d3 waiver. The immigration violation of unlawful presence, for example, is less serious than criminal convictions, drug offenses, or smuggling. 3. The reasons for wishing to enter the United States. This is not limited to exceptional or humanitarian circumstances, but covers any legitimate purpose. 43 For employer-specific resources on visa matters, please follow this link: 44 For more information on H-1Bs, please follow these links: (See “Visas After Graduation”) What is an H-1B? An H-1B nonimmigrant visa is a temporary visa for professional workers in specialty occupations that normally require a bachelor’s degree or equivalent as a minimum requirement. Typical examples of H-1B eligible professionals are computer programmers, engineers, teachers, scientists, and lawyers. The H-1B visa is valid for three years and can be renewed for an additional three years. For H-1Bs, the job and the degree must match. For example, an English major who is talented with computers, but who only has limited academic or work experience in computer programming, may not be eligible for an H-1B as a computer programmer, even if he/she is a better programmer than a computer science major. Generally, U.S. Citizenship and Immigration Services (USCIS) will look at the degrees held by others with similar jobs at the same company and in the industry as a whole, to decide whether an H-1B is appropriate. For an H-1B, the employer is the petitioner, and they are required to make successive filings with the Department of Labor and then with USCIS. The employer must “attest” (promise) that it will pay the prevailing wage for that job in that geographic area, as well as to the actual 43 Entering the United States for the purpose of pursuing professional employment with a non-profit, for instance, could be considered a legitimate reason at the discretion of the consular officer. Consular officers also receive guidance from the State Department’s Foreign Affairs Manual (FAM). On factors to consider when recommending a waiver, 9 FAM 40.301 N.3a states in part: “While the exercise of discretion and good judgment is essential, you may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc.” Customs and Border Protection (CBP) – the officers who make immigration decisions at ports of entry– receive stricter guidance from the Inspector’s Field Manual (IFM). IFM 17.5(e)(1) states in part: Although the FAM provides guidance for State Department officers, the CBP is not bound by it. The inspector should consider all of the above and also consider that the Congress has deemed these aliens inadmissible to the United States. In considering the waiver, weigh the benefit, if any, to the United States should the waiver be granted. In situations where the proposed visit is for the purpose of medical treatment, consider whether such treatment is available to the alien abroad. Granting of waivers of these grounds should not be routine and available just for the asking. This does not necessarily mean that a d3 waiver application is more difficult at a border crossing than at a consulate. Each border crossing and consulate has its own local rules and procedures, as well as personnel, which may impact the application process. Consultation with an immigration attorney will help prepare you for this process. him to work on a special project, and Princeton agreed to hire and sponsor him for an H-1B nonimmigrant visa. The H-1B enabled Dan-el to return to the United States after studying abroad. Prior to his return, Dan-el applied to and was accepted as a Ph.D. candidate in the Classics Department of Stanford University, which then supported his successful application to change from H-1B to F-1 student status. Although his legal status is not permanent, Dan-el believes this temporary solution has allowed him to move forward in his studies. H-1B Success Story: Dan-el Padilla Dan-el Padilla was born in Santo Domingo in the Dominican Republic and was brought to the United States as a child. Raised in New York, Dan-el attended a private school on the Upper West Side of Manhattan where he developed a profound interest in Classics. Motivated to study at the best Classics department in the country, Dan-el applied to and was accepted at Princeton University as an undocumented student. Although his legal status did not hinder his studies, he knew it would become a problem when he prepared to study abroad at Oxford University; leaving the country would trigger a 10-year bar from re-entering the United States. Fortuitously, Dan-el’s thesis advisor recruited 44 STAYING MOTIVATED: EMOTIONAL HEALTH 46 46 Author Narrative Challenges 46 46 46 46 46 Leaving College Questioning Self-Worth Financial Freedom Putting up a Front Living In The Shadows 47 Turning Points 48 48 48 48 48 48 48 49 Family and Friends Finding A Local Immigrants Support Group Mentoring/Tutoring The Power of Storytelling Finding Your Motivational Pillar Creating Opportunities for Yourself Exercising the Mind and Body Seeking Professional Help 45 STAYING MOTIVATED: EMOTIONAL HEALTH While graduating from college is an impressive accomplishment, it also takes an emotional toll on you. After all the hard work it may seem as though having a diploma doesn’t change anything, especially when many doors continue to be shut. During this time it is imperative for you to stay motivated despite periods of anger, pain, or frustration. Within a few months, I packed my bags and moved to the Bay Area. I had always wanted to live there because of the wonderful weather, the more relaxed attitude and the city life in general. I tend to thrive off the adventure of moving to a new place, so my happiness factor instantly went up. Creating opportunity for myself has been such an important part of my life that now I almost feel like a challenge is needed for me to truly enjoy what I am doing. I was sitting around checking e-mails when I came across an article about Jorge Ramos donating money to E4FC, an organization that was described as helping immigrant youth. I was intrigued. As I searched for this organization that I had never heard of, it became apparent that this organization was doing great work. I scrolled to the bottom of the page and read that they were looking for mentors and I said to myself, well this is exactly what I am looking for! I had no friends or family in the area, so this sounded like a great opportunity to meet new people and assist in any way I could. The rest, as they say, is history. The people who have known me for many years will tell you that they have never seen me happier and it is true. After years of feeling ashamed, defeated, unworthy, and angry, my entire perspective on the issue of being undocumented changed as soon I became surrounded by individuals just like me who did not let their status define who they are. For the first time in my life, I feel like I have found peace of mind. I am hopeful that new opportunities will come my way, but the reality is that I am still undocumented, which translates to a continued struggle for fair treatment and acceptance. Author Narrative Graduating from college was a major accomplishment in my life and yet I did not feel as if I had accomplished much because I am undocumented. I had worked so hard for my degree, and upon graduation it did not seem like life would get any easier. I had everything under control momentarily when I got accepted to graduate school and moved to NYC, but when it all collapsed, I was lost. When I got the letter saying I had no funding to return, I was devastated. I remember locking myself in my room and not wanting to see or talk to anyone. There were so many people who were looking up to me, and all of a sudden I had nothing. For the first time in my life, I had no plan for the future. I felt angry and defeated. I returned home shortly after graduating from college to save money and figure out what to do next. I had many “terapias” with my parents where we would talk about where life would take me, and they always made sure to remind that I should not take my education for granted and that soon it would all work out. Working with my dad served as a time to think about the future and what my next steps would be. As I raked leaves in 100-degree weather, I knew that the first thing to do was to leave in search of better opportunities. 