Working with a student (F-1) Visa
There are four widely-used categories of employment for F-1 students.
In order to be eligible for employment, a student must be maintaining valid F-1 status. A student who is out of status is not eligible for employment. Each of these employment categories has specific eligibility requirements.
The regulations authorize the following kinds of on-campus employment.
1SSA requirements for obtaining a Social Secuirty Number
severe, unforeseen economic necessity internship with an international organization employment based on the Special Student Relief program
Off campus employment must be approved by the DSO. Once obtaining the DSOs approval, the student my file an application for employment authorization with USCIS, which will issue an EAD card as evidence of employment authorization. A student may not start working until he or she receives the EAD from USCIS.
There are a number of prerequisites that must be met in order to qualify for employment based on economic hardship. The student must have been in F-1 status for at least one full academic year. She must prove to USCIS that employment is necessary due to severe economic hardship caused by circumstances beyond her control that arose after obtaining F-1 status. USCIS will grant authorization for a one-year period of time. Again, students may only work 20 hours per week while school is in session. They may work in any job, even if it is not related to their course of study.
In order to apply for off-campus work authorization, the student must document and present to the DSO the economic circumstances that require her to work. She should prepare a statement describing the unforseen hardship and, if possible, attach documentary evidence such as a letter from her parents regarding a change in the family's financial circumstances, a large currency devaluation the home country or a similar explanation. She should also explain why other employment options are not available or feasible.
If the DSO agrees to authorized off-campus employment, the student should complete Form I-765, Application for Employment Authorization, provide the DSO with two photographs and the appropriate filing fee.
Generally, a student must have been enrolled on a full-time basis for one full academic year to be eligible for CPT or OPT. There are exceptions. Students who are taking a reduced course load on the advice of the DSO are considered to be in status and are not precluded from participating in practical training. Some graduate programs require students to engage in training prior to completing one full academic year. These students may engage in curricular practical training before having been enrolled for one year.
Practical training is not available to students in English language training programs. Only study at colleges, universities, conservatories or seminaries will qualify a student for practical training.
engineering and mathematics fields (STEM) if their employer is enrolled in E-Verify.
Pre-completion practical training is defined as training completed during a student's annual vacation and at other times when school is not in session, if the student is enrolled for the next term and while school is in session provided that practical training does not exceed 20 hours per week. Full-time employment may be requested for pre-completion OPT done during school breaks.
Post-completion practical training is done after completion of the course of study, or for a student in a bachelor's master's or doctoral degree program, after completion of all course requirements for the degree. Post-completion OPT includes training done after completion of all course requirements for the degree except the thesis or equivalent.
For post-completion OPT a student must be employed for at least 20 hours per week. The employment must be directly related to the student's course of study.
No offer of employment is required to apply for standard OPT but the student is expected to work during the OPT EAD validity period. Students on post-completion OPT are limited to a maximum of 90 days of unemployment.
To apply for a 17-month STEM extension, a student must have an offer of employment from an employer registered with E-Verify.
Students who have used one year or more of CPT training are not eligible for OPT.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience assisting students and DSOs with employment options and we would welcome the opportunity to consult with you about the strategy most appropriate to a particular case.
(1) On-campus employment
(2) Employment authorized because of severe economic hardship
(3) Employment sponsored by international organizations
(4) Practical Training (curricular and option practical training).
(2) Employment authorized because of severe economic hardship
(3) Employment sponsored by international organizations
(4) Practical Training (curricular and option practical training).
In order to be eligible for employment, a student must be maintaining valid F-1 status. A student who is out of status is not eligible for employment. Each of these employment categories has specific eligibility requirements.
1. On Campus Employment
F-1 students are generally permitted to work part-time on the premises of the school that issued the I-20 as long as they are attending that school and maintaining F-1 status. This type of employment does not require specific authorization from the Department of Homeland Security (DHS) or the Designated School Official (DSO).1 Students are eligible immediately upon obtaining F-1 status, although they may not begin to work more than 30 days prior to the actual start of classes. There are no waiting periods. The employment must be on-campus. The student can be employed for the entire period of time during which they are pursuing a full course of study. The job does not have to be related to a course of study. No formal offer of employment is required. There is a 20 hour per week limit, although a student may work full-time during summer and other vacation periods. The employment must not displace a US resident. A student may not engage in on-campus employment during the 60-day grace period following the completion of a course of studyThe regulations authorize the following kinds of on-campus employment.
A. Work on campus, where the school is the employer
This type of on-campus employment includes being a teacher or research assistant. It would also include jobs in the school library, cafeteria and administrative offices. When the school is the employer, the only general restriction is that the school may not remove a US worker in order to hire an F-1 student.B. Work on campus, where an on-campus firm is the employer
On campus employment might also include employment with commercial firms that provide services for students on campus, such as the school bookstore or the cafeteria. The commercial firm must be providing direct student services.1SSA requirements for obtaining a Social Secuirty Number
C. Work at an off-campus location affiliated with the school
Sometimes work at an off-campus location can qualify as on-campus employment if the work is affiliated with the school's established curriculum or related to a research project.2. Off-Campus Employment Based on Severe Economic Hardship
A student may be authorized for off-campus employment but only under the following circumstances:severe, unforeseen economic necessity internship with an international organization employment based on the Special Student Relief program
Off campus employment must be approved by the DSO. Once obtaining the DSOs approval, the student my file an application for employment authorization with USCIS, which will issue an EAD card as evidence of employment authorization. A student may not start working until he or she receives the EAD from USCIS.
