Most international students in the United States hold an F-1 visa, which is the U.S. non-immigrant student visa. F-1 students are allowed to work in the United States, but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS).
Generally, all employment is contingent on remaining within the terms and restrictions of your F-1 visa. There are several categories of employment during the term of your stay as an F-1 student in the United States. On-campus employment is the most freely available, and then there are four categories of off-campus employment: optional practical training (OPT), curricular practical training (CPT), severe economic hardship, and approved international organizations.
On-campus employment is the category most freely permitted by the USCIS regulations, and it does not require USCIS approval. However, although F-1 status includes an on-campus employment privilege, on-campus employment opportunities at most schools are limited. Even if you can obtain a job on campus, you may not rely on it to prove financial resources for the year, and often these jobs are not related to your studies. Many schools do require that you obtain permission from the International Student Office prior to accepting any on-campus employment, and may not permit such employment in a student's first semester or year.
For on-campus work, an F-1 student is subject to the following rules:
The definition of on-campus employment includes:
Since your status is always contingent on your school's support, you must seek guidance and clearance from your International Student Office prior to applying for or accepting any employment, and you should request their particular interpretation of any ambiguous situation. You will also need your school's guidance to ensure that you file all appropriate forms with USCIS and receive any necessary USCIS approval.
Optional Practical Training (OPT):
International students in the U.S. in valid F-1 immigration status are permitted to work off-campus in optional practical training (OPT) status both during and after completion of their degree. Rules established by the U.S. Citizenship and Immigration Service (USCIS) govern the implementation of OPT, and all OPT employment requires prior authorization from USCIS and from your school’s International Student Office.
You can apply for OPT after being enrolled for at least 9 months, but you cannot begin employment until you receive your Employment Authorization Document (EAD) from USCIS and you have been enrolled for at least a year. You do not need to have a job offer to apply for your OPT EAD, and your OPT employment can occur anywhere in the US. Start early—USCIS takes up to 90 days to process your application—and make sure you work closely with your school’s International Student Office. As with everything you will do while in the U.S., permission is based on maintaining lawful F-1 status, and your International Student Office is there to help you maintain that status throughout your stay.
OPT before completing a degree:
OPT after completing a degree:
One final note – be mindful of the travel regulations governing F-1 students on OPT. If you leave the country after completion of your degree, but before receiving your EAD and obtaining a job, you may not be readmitted. You can leave the country after completion of your degree if you have your EAD and a job, but make sure you bring everything that you’ll need to get back in (including valid passport, valid EAD card, valid F1 visa, all your I-20s with page 3 endorsed for travel by your international student advisor within the past 6 months, and a letter of employment, including dates of employment and salary).
The Department of Homeland Security updated their OPT requirements for students who are studying certain degree programs so that OPT can be extended for an additional 17 months, up to a total of 29 months of OPT. This was instituted to plug the gap between students who completed their OPT and did not have a chance to file for an H1B visa due to the time frames and visa caps that exist on the H1B visa. Students can now extend their OPT so they still have the opportunity to apply for an H1B visa.
The special extension of the OPT program is only available to those who are employed by companies who are enrolled in the E-Verify program, and you have to be studying one of the following subjects:
Curricular Practical Training (CPT):
Curricular Practical Training (CPT) is an off-campus employment option for F-1 students when the practical training is an integral part of the established curriculum or academic program. CPT employment is defined as “alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.” To qualify, the work experience must be required for your degree, or academic credit must awarded. And yes, you can get paid for CPT employment. Prior authorization by your school’s international student office and notification to the U.S. Citizenship and Immigration Service (USCIS) is required.
To be eligible for CPT employment:
Regardless of whether you are approved for full or part-time on CPT, there is no limit to how long you can work. However, if you work full-time on CPT for 12 months or more, you are not eligible for OPT. If you work part-time on CPT, or full-time on CPT for less than 12 months, you are still eligible for all of your allowable OPT.
So make sure you watch the dates and hours closely – don’t jeopardize your OPT!
As with all employment, you should work closely with your international student office. The general rules will apply somewhat differently to undergraduates, graduate students and PhD candidates, and they can guide you. The office can help you determine your eligibility for CPT, make sure your job offer qualifies, and make sure you follow all necessary steps in applying to USCIS. They also have to authorize your CPT, so you have no choice – you have to work with them. But they are pros, especially when it comes to USCIS regulations, so use them – they are there to help you.
Many schools in the United States offer work and study programs that coordinate immediate employment through CPT programs. Not only does this give international students the opportunity to help cover the costs of their education, but they will at the same time gain valuable work experience and obtain their masters degree.
Severe Economic Hardship
Any F-1 student suffering "severe economic hardship" as defined by USCIS is eligible to work off-campus for up to 20 hours per week while school is in session, and full-time during breaks.
To be eligible under "sever economic hardship", a student must:
The rule gives examples of the types of things that could be considered "severe economic hardship caused by unforeseen circumstances beyond the student’s control." These circumstances may include:
You must apply for an "employment authorization document" (EAD) with the help and guidance of your International Student Office -- you do not need a job offer before you apply for the EAD. But several forms and documents are required, together with fees and photos, etc., and processing can take up to 12 weeks or longer -- and you cannot start work until you receive the EAD. Once you receive the EAD, you may work for an employer at any job, anywhere in the United States. Employment authorization is automatically terminated when a student fails to maintain valid F-1 status.
Employment with an International Les TWINS Organization OfficialThe final category of employment for international students in the U.S. on F-1 visas is employment with a “recognized international organization.” To qualify, an organization must be on the official State Department list, and listed organizations include the Red Cross, African and Asian Development Banks, the World Health Organization, the World Trade Organization, and many other similar but less well-known organizations. Because it does not have the universal application of OPT or CPT, this category of employment is often overlooked. Only students with a job offer and sponsorship from one of the listed organizations are eligible. However, for those lucky students who do have such sponsorship, there are clear benefits of this employment category.
Requirements to work for an international organization:
There are certain advantages of this type of employment when compared to CPT or OPT.
Remember that you are restricted by your visa in terms of being able to work in the USA. It is a MUST that you know all the requirements and restrictions concerning your visa!
Astute Overseas Education and Training Academy, Pune & Chicago, USA [email protected]
Astute Academy is an organization of overseas education mentors, offering ethical and tailor-made solutions for all who aspire to study abroad.
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