46 Challenges Below are common challenges that may come up for you. Leaving College While in college, you find many safety nets (AB540 support groups, teachers, peers), but upon graduation those safety nets are left behind. You may choose to live near campus instead of returning home after graduation. However, unless you have a job, it is difficult to stick around for too long. You are then forced to return home to save money. Home, for many of you, may not be a healthy place to return to (lack of space, emotional/mental/physical abuse, financial struggles, etc.), adding to the emotional challenges that exist. You may also find yourself having to take on new roles and responsibilities within the household, making it more difficult to move forward with your own life. Lastly, returning home may involve abiding by household rules and being treated like a kid instead of an adult. Even though I was done with the academic portion of college, I was not done with wanting to live the college life. For the first six months I kept going back every weekend or several days a week. I did not know how to deal with life after college. (Blanca Hernandez, B.A. Chican@ Studies, U.C. Davis) Putting up a Front You may often be looked at as an example and role model in your family and community. This expectation, although well deserved, can be emotionally draining for you. You may be compelled to speak only about the positive things about attending college, when in reality there are many hurdles to overcome. And you must promote an image that does not recognize the very real struggles that you face. I did not know how to deal with emotional health, especially because I have had to be so strong. My personality has become so strong, and it is very difficult for me to talk about my feelings. Being undocumented, being a woman, being first generation, and being passionate about doing things have all had a negative impact on my health. It is draining to have to put up a front. I’m very good at isolating myself while staying strong and encouraging others to move through the system and not lose themselves. We have expectations from everyone: our community, family, friends, ourselves. (Karla C. Reyes, B.S. Business Administration, San Jose State University and Small Business Owner) Questioning Self-Worth You may find yourself questioning your education and your plans for the future, especially when opportunities continue to be out of reach. Often you have the skills and knowledge, but not the circumstances to work in your chosen field, which makes it even more difficult to accept reality. You may feel helpless, unable to contribute to and be accepted by the society that you feel part of. Financial Freedom For most students, graduating from college translates into having more employment opportunities, but that may not be the case for you. Most jobs that match your qualifications require having legal status. You may end up working jobs with low wages, thus having to either work extra hours or become dependent on your family. After a few months it hit me. The reality settled in, and I thought, what am I going to do? I felt sad and depressed. I started working random jobs full time. The difficult part was adjusting to the new routine of daily life and becoming a responsible adult. It was important for me to stay positive and really understand that my situation was only temporary and I would be doing greater things when the right time came. (Dana Kim, B.A. Architecture, U.C. Berkeley) Living In The Shadows You learn to keep your true identity a secret for fear of being deported or discriminated against. When you are forced to hide important and stigmatized parts of yourself, you can experience isolation and guilt, Living in the shadows detracts from relationships with friends, co-workers, professors and boyfriends/girlfriends. You may also begin to feel a sense of desperation since you may be getting older, aging out of immigration remedies and unable to move forward in life. Turning Points Below are turning points that may help you stay motivated and continue to pursue your dreams and aspirations. We are agents of change. The structure that exists to exclude, exploit, and get rid of us can also be challenged and transformed. We have the capacity and agency as human beings to transform reality and society. (Carlos Macias, M.A. American Studies, Purdue University) 47 Family and Friends Family is what may keep you going. You may be driven to set an example for your younger siblings, or you may be conscious of the hard work your parents endure and want to help. Having a supportive family makes a huge difference because it becomes one of the only consistent support networks. When there are problems in the family, your friends may provide a similar support network. You just have to remind yourself that you can do it and there is no need to stress out all the time. When you stress out, it only hurts you. Surrounding yourself with people who care about you and who are positive is very helpful. It is important to accept the things that are out of your reach at the moment and remind yourself that you can do it. (Dana Kim, B.A. Architecture, U.C. Berkeley) experience can be a liberating experience. You may not realize how much you are actually holding onto inside until you put it down on paper or tell someone about it. Finding Your Motivational Pillar Having a motivational pillar is crucial. A motivational pillar is the driving force that keeps you going despite all the limitations and obstacles. You need to have something in mind that makes the struggle worth it. Otherwise, it can be easy to give up. A motivational pillar can be your family, your career, your education, or even discovering and working toward a vision of the world you would like to see. It’s all about finding contentment in life and how you define success in life. If you measure your life by the number of degrees you have, your career or money, well you’re always going to fall short because those things are never going to satisfy you. (Elijah Oh, R.N.) Finding A Local Immigrants Support Group Finding a support group can provide a safe space for you to be open about your status. You may feel as though you are the only one going through this, but when you become involved in an organization or group, you realize that you are not alone. Regardless of where you live, the likelihood of there being a local immigrant support group is high. You may be surprised to find an organization you’ve never heard of by doing a quick Google search. If you don’t find anything in your community, you may want to consider starting your own group. I am more than happy to be part of a community and offer what I can to take care of others. I come from a very communal and family-based culture, and I see value in that. (José Ivan Arreola, B.S. Political Science, History and Ethnic Studies, Santa Clara University) Creating Opportunities for Yourself You may be aware of the limitations that exist, but that does not mean that you cannot create your own opportunities. Do not be afraid to speak to heads of departments and offer your skills and knowledge, which can translate into a new internship or work opportunity that did not even exist. This, in fact, may be the only way you can enter new areas and demand change and recognition. There were places where I wasn’t supposed to exist, but I found a way to exist… I have enough belief in myself that I know I can create something. The only thing I could ever do wrong is to not do anything at all. If there is ever going to be failure in my life it will be because I gave up. (José Ivan Arreola, B.S. Political Science, History and Ethnic Studies, Santa Clara University) Mentoring/Tutoring Lending a hand to younger immigrant students isn’t only a nice gesture; it can also be a rewarding experience. You may see yourself in the students whom you work with and feel good about yourself for making a difference in someone’s life. Exercising the Mind and Body Physical exercise helps to clear the mind. Running, hiking, biking, dancing, yoga and meditation are all excellent ways to get your mind off things and revitalize your spirit. Even laughing at a joke can turn a bad day into a good one. Another great way to exercise the mind is to continue taking classes. Consider enrolling in community college classes, which can be fun and affordable. Also, keep in mind that daily choices in life, such The Power of Storytelling Many students grow up silenced about their situation, creating feelings of shame. Writing or sharing your 48 as eating healthfully and getting adequate sleep, are all important. Recent graduates should make themselves useful. Many of them are just sitting at home thinking I can’t get a job or I can’t go to school. I say, get over it; you can’t do anything about being undocumented. Do something to get our mind off it, even if it means applying to a job every day, taking dance classes, going to the park with a friend, or sitting in a class just to learn. (Blanca Hernandez, B.A. Chican@ Studies, U.C. Davis) Seeking Professional Help When a friend or a family member is not enough, there is always professional help. Plenty of students take advantage of the psychological services provided at school, but even after you graduate there are trusted psychological services offered at low prices in your community. In the DREAM Act debate, people talk about the financial burden, but rarely do they talk about what happens in our heads, what happens when you are called an illegal, what happens when you have an identity that you don’t want. I always have to tell myself that I can do it because there is always something in the back of my head that does not allow me to easily view myself on an equal platform with someone else who has already made it. I constantly tell myself that it’s possible, that I’m human, that I have the same capacity and the same body parts as any other person. It’s all in our heads. (Krsna Avila, B.A. Psychology and Sociology, U.C. Davis, Prospective Law School Applicant) 49 APPENDICES 51 53 54 55 57 58 61 62 63 64 68 69 Appendix A: Sample Personal Statement Appendix B: Sample Statement of Purpose Appendix C: Recommendation Packet Checklist Appendix D: Sample Resume 1 Appendix E: Sample Resume 2 Appendix F: Sample CV Appendix G: W-7 Form Appendix H: W-9 Form Appendix I: 1099 Form Appendix J: Sample Contract3 Appendix K: Relevant Articles About Undocumented Students Appendix L: Biographies of Contributors 50 APPENDICES APPENDIX A: Sample Personal Statement