There are a number of prerequisites that must be met in order to qualify for employment based on economic hardship. The student must have been in F-1 status for at least one full academic year. She must prove to USCIS that employment is necessary due to severe economic hardship caused by circumstances beyond her control that arose after obtaining F-1 status. USCIS will grant authorization for a one-year period of time. Again, students may only work 20 hours per week while school is in session. They may work in any job, even if it is not related to their course of study.
In order to apply for off-campus work authorization, the student must document and present to the DSO the economic circumstances that require her to work. She should prepare a statement describing the unforseen hardship and, if possible, attach documentary evidence such as a letter from her parents regarding a change in the family's financial circumstances, a large currency devaluation the home country or a similar explanation. She should also explain why other employment options are not available or feasible.
If the DSO agrees to authorized off-campus employment, the student should complete Form I-765, Application for Employment Authorization, provide the DSO with two photographs and the appropriate filing fee.
3. Employment Sponsored by an International Organization
A student may also be allowed to work for a qualified international organization. A student is eligible to work under this program as soon as he or she is in F-1 status. The student must apply for an EAD with USCIS. The EAD will be issued in one year increments. It can be approved for full-time employment although the student must maintain a full course load. The employment does not have to be related to the student's course of study. In reality, international organizations usually hire students for positions that correspond to their fields of study. In order to apply, the student must have a written offer of employment from the international organization.4. Practical Training
F-1 students may also engage in temporary employment to gain practical experience in their field of study. There are two types of practical training: curricular practical training (CPT) and optional practical training (OPT). There are three sub-categories of OPT: pre-completion OPT; post-completion OPT; and STEM extension OPT.Generally, a student must have been enrolled on a full-time basis for one full academic year to be eligible for CPT or OPT. There are exceptions. Students who are taking a reduced course load on the advice of the DSO are considered to be in status and are not precluded from participating in practical training. Some graduate programs require students to engage in training prior to completing one full academic year. These students may engage in curricular practical training before having been enrolled for one year.
Practical training is not available to students in English language training programs. Only study at colleges, universities, conservatories or seminaries will qualify a student for practical training.
A. Curricular Practical Training
To be eligible, students must have been lawfully enrolled in a full-time DHS approved school. The student may engage in CPT for the specific employer, location and period approved and recorded by the DSO. The DSO may grant CPT in increments of no more than one year, or until the expected date of completion, whichever is shorter. There is no maximum period of time that student can engage in CPT although it can only be approved for employment up until the time course work is completed. CPT may be approved for part-time (20 hours) or full-time (more than 20 hours). It must be related to a student's course of study. The student must have an offer of employment. A student who uses full-time CPT for one year or more will not be eligible for OPT. A student who engages in part-time CPT will still be eligible for OPT. The regulations do not clearly specify what types of training qualify as CPT. The DSO of each school will analyze each situation, apply the schools policies and decide whether or not a program meets the requirements of the student's course of study and the regulations.B. Optional Practical Training
To qualify for F-1 OPT a student must have been enrolled on a full-time basis at a DHS-approved school for one full academic year. It is available for pre- and post completion training, but different rules apply. Standard OPT is available for a cumulative maximum of 12 months per educational level. Although students may engage in both pre- and post- completion OPT, the maximum amount of time that can be granted for all standard OPT combined is 12 months per educational level. A one-time extension of 17 months (for a maximum of 29 months) is available to recipients of bachelor's, master's, and doctoral degrees in certain science, technology,engineering and mathematics fields (STEM) if their employer is enrolled in E-Verify.
Pre-completion practical training is defined as training completed during a student's annual vacation and at other times when school is not in session, if the student is enrolled for the next term and while school is in session provided that practical training does not exceed 20 hours per week. Full-time employment may be requested for pre-completion OPT done during school breaks.
Post-completion practical training is done after completion of the course of study, or for a student in a bachelor's master's or doctoral degree program, after completion of all course requirements for the degree. Post-completion OPT includes training done after completion of all course requirements for the degree except the thesis or equivalent.
For post-completion OPT a student must be employed for at least 20 hours per week. The employment must be directly related to the student's course of study.
No offer of employment is required to apply for standard OPT but the student is expected to work during the OPT EAD validity period. Students on post-completion OPT are limited to a maximum of 90 days of unemployment.
To apply for a 17-month STEM extension, a student must have an offer of employment from an employer registered with E-Verify.
Students who have used one year or more of CPT training are not eligible for OPT.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience assisting students and DSOs with employment options and we would welcome the opportunity to consult with you about the strategy most appropriate to a particular case.