My family and I emigrated from Brazil to the United States over seven years ago. I am a first generation Chinese-Brazilian, and the first one to have graduated from high school and college. When I think about my passion in working in Planning, I am reminded of the different regions of the world that make up who I am. Being born in Sao Paulo, Brazil, one of the world’s biggest metropolis, of parents from Xinhui, Guangdong, one of China’s largest areas with Chinese overseas, and having lived as an undocumented immigrant in San Francisco, CA, I have experienced diversity in ethnicity, geography and economic development in many areas of the globe. During my life journey, I have observed the results of poorly planned communities in the physical and social sense: favelas that lacked sanitation, but were filled with violence, overcrowded apartments filled with hard work, but tainted with poverty, inner-city schools with more dropouts than new computers, borders, said to protect nations, but that kill thousands that try to cross it, immigration systems that create an underclass of citizens. Because I have experienced first-hand the obstacles of poorly planned policies that led to poorly planned communities as an undocumented immigrant in the United States, I learned that there are structures and policies that prevent communities and people from thriving. My aspiration is to become a planner working towards community development at the intersections of city planning and social policy development, to improve the lives of my Latino and Asian communities. Being an undocumented immigrant in the United States made me more knowledgeable, flexible, entrepreneurial, and sensitive to my community’s needs, all characteristics that helped me as an activist, and that will help me as a planner working in community development. During my undergraduate studies, I actively participated in organizations that worked towards social justice in education and immigration issues. On campus, I co-chaired a support group for undocumented students, and organized educational conferences and forums that reached over 500 staff, students, and community members. I also revitalized the first-ever immigrant center on campus. At the community level, I have taught low-income at-risk youth in literacy programs in the San Francisco Bay Area. At the Making Waves Educational Program, I tutored students and provided quality reading support sessions to students performing below grade-level. Later, as an after-school instructor at the lowest performing public elementary school in San Francisco, CA, I promoted literacy through art projects, engaging the students to become better readers. Throughout these years, I have emerged as a strong young leader in my immigrant community. I have been interviewed on ABC’s Good Morning America segment “Students in the Shadows: Undocumented Students Struggle Toward College.” My article published on AsianWeek newspaper, titled “Not a ‘Mexican Thing’” has been praised for exposing the diversity of the immigrant student movement, and also quoted in the AB 540 Amicus Brief, in support of in-state tuition for undocumented students in California. I have also spoken to Robert Birgeneau, Chancellor at the University of California, Berkeley, on behalf of undocumented students on campus, resulting in him writing a 51 letter in support of the California DREAM Act – state legislation that would provide financial aid to undocumented students – to the Governor of California, Arnold Schwarzenegger. My entrepreneurial skills were shown when I successfully launched a scholarship list for undocumented students in the San Francisco Bay Area that received over 15,000 hits online. This publicity allowed me to write the article “Not just a Latino Issue: Undocumented Students in Higher Education” for the Journal of College Admissions, a trade publication that reaches thousands of college admission counselors nationwide. All this work portrays my leadership and creativity in implementing plans for community betterment. I believe that all of these experiences and accomplishments have shown my hard work and dedication in meeting the needs of my Latino and Asian immigrant communities. Overcoming my hardships made me a rational and flexible thinker, who has learned to identify problems and opportunities and find alternative solutions, characteristics that will allow me to succeed as a planner in community development. I believe that planning is a meaningful way to improve the lives of marginalized ethnic communities because it discusses the current situation of the community, but adds a long-term view to discussions of how a community should be planned out as. As such, I hope to assist immigrant communities in creating plans and policies to meet their social, economical, political, cultural needs, and to ensure their long-term sustainability. As a visionary, I can already see that the changes I have begun now will create better communities in the future. I believe that the University of Toronto is the perfect place for me to pursue a Planning degree, and to follow a path to a rewarding career. 52 APPENDIX B: Sample Statement of Purpose At Purdue University, I plan to research the contribution of undocumented Mexican immigrants to the Chicana/o Movement of the late 1960s and early 1970s. I will utilize a transnational and comparative approach in order fully to understand and highlight the role of undocumented Mexican immigrants in this important social movement. As Chicano scholar David Gutierrez points out in Walls and Mirrors: Mexican Americans, Mexican Immigrants, and the Politics of Ethnicity (1995), few studies explore the division and commonality of Mexican Americans and recent immigrants, and understanding immigration is essential to understanding the Chicana/o experience in North America. Like Gutierrez, I want to analyze the Chicana/o experience from a transnational perspective, making immigration a central category of analysis. In addition, I will make my study comparative, taking into account the influence of the Black Movement and the American Indian Movement of the 1960s on Chicana/o leaders. Consequently, I hope to contribute to scholarship on the Chicana/o Movement by analyzing this social movement from a transnational and comparative perspective. The expertise of Professor Richard Hogan in social movements in the United States will support my graduate research. His interdisciplinary and comparative approaches can guide my academic exploration; moreover, his use of archival research methods combined with qualitative methods can illuminate central aspects of the Chicana/o experience. Professor Harry Targ’s mastery of American politics and class struggle can also assist my comparative study. Moreover, Professor Nancy Gabin’s expertise in 20th century United States history and American politics and social movements can also guide my research. Another area on which I plan to focus in graduate school is social movements in Latin America. I want to continue exploring the Zapatista Movement in Mexico and study social movements currently taking place in Bolivia and Venezuela. I am interested in studying the ways these contemporary movements resist and struggle against neoliberal policies that continuously threaten the survival of millions of people. I want to understand how these social movements develop, the rhetoric and tactics they utilize, and the ways the nation-state responds. In doing this, Professor Targ’s expertise in international relations can also facilitate my research. Upon receiving a Ph.D. in American Studies I plan to teach at a large research university. Having attended a public university, I realize the value of public institutions in providing opportunities for non-traditional students and helping these students nurture themselves as scholars and intellectuals. At the same time, I will not limit myself solely to teaching. I want to continue researching topics that are directly related to communities of color. I will use my research skills and intellectual knowledge to produce scholarship that will benefit disadvantaged communities. 53 APPENDIX C: Recommendation Packet Checklist RECOMMENDATION PACKETS CHECKLIST By: Roberta Espinoza, Ph.D. In an effort to maximize the strength of your graduate school recommendation letters, you should provide your recommender with a packet that includes the following:  Copy of Current Resume or Curriculum Vitae (make sure that all your employment and internship positions have detailed descriptions of your duties and responsibilities).  Copy of your Personal Statement or Letter of Intent.  Description of each program you are applying.  Reference form for each program (if applicable). Paperclip these together.  A bullet point list of strong qualities you want highlighted in your letter.  A writing sample if you will be submitting one with your application.  A list of all the addresses each letter needs to be sent.  A calendar (see example below) that lists all recommendation letter deadlines.  A thank you card or letter. Put all your recommendation letter documents (listed above) in a folder (I suggest red with business card insertion slots on the inside, see example below) with a label on the front that says: Recommendation Packet for: Your Name. As a courtesy follow-up, you should send each recommender a friendly email message reminding them that your letter(s) are due in a few days. You might write something like this: Dear Dr. Thorne, I hope you are well. I just want to remind you that my letter of recommendation for UC Berkeley (Sociology Ph.D. program) is due in two days on Wednesday, December 1st. Please let me know if I can provide you with further information to assist you with writing the letter. If needed, I can be reached at (714) 278-2599. Thanks so much, Roberta 54 APPENDIX D: Sample Resume 1 OBJECTIVE: To volunteer for an organization that will allow me to influence my community. WORK EXPERIENCE Services, Immigrant Rights & Education Network (SIREN) 03/2011–Present Policy Advocacy Intern San Jose, California Design community outreach and educational materials (brochures, presentations, fact sheets). Research, track, and advocate for legislation relevant to the immigrant community. Downtown College Preparatory Charter High School 08/2007–01/2011 Spanish Teacher San Jose, California Plan, teach, and assess high school students in the Spanish Language. Escuela Popular Charter High School / Downtown College Prep 09/2006–06/2007 Substitute Teacher San Jose, California Teach high school students in various subjects. Long-term assignments in English and History. Univision Radio – 1170AM KLOK 10/2006–03/2007 Board Operator San Francisco, California Follow station’s programming clock by airing shows, commercials, and live sports broadcasts. California State University - SJSU - 90.5FM KSJS 01/2004–12/2006 Music Director/On-air Personality San Jose, California Music programming, promotions, and on-air DJ. Awarded best show in Rock en Español. Mun2 Television Spring 2005 U-Crew Intern San Jose, California Website evaluations, demographic research, magazine editorials, and interviews. EDUCATION Master of Arts in Education The National Hispanic University Teaching Credential The National Hispanic University Certificate: Single Subject Teaching Credential Bachelors Degree SJSU / TV, Radio, Film and Theatre 12/2005 Present 12/2008 Achievements: Dean’s Scholar, EOP Honor Roll Student, Sigma Alpha Lambda leadership and service organization, Alpha Phi Omega community service fraternity. PROFILE » Excellent communication skills; reading, writing, speaking, and listening. » Highly creative and self-motivated. » Team player with excellent leadership skills. 55 COMMUNITY SERVICE American GI Forum, Sacred Heart Community Center, San Francisco AIDS Foundation, City Year’s Spring Camp, Franklin McKinley District, Honolulu Marathon, Walk for AIDS Silicon Valley, Turkey Trot, HAREP Fiestas Patrias Celebration, California Coastal Clean-up Day 56 APPENDIX E: Sample Resume 2 Education University of California, Berkeley Berkeley, CA | 08/09 – Present » Candidate for a Bachelor of Arts in Political Science, December 2011 » Earned a 3.67 GPA, excelling in relevant courses such as Political Organizing, Immigration & Welfare, and Issues in Contemporary Asian American Communities Ohlone College Fremont, CA | 08/07 – 05/09 » Earned a 4.0 GPA, completing 67.5 units of general education transfer requirements Relevant Experience UC Berkeley Chancellor’s Task Force Student Member » Serve as student representative for all undocumented Asian students on campus » Devise policy recommendations to create institutional changes in the way faculty, staff, and student body respond to undocumented students » Devise policy recommendations that aid in retention, graduation, and advancement of undocumented students (e.g. creation of a book lending service) Asian Law Caucus San Francisco, CA | 06/10 – Present Member of Asian Students Promoting Immigrant Rights through Education (ASPIRE) » Spearhead development of the first Asian American AB 540 Conference by designing workshops and recruiting undocumented youth attendees » Facilitate presentations and workshops on topics such as AB 540 and DREAM Act » Assisted in all strategizing efforts in 2010 to pass the DREAM Act (e.g. develop targeted calling guides for phone banking sessions, reach out to institutional players) » Organized first ASPIRE fundraiser that drew over 50 guests and raised $1600+ East Bay Sanctuary Covenant (EBSC) Assistant to Executive Director » Conducted research for EBSC’s immigrant rights advocacy and Haiti relief aid efforts » Represented EBSC at the Berkeley City Council committee meeting on a federal anti-immigrant program; led to the council’s declared opposition to “Secure Communities” » Edited grant applications for EBSC’s main services (e.g. Immigrant and Refugee Rights, Community Development and Education) and correspondence with outside organizations » Conducted intake evaluations and interviews of new immigrant clients » Designed, produced, and coordinated distribution of 1500+ mailers for benefit dinner » Assisted in directing 5+ volunteers in day-to-day operations Berkeley, CA | 02/10 – 12/10 Berkeley, CA | 10/10 – Present 57 APPENDIX F: Sample CV EDUCATION California State University, Fresno Smittcamp Family Honors College Graduated May 2009 B.A. Mathematics, Economics Minor Cum Laude RESEARCH EXPERIENCE Ethnographic Researcher, Institute of Public Anthropology (IPA), Fresno, CA March 2009 Ethnographic methods were used to increase readership for the Fresno Magazine. Methods included interviews of current readers at local launch party. Ethnographic Researcher, IPA, Fresno State Feb. 2009 Ethnographic methods were used to evaluate the efficiency of the Fresno State Library in an effort to meet student needs. Methods used included interviews, focus groups, day mapping, among others. Ethnographic Researcher, IPA, Fresno, CA Feb. 2009 Ethnographic methods were used to contribute to the design of potential living quarters for the homeless population in Fresno through ArtHop. Researcher, Mathematics Department, CSU Fresno May 2007 to May 2008 Coauthored a paper in economics titled “Urbanization and the Cultural Costs of International Trade”, (under review). Research Assistant, Mathematics Department, CSU Fresno Summer 2007 Researched colorability of knots and found correlation with Fibonacci sequence and co-authored a paper titled “P– Colorability for (12’)n”. Research Assistant, Education Administration Program, Kremen School of Education, CSU Fresno January 2007 to June 2009 Researched literature on educational administration and coaching to improve public school education for minority students. Also participated in the development of the “Fresno County Child Care Need Assessment” where I assisted with the conversion of data into frequency counts. Research Assistant, Center for Economic Research and Education of Central California Jan. 2007 to Jan. 2008 Gathered data on various economic indicators, which were used to create an index titled “Quality of Life Index of the San Joaquin Valley”. 58 PROFESSIONAL PRESENTATIONS Missouri Valley Economic Association (MVEA) October 2008 Oral Presentation, “Urbanization and the Cultural Costs of International Trade” CSU, Fresno Mathematics Department Seminar Series October 2008 Oral Presentation, “Urbanization and International Trade – A Possible Relationship” Central California Research Symposium April 2008 Oral Presentation, “P–Colorability for (12’)n” The Mathematical Association of America Northern CA, Nevada and Hawaii Section March 2008 Undergraduate Poster Session, “P–Colorability for (12’)n” The American Mathematical Society Joint National Meeting January 2008 Undergraduate Poster Session, “P–Colorability for (12’)n” 4th Annual CSU Honors Consortium March 2007 Oral Presentation, “Causes of Economic Recessions” WORK EXPERIENCE Administrative Assistant, California Association of Latino Superintendents and Administrators (CALSA) 2007 to present Helped with the marketing, planning and organizing of annual organization conferences throughout California. Duties include registration, meal arrangements and budget preparation. Tutor, Plaza Comunitaria May 2009 Tutored illiterate adults interested in completing the equivalent of an elementary school education through tests. Tutor, College Assistance Migrant Program (CAMP) Summer 2009 Tutored Out of School Youth (OSY) in various subjects to pass GED test and tutored high school students to pass the California High School Exit Examination (CHASEE). Tutor, CAMP Summer 2008 Tutored OSY in various subjects to pass GED test and tutored high school students in math and English through Leadership Academy. Tutor, CAMP Feb. 2008 to May 2009 Tutored math and English to first-year migrant, college students through the CAMP. 59 Mentor, Migrant Scholars Program Summer 2007 Mentored migrant elementary students in guitar and computer classes. Teaching Fellow, Roosevelt High School Fall 2006 Tutored AVID students in need of individual tutoring on various subjects. AWARDS Fresno Hispanic Scholarship 2008 Travel Grant, College of Science and Mathematics, Faculty Sponsored Research Award to attend MVEA 2008 Travel Grant, Louis Stokes Alliance for Minority Participation Program (LSAMP) 2008 Undergraduate Research Award to attend MVEA 2008 Travel Grant, Associated Students Inc. (ASI), Undergraduate Research Grant to attend MVEA 2008 Research Grant, Louis Stokes Alliance for Minority Participation Program (LSAMP) Undergraduate Research Award 2007 Travel Grant, College of Science and Mathematics, Faculty Sponsored Research Award to attend AMS National Meeting 2007 CSUF President’s Scholar, Smittcamp Family Honors College, competitively attained, full-tuition scholarship; honors courses 2005 60 Appendix G: W-7 Form Form (Rev. January 2010) Department of the Treasury Internal Revenue Service W-7 See instructions. For use by individuals who are not U.S. citizens or permanent residents. Application for IRS Individual Taxpayer Identification Number OMB No. 1545-0074 An IRS individual taxpayer identification number (ITIN) is for federal tax purposes only. Before you begin: ● Do not submit this form if you have, or are eligible to get, a U.S. social security number (SSN). ● Getting an ITIN does not change your immigration status or your right to work in the United States and does not make you eligible for the earned income credit. FOR IRS USE ONLY Reason you are submitting Form W-7. Read the instructions for the box you check. Caution: If you check box b, c, d, e, f, or g, you must file a tax return with Form W-7 unless you meet one of the exceptions (see instructions). a b c d e f g h Nonresident alien required to get ITIN to claim tax treaty benefit Nonresident alien filing a U.S. tax return U.S. resident alien (based on days present in the United States) filing a U.S. tax return Dependent of U.S. citizen/resident alien Spouse of U.S. citizen/resident alien Nonresident alien student, professor, or researcher filing a U.S. tax return or claiming an exception Dependent/spouse of a nonresident alien holding a U.S. visa Other (see instructions) Additional information for a and f: Enter treaty country 1a First name Middle name 1b First name 2 Middle name Enter name and SSN/ITIN of U.S. citizen/resident alien (see instructions) Name and treaty article number Last name Last name (see instructions) Name at birth if different Applicant’s mailing address Foreign (nonU.S.) address Street address, apartment number, or rural route number. If you have a P.O. box, see page 4. City or town, state or province, and country. Include ZIP code or postal code where appropriate. 3 Street address, apartment number, or rural route number. Do not use a P.O. box number. City or town, state or province, and country. Include ZIP code or postal code where appropriate. (if different from above) (see instructions) Birth information Other information 4 Date of birth (month / day / year) / / Country of birth City and state or province (optional) 6a Country(ies) of citizenship 6b Foreign tax I.D. number (if any) Male Female 6c Type of U.S. visa (if any), number, and expiration date Driver’s license/State I.D. / / Entry date in United States / / 5 6d Identification document(s) submitted (see instructions) USCIS documentation Issued by: No.: Other Passport Exp. date: 6e Have you previously received a U.S. temporary taxpayer identification number (TIN) or employer identification number (EIN)? No/Do not know. Skip line 6f. Yes. Complete line 6f. If more than one, list on a sheet and attach to this form (see instructions). 6f Enter: TIN or EIN Name under which it was issued 6g Name of college/university or company (see instructions) City and state Length of stay and Sign Here Under penalties of perjury, I (applicant/delegate/acceptance agent) declare that I have examined this application, including accompanying documentation and statements, and to the best of my knowledge and belief, it is true, correct, and complete. I authorize the IRS to disclose to my acceptance agent returns or return information necessary to resolve matters regarding the assignment of my IRS individual taxpayer identification number (ITIN), including any previously assigned taxpayer identifying number. Signature of applicant (if delegate, see instructions) Name of delegate, if applicable (type or print) Signature Name and title (type or print) Date (month / day / year) / / Phone number ( ) Keep a copy for your records. Delegate’s relationship to applicant Date (month / day / year) / / Parent Court-appointed guardian Power of Attorney Phone ( ) Fax ( ) EIN Office Code Form Acceptance Agent’s Use ONLY Name of company Cat. No. 10229L For Paperwork Reduction Act Notice, see page 5. W-7 (Rev. 1-2010) 61 APPENDIX H: W-9 Form Form (Rev. January 2011) Department of the Treasury Internal Revenue Service W-9 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification (required): Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Exempt payee Print or type See Specific Instructions on page 2. Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Other (see instructions) ▶ Address (number, street, and apt. or suite no.) City, state, and ZIP code List account number(s) here (optional) Requester’s name and address (optional) Part I Taxpayer Identification Number (TIN) Social security number Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. – – Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person ▶ Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 1-2011) 62 APPENDIX I: 1099 Form 9595 VOID CORRECTED 1 Rents OMB No. 1545-0115 PAYER’S name, street address, city, state, ZIP code, and telephone no. $ 2 Royalties Form Other income 11 1099-MISC 4 Federal income tax withheld Miscellaneous Income Copy A For Internal Revenue Service Center File with Form 1096. $ 3 $ PAYER’S federal identification number RECIPIENT’S identification number 5 Fishing boat proceeds $ 6 Medical and health care payments $ RECIPIENT’S name 7 Nonemployee compensation $ 8 Substitute payments in lieu of dividends or interest $ Street address (including apt. no.) 9 $ Payer made direct sales of 10 Crop insurance proceeds $5,000 or more of consumer products to a buyer (recipient) for resale $ 12 Excess golden parachute 14 Gross proceeds paid to payments an attorney City, state, and ZIP code Account number (see instructions) 11 2nd TIN not. 13 For Privacy Act and Paperwork Reduction Act Notice, see the 2011 General Instructions for Certain Information Returns. $ 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld $ 17 State/Payer’s state no. 18 State income $ Form $ 1099-MISC $ $ Cat. No. 14425J $ $ Department of the Treasury - Internal Revenue Service Do Not Cut or Separate Forms on This Page — Do Not Cut or Separate Forms on This Page 63 APPENDIX J: Sample Contract Independent Contractor Agreement Between (Company) And (Your Name Here) Your address here _________________________ PLEASE WRITE YOUR NAME AND ADDRESS VERY CLEARLY! The Parties This Independent Contractor Agreement is a legal agreement entered into this (number) day of (month) (Year), by and between the client, (Company) with its principal place of business at __________________, and independent contractor (your name here) (hereinafter referred to as “Contractor”) an individual with a principal place of business at (Your address) BY TYPING YOUR NAME AT THE BOTTOM OF THIS AGREEMENT CONTRACTOR HEREBY EXPRESSLY AGREES AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS MODIFIED FROM TIME TO TIME BY COMPANY, AND ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT CONTRACTOR IS AT LEAST EIGHTEEN (18) YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT TYPE YOUR NAME AT THE BOTTOM OF THIS AGREEMENT. Contractor enters into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances shall Contractor look to (Company) as his employer, or as a partner, agent, or principal. Contractor shall not be entitled to any benefits accorded to (Company) employees including worker’s compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor’s expense, and in Contractor’s name, disability, workers’ compensation or other insurance, as well as licenses and permits usual or necessary for performing the Services necessary under this Agreement. Purpose Contractor is known to be a (title) and as such (company) desires to retain Contractor for purposes of doing (type of work). So long as Contractor is under contract with (company) to be working as a promotional person, he will be deemed an Independent Contractor. Duties for Contractor Contractor agrees to make himself available for purposes of performance under this Agreement. Contractor customarily performs freelance services for marketing and other agencies and agrees to render such services for (Company) on a non-exclusive basis. Contractor’s performance of such responsibilities as may from time to time be specified by (Company). All contractor services will be subject to (Company) final approval and will be performed in accordance with (Company) standards, but Contractor will direct the details and means by which the services are accomplished. 64 Contractor further agrees to seek direction under this Agreement from, submit work to and otherwise report to (Supervisor Name). Contractor represents that Contractor has the qualifications and ability to perform services of a (Title) in a professional manner. Contractor understands that in the course of providing services, they are representing (Company) and (Company) clients to the general public. Contractor understands that (a) Punctuality is a must. If Contractor is late for an assignment, Contractor understands that s/he will be back-charged one hour of his/her fee or dismissed from the booking completely. Contractor agrees to arrive a minimum of fifteen (15) minutes prior to the scheduled start time. If Contractor cancels with less than 72 hours notice and has not notified (company), has not replaced him/herself with a qualified person approved by (Company), and/or is a no-show to a job, Contractor shall be charged with a $125.00 cancellation fee. If Contractor cancels with less than 24 hours notice and has not notified (Company), has not replaced him/herself with a qualified person approved by (Company), or is a no-show to a job, Contractor shall be charged with a $250.00 cancellation fee. Cancellations via e-mail are NOT acceptable. Contractor must contact (company) by telephone to cancel. (b) Contractor is expected present themselves in a professional manner. (c) If (Company) client wishes to change Contractor’s work schedule, Contractor shall call (company) for approval. (d) At any (Company) event, Contractor shall not be under the influence of, use, possess, distribute, sell, condone, sanction or aid the illegal use or possession of alcoholic beverages, or illicit or controlled drugs for which the person has no valid prescription. Contractor further shall not, at any Company) event, use, possess, or distribute or sell drug paraphernalia; or misuse legitimate prescription or over-the-counter drugs. The symptoms or influence may be, but are not limited to slurred speech or difficulty maintaining balance. (Company) reserves the right to send the Contractor home from an event without pay and terminate this contract if Contractor arrives at the event while under the influence of drugs or alcohol, or becomes intoxicated while at the event. Duties for (Company) (Company) agrees that for purposes of acceptance of Contractor’s performance under this Agreement, its sole representatives shall be the President, (Name), or such other employee(s) or person(s) or entities the Company so designates. (Company) further agrees to allow Contractor access to whatever records, files, or personnel reasonably deemed by the Company or Contractor to be necessary in order to allow Contractor to perform his duties under this Agreement, in accordance with (Company) Confidentiality Agreement. Fees & Taxes In consideration of Contractor’s performance of his duties under this Agreement, (Company) agrees to pay fees to Contractor at an agreed upon hourly rate. These fees may be delivered to Contractor personally or by first class mail, but only after (Company) has received payment from its client. Contractor can expect to wait at least 4-8 weeks to receive a paycheck for a specific event. Contractor is responsible for paying all expenses associated with any program responsibly. Expenses include but are not limited to tolls, parking, gas, and ticket violations. It is agreed and understood that Contractor has begun performance of his duties and this Agreement will remain in force and effect until terminated pursuant to the terms stated in Article 9. Contractor shall pay, when and as due, any and all taxes incurred as a result of fees received by (Company), including estimated taxes, and shall provide (Company) with proof of payment on demand. (Company) will also charge a one-time fee of $2.95 cents for accounting fees/check mailing for each Independent contractor. Contractor may represent, perform services for, or be employed by any additional persons, or companies as he sees fit. Only Contractor is authorized to perform the services required under this Agreement. As an independent contractor, Contractor agrees to assume exclusive liability for any and all taxes, assessments, levies or fines which may be paid or deemed owed by Contractor, as a result of performance of this Agreement. 65 The Independent Contractor will not be hired directly with the client for 2 years after the event date is over: If the Independent Contractor contacts the client directly/or vise versa about a job and is hired then the IC will owe (Company) %20 of there fees for the duration of the promotionThe Independent Contractor will not contact the client directly about payment: If a contractor contacts the client directly about payment then payment will be forfeited by (Company). Confidentiality, No Conflict of Interest, Proprietary Information Agreement This Agreement is confidential and shall not be transferred, communicated or delivered to a third party, without the express prior written authorization of (Company) and Contractor. During the entirety of this Agreement, Contractor will not accept work, enter into a contract, or accept an obligation that is inconsistent or incompatible with Contractor’s obligations to (Company). Contractor warrants and represents that, to the best of Contractor’s knowledge, there is no other contract or duty on Contractor’s part which conflicts with or is inconsistent with this Agreement. Simultaneous with the execution of this agreement, Contractor agrees to execute a proprietary information agreement to protect against use or disclosure of confidential information of the Company. Ownership of Materials (Company) retains and reserves all rights of ownership and use of the final products and any facsimile of such product. Contractor shall not make use of the final product or any portion thereof without the expressed prior written authorization of (Company), including but not limited to, client advertising, client list, and product advertising. Use of (Company) Name Contractor shall not use the name, insignia, or any facsimile of (Company) material for any purpose, including but not limited to advertising, client list, or references, without the express prior authorization of (Company). Termination During the term of the Agreement, either party may terminate the agreement by providing thirty (30) days advance written notice to the other party without cause. If Contractor materially breaches this agreement, (Company) will no longer be responsible for providing Contractor payment. A material breach includes, but is not limited, violations of law or covenants contained in any signed documentation between Contractor and (Company), including this Agreement. If (Company) suffers any loss due to the conduct and/or actions of Contractor, Contractor must reimburse and pay (Company) for all losses incurred due to Contractor’s breach within two weeks of receiving written notification of breach from (Company). Losses include but are not limited to Contractor submitting false time sheets, cancellation by Contractor without notice to (Company), substitution of Contractor with another person without obtaining (Company) approval, direct contact with client of (Company) and drug/alcohol usage. Contractor is not entitled to any compensation relating to the termination of this agreement, including unemployment insurance. This Agreement terminates automatically on the occurrence of any of the following events: (a) bankruptcy or insolvency of either party; (b) sale of the business of either party; or (c) death or permanent disability of either party; (d) material breach of any term or condition of this Agreement. Indemnification; Limitation of Liability (a) Indemnification. Contractor shall defend, indemnify and hold harmless (Company) and its clients (collectively, the “Indemnified Parties”), from and against all claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys’ fees), regardless of the form of action, including, without limitation, those based on, arising out of or relating to: (i) Contractor’s breach or alleged breach of this Agreement; and (ii) Contractor’s non-payment of any federal, state or local withholdings or taxes, social security, unemployment, workers’ compensation or disability insurance. Contractor shall promptly reimburse (Company) and the Indemnified Parties for any liabilities incurred in connection with any such claims. 66 (b) Limitation of Liability IN NO CASE SHALL (COMPANY) OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS GREEMENT (INCLUDING LOSS OF PROFIT, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY. (COMPANY) AND ITS RELATED PARTIES’ TOTAL LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, SHALL IN NO CASE EXCEED, IN THE AGGREGATE, THE GREATER OF (I) THE AGREED UPON AMOUNTS PAID OR PAYABLE TO CONTRACTOR UNDER THIS AGREEMENT, OR (II) TEN DOLLARS (U.S. $10.00). CONTRACTOR ACKNOWLEDGES AND AGREES THAT THESE LIMITATIONS REFLECT A FAIR ALLOCATION OF RISK AND THAT (COMPANY) WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY, AND CONTRACTOR AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, THE PARTIES AGREE THAT THE LIABILITY OF COMPANY AND ITS RELATED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. Merger This Agreement and the Proprietary Information Agreement memorializes the full terms and conditions of the agreement between the undersigned parties. All previous Agreements between the parties, if any, whether written or oral, are merged herein and superseded hereby Governing Law and Good Faith This Agreement shall be performed and construed under the laws of the State of (State Name) without regard to its conflicts of laws provisions. Any legal dispute between Contractor and (Company) shall be litigated in the Common Pleas Court for the County (County Name). CONTRACTOR ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. The Contractor executing this Agreement must sign directly below. This Agreement will not be “signed” in the sense of a traditional paper document. Rather, the Contractor shall enter alpha characters corresponding to his/her first and last name in the signature block below. Company does not determine or pre-approve what the entry should be, but simply presumes, and Contractor hereby represents and warrants, that this specific entry has been adopted to serve the function of Contractor’s electronic signature and signifies Contractor’s assent to and acceptance of all of the terms and conditions of this Agreement. The signature should consist of the signatory’s first and last name, e.g. John Doe. (Your name here) Contractor Date: Contractor’s Social Security Number 67 Appendix K: Relevant Articles about Undocumented Students Undocumented UCLA law grad is in a legal bind Tobar, Hector. “Undocumented UCLA law grad is in a legal bind.” Los Angeles Times 26 November 2010. Academic Purgatory: An illegal immigrant earns a Ph.D. Now what? Stavans, Illan. “Academic Purgatory: An illegal immigrant earns a Ph.D. Now what?” The Chronicle of Higher Education 26 June 2011. Illegal at Princeton Jordan, Miriam. “Illegal at Princeton.” The Wall Street Journal 15 April 2006. Note: Dan-El Padilla Peralta ultimately got an H-1B, which enabled him to reenter the country after he went to Oxford. Just One Thing Missing (radio story about undocumented student about to graduate from UCLA) McGray, Douglas. “Just One Thing Missing.” This American Life 06 April 2007. 68 Appendix L: Biographies of Contributors José Ivan Arreola was born in Durango, Mexico and came to the United States when he was four years old. With the unconditional love and support of his family and the guidance of many mentors along the way, Jose went on to study Political Science, History and Ethnic Studies at Santa Clara University — where he received a full scholarship. During his college career, Jose was an outspoken leader on campus around issues of racism, inequality, and oppression. Jose’s work culminated as the Executive Director of the Multicultural Center of Santa Clara University. Upon graduation, Jose was trained as a community organizer for racial and economic justice by the Center for Third World Organizing in Oakland, CA. As an undocumented student himself, Jose utilizes his experiences to help empower and support other undocumented students across the country. Krsna Avila is a recent graduate from the University of California, Davis where he received his Bachelor of Arts Degree in Sociology and Psychology. Arriving in the United States when he was four months old, Krsna only faintly remembers Mexico, the country where he was born. Growing up in Oakland, he was a victim of four different gun-shooting incidents. His ambition to succeed academically has become a passion as well as a philosophy for self-development. In addition to coordinating E4FC’s Legal Services, Krsna is looking forward to receiving acceptance letters from prestigious law schools around the nation in the near future. Dan Berger is a frequent speaker at colleges, universities, and nonprofits on immigration issues. He won the 1995 American Immigration Lawyers Association (AILA) annual writing competition for an article on INS policies toward international adoptions. Mr. Berger has also been a Senior Editor of the Immigration and Nationality Law Handbook since 2000, was an Author/ Editor of the revised National Association of Foreign Student Advisers’ Manual (2000), Editor-in-Chief of Immigration Options for Academics and Researchers (2005 and now the new edition 2011), and the Editor of the International Adoption Sourcebook. He currently is Vice Chair of the AILA Healthcare Committee and a member of the AILA Nebraska Service Center Liaison Committee, having previously served in many liaison positions. Mr. Berger developed his interest in immigration in college, where he studied immigration history and 69 taught English as a Second Language for adult refugees. He is a graduate of Harvard College and Cornell Law School. Santiago Campero is a graduate student at the MIT Sloan School of Management. His research focuses on labor market inequality and social categorization and identity theory. A native of Mexico DF, Santiago holds a Master’s degree from Berkeley and worked as a management consultant for five years prior to beginning his studies at MIT. Perla Flores is currently pursuing her Master’s of Public Health degree in Community Health Education at San Francisco State University. Her focus is undocumented students and the impact of detention centers in their lives, which she hopes will help bring to light the injustices immigrants face in detention. She grew up in Los Angeles and has been in the Bay Area since 2005 where she pursued her B.A. degree from UC Berkeley, graduating in 2009. Her passion for social justice issues has been evident in her tireless efforts to reach educational equity for undocumented students as well as for women and other under-served communities. As co-founder of Rising Immigrant Scholars through Education (RISE) at UC Berkeley, she spearheaded the first three “Reaching Our Dreams” AB540 Conferences and has spoken at various other AB540 workshops and conferences with sister organizations such as IDEAS at San Francisco State and UCLA. In the future she hopes to work on international public health, immigrant communities’ visibility in the United States and women’s issues on a global scale. Lorenzo Gamboa graduated with a B.S. from Santa Clara University in ’03 and an M.S. from University of Arizona in ’10. His passion and interest lie in addressing issues of injustice and inequality among ignored or marginalized communities, especially immigrant communities. He currently works as the associate director for undergraduate admission at Santa Clara University. Nelly Gonzalez attended the University of California - Berkeley and studied Molecular/Cell Biology and Cognitive Science. She has worked with health organizations for over six years in a variety of different roles and arenas, including research, policy, workforce development, public health, program development and management. Nelly is currently Program Director for a non-profit organization operating in Oakland, California whose mission it is to increase the number of under- represented health professionals through mentoring, career exposure, and leadership development. She serves on a variety of higher education advising committees and has extensive experience advising and working with students interested in health and medical careers. Nelly contributed to the Medical School portion of E4FC’s The Life After College Guide. Blanca Hernandez attended Contra Costa and Diablo Valley colleges before transferring to the University of California, Davis where she received a B.A. in Chicana/o Studies. While at Davis, Blanca co-founded Scholars Promoting Education, Awareness and Knowledge (SPEAK), a student organization committed to political activism for immigrant rights and educational justice. After graduating from UC Davis, Blanca returned to her hometown of Richmond, CA where she continues to serve her community and organize for educational justice both statewide and nationally, helping to co-found the Bay Area DREAM Act Coalition (BADAC). In 2009, she helped organize an entirely grassroots bike ride (Tour de DREAMs) from Los Angeles to Berkeley as a means to help undocumented students fundraise for their education. In 2010, she helped organize another entirely grassroots-funded caravan trip from California to Washington D.C. as part of national strategy to bring together students from across the nation to conduct legislative advocacy and outdoor demonstrations for the Federal DREAM Act. Today, she serves on the board for the Chicana/Latina Foundation and volunteers as a member of the Case Analysis team with Educators for Fair Consideration (E4FC). Bill Ong Hing is a Professor of Law at the University of San Francisco and Professor Emeritus at the University of California, Davis School of Law. He teaches Immigration Policy, Rebellious Lawyering, Negotiation, and Evidence. Throughout his career, he has pursued social justice by combining community work, litigation, and scholarship. He is the author of numerous academic and practice-oriented books and articles on immigration policy and race relations. His books include Ethical Borders—NAFTA, Globalization and Mexican Migration (Temple Univ. Press 2010); Deporting Our Souls—Values, Morality, and Immigration Policy (Cambridge Univ. Press 2006), Defining America Through Immigration Policy (Temple Univ. Press 2004), Making and Remaking Asian America Through Immigration Policy (Stanford Press 1993), Handling Immigration Cases (Aspen Publishers 1995), and Immigration and the 70 Law—a Dictionary (ABC-CLIO 1999). His book To Be An American, Cultural Pluralism and the Rhetoric of Assimilation (NYU Press 1997) received the award for Outstanding Academic Book in 1997 by the librarians’ journal Choice. He was also co-counsel in the precedent-setting Supreme Court asylum case, INS v. Cardoza-Fonseca (1987). Professor Hing is the founder of, and continues to volunteer as General Counsel for, the Immigrant Legal Resource Center in San Francisco. He serves on the National Advisory Council of the Asian American Justice Center in Washington, D.C. Sergio Lara is a graduate of the University of California, Berkeley where he majored in Sociology and obtained a minor in City and Regional Planning. His moral compass has led him down a path of social justice and positive social change. He has advocated for immigrant rights at local, state and national levels. He is a strong, longtime supporter of undocumented students in higher education and equal access for all. Most recently, he has engaged in grassroots organizing within the Promotora Network (Community Health Workers) to better organize the Latino community in Central California. Sergio aspires to continue onto graduate studies and be at the forefront of social justice issues as he is greatly influenced by his humanitarian outlook on life. Mario Lio is Chinese-Peruvian and immigrated to the United States from Peru when he was 12 years old. After only one year at Robertson Middle School, he ranked seventh place in his eighth grade class. He then went on to Oceana High School, where he was valedictorian of his graduating class. He graduated from UC Berkeley with a degree in Civil Engineering in 2010. He is currently pursuing a graduate degree in construction management at Cal State East Bay this year. In his undergraduate years, Mario joined Rising Immigrant Students in Education (RISE), an undocumented student group at UC Berkeley, and Asian Students Promoting Immigrant Rights through Education (ASPIRE), an Asian undocumented student group. When he first joined ASPIRE, he was amazed by how many Asian undocumented students showed up, but he soon learned that most students were “closeted cases,” meaning they were very secretive about their immigration status. Determined to change that, Mario mobilized students to speak out publicly against the deportation of DREAMer Steve Li last year. He and other ASPIRE students also organized phone banks almost every day for several weeks in the lead-up to the Senate vote on the DREAM Act. In addition to his work with ASPIRE, Mario serves as the Student Support Coordinator for Educators for Fair Consideration. Laura Lopez was born in Valle de Santiago, Guanajuato and raised in Napa, California. She graduated cum laude from the University of California, Santa Cruz and aspires to a law degree to practice immigration law. Meanwhile she organizes in her community for lowincome housing, education and immigrant rights. She serves on E4FC’s legal case analysis team and is the Application Coordinator for the New American Scholars Program. Carlos Macias was born in Nochistlán, Zacatecas, México. His parents brought him to the United States at the age of ten. Knowing that educational opportunities in his native Mexico would be limited, his family migrated to the United States hoping to find more educational and economic opportunities for Carlos and his siblings. After struggling through middle school and his first two years of high school, Carlos managed to graduate and continue on his studies at Chabot Community College in Hayward, California. He transferred to UC Berkeley in the fall of 2003 and completed a B.A. in Chicano Studies in the fall of 2007, graduating with high academic honors. After working at a non-profit organization as a case manager and counselor for two years, he began graduate studies at Purdue University in the state of Indiana. At Purdue University, Carlos studied American Studies, focusing on Early American/Colonial History. Now that he has completed a Master’s degree, his goal is to teach at a community college. In the near future he plans to return to a research university and pursue a Ph.D. in History, Literary Studies, or Educational Studies. Tsatsral Magnaibayar came to United States when she was in high school. In 2006 she graduated from high school and started her undergraduate studies at the University of California, Berkeley. There she majored in Architecture and minored in City and Regional Planning. In the near future she would like to pursue a Master’s Degree in Urban Design and Development, with an emphasis on sustainability. She is very passionate about making places, neighborhoods, and streets livable, meaningful and enjoyable for people. In order to make changes that directly affect people’s lives in a positive and empowering way, she needs to learn more and study hard. With determination and dreams she will surely achieve her goals. 71 Alejandro Mendoza was born in the state of Jalisco, Mexico. His odyssey began at the age of ten, leaving everything behind (accompanied by his mother and two sisters) to re-encounter his father and other siblings in el otro lado (the other side). With his unique willingness, self-determination, and the motivation that his family instilled in him, Alejandro found the formula to succeed in school. He graduated cum laude with a degree in Civil Engineering and a Minor in Studio Art from Santa Clara University (SCU). After graduation, Alejandro worked under the supervision of various engineers in the design of buildings. He is currently enrolled at San Jose State University (SJSU) pursuing a Master of Science in Civil Engineering. He hopes to be a fully licensed engineer one day and see many of his designs erected. Julio Navarrete was born in Puerto Vallarta, Jalisco, México. Julio and his family migrated to the United States in 1992. Fleeing poverty and persecution, they left their home in search of a better life. Julio is currently a grad student at the National Hispanic University, where he is pursuing a Master of Arts in Education. He holds a Bachelor of Arts in Radio, Television, Film, and Theater from San Jose State University, and a Spanish teaching credential in the state of California. Julio has a strong passion for participating in community service and human rights organizations. At SJSU, he was a member of the Sigma Alpha Lambda leadership and service organization, the Alpha Phi Omega community service fraternity, and the American GI Forum. After graduation, Julio worked at Downtown College Preparatory Charter High School, where he taught, motivated and mentored Latino students from low-income, immigrant families for three and a half years. Apart from his academic and professional endeavors, Julio enjoys writing, reading, exercising, and spending time with his loved ones. Elijah Oh was born in Seoul, South Korea and came to the United States in 1998 when he was eleven years old. His family immigrated to the United States to find a better life and flee the economic crisis in South Korea at the time. Despite the struggles and obstacles of being an undocumented student, Elijah was able to complete his Associate’s of Science in Nursing from De Anza College in 2010. He successfully passed the board exam and is now a licensed registered nurse. He is currently attending University of Texas at Arlington to complete his Bachelor’s of Science in Nursing and in the process of starting his own business as a holistic health coach. Karla C. Reyes is the founder of KCR Public Relations. She is passionate about social justice in the areas of education for immigrant youth, social entrepreneurship and the advancement of women in every business sector. 72 About the Author ILIANA PEREZ was born in Pachuca, Hidalgo, Mexico and immigrated to the United States when she was eight years old. With the support and encouragement from her parents, family and friends, she graduated with academic and university honors from California State University, Fresno with a degree in Mathematics and minors in Economics and Business. While at Fresno State, Iliana participated in the Aztec Dance Club, Peace and Dignity Journeys, MEChA, The Hispanic Business Student Association, the Salsa Club and Associated Students Inc. Upon graduation, Iliana went on to pursue a Master’s Degree in Global Political Economy and Finance at the New School for Social Research in New York City. She believes that every student deserves the right to an education regardless of legal status. Because of her personal and educational history, she feels committed to bringing change to immigrant communities and later to communities in Mexico. Iliana would like to embark on an academic career that will ultimately prepare her for a career in academia as a professor. Acknowledgements This guide would not have been possible without the collaboration of the students who were willing to share their experiences and provide sample documents for this guide: José Ivan Arreola, Krsna Avila, Beleza Chan, Catherine Eusebio, Perla Flores, Nelly Gonzalez, Blanca Hernandez, Prerna Lal, Sergio Lara, Mario Lio, Laura Lopez, Carlos Macias, Tsatsral Magnaibayar, Alejandro Mendoza, Julio Navarrete, Elijah Oh, Dan-el Padilla, Luis A. Perez, and Karla C. Reyes. Much guidance was also provided by Dan Berger (Curran & Berger LLC), Joshua Bernstein (Service Employees International Union), Tanya Broder (National Immigration Law Center), Santiago Campero (M.I.T. Sloan School of Management), Rhonda Factor (Counseling Services, The New School), Lorenzo Gamboa (Santa Clara University), Bill Ong Hing (University of San Francisco School of Law), Linton Joaquin (National Immigration Law Center), Claudia RodriguezMojica (Stanford University School of Education), Madeleine Rose (Sonoma State University), Mark Silverman (Immigrant Legal Resource Center), and Stephen Yale-Loehr (Cornell Law School). Thank you to Jennifer Pence (Academic Springboard) for her assistance with the editing of this guide. Finally, thank you to Kathy Gin for her time and dedication not only to this guide, but E4FC in general. About Us Educators for Fair Consideration (E4FC) E4FC’s mission is to support undocumented students in realizing their academic and career goals and actively contributing to society. Since 2006, we have offered scholarships, legal services, career internships, and a peer network for undocumented students in the San Francisco Bay Area. We also lead presentations and create educational materials to raise awareness about the needs of undocumented students nationwide. For more information, please visit us online: 73