Limited Employment under F1 Student Visa Guide
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Limited Employment under F-1 Student Visa Guide
General- An international student on an F1 visa must show that he/she has sufficient means of support (either by self-support or through sponsorship) to cover their living and educational expenses while in the US. While on F1 status, employment is strictly forbidden. However, in certain situations a student may initially arrange with the school to accept part-time employment (under 20 hours per week). There are five such situations where an F-1 foreign student may be employed: (1) on-campus employment; (2) off-campus employment due to severe economic hardship; (3) international-organization-sponsored internships; (4) special student relief program employment; and (5) curricular and optional practical training. Each of these categories is discussed below.
- On-Campus Employment – most academic students (F-1) may engage in on-campus employment without obtaining specific permission if they are engaged in full courses of study and the employment will not displace a U.S. resident. On-campus employment encompasses work performed on the school’s premises or at an off-campus location that is educationally affiliated with the school and is an integral part of the school’s educational program. No Employment Authorization Document (EAD) is need for this category of employment. Rather, simply the Designated School Official may need to endorse the I-20 Form on page four and state that the student is employed on-campus. On-campus employment may not exceed 20 hours per week.
- Off-Campus Employment – F-1 students can accept three types of off-campus employment that are not related to their academic programs: (i) employment based on severe economic hardship;(ii) certain internships with international organizations; and (iii) employment based on the special student relief program. Once the off-campus employment is approved, the U.S. Citizenship and Immigration Services (USCIS) issues an EAD card evidencing the employment authorization. Only then can the student begin his or her off-campus employment. All types of off-campus employment authorizations are terminated when the student either fails to maintain status or transfers to another school.
- Employment Authorization Based on Severe Economic Hardship- The DHS allows off-campus employment authorization based on an F-1 student’s urgent financial need. In order to be eligible for this category of employment, the student must be in good academic standing for at least one full academic year. Additionally, the student must be enrolled in a full-course study and prove to USCIS that off-campus employment is necessary due to sever economic hardship caused by circumstances beyond the students control. Again, the student cannot work more than 20 hours a week when school is in session, but can work full-time during holidays or school vacations. “Severe economic hardship” includes loss of financial aid, loss of on-campus employment (through no fault of the student), substantial fluctuations of value of currency, medical bills, inordinate increases in the tuition or living costs, or other unexpected substantial expenses. It should be evidenced that employment is necessary to overcome the severe economic hardship and that the employment will not interfere with student’s full course load.
- Internship with International Organization- An F-1 student who has been offered employment with an international organization that qualifies under the International Organizations Immunities must apply to the USCIS regional office with jurisdiction over the student’s residence. Work authorization under this category, which can be for full-time employment, is granted in increments of up to one year or until the expected date of employment completion, whichever comes first. However, the F-1 student must continue to meet all requirements to maintain status, including continuing with a full course of study, during the period of employment.
The application must include written certification from the organization that the proposed employment is within the scope of the organization’s sponsorship. The student must present an I-20 ID or Form I-20 with the employment page certified by the DSO as to the eligibility for employment. The student must clash royale hack 2017 download also turn in Form I-765 with its filing fee and a copy of Form I-94 to complete the application
- Special Student Relief– Under this program, the INS has published a regulation, allowing them to suspend and/or alter the rules regarding F-1 duration of status, full course of study, and employment eligibility in emergencies. This category includes students from whose means of financial support come from Indonesia, Malaysia, the Philippines, South Korea, or Thailand. This program applies indefinitely or until the notice is rescinded. This program has also been used for Haitian F-1 students after the devastating earthquake in Haiti. Additionally, areas adversely affected by Hurricane Katrina have fallen within this program for a limited period of time.
- Practical Training- Practical training is off-campus work by an F-1 student related to his or her field of study. Such training has long been recognized as critical to the educational process. Approval for practical training must be obtained by the DSO (designated school official). There are two types of practical training: curricular practical training (CPT) and optional practical training (OPT). Curricular practical training is integral to an established curriculum whereby the student alternates between the approved training and classroom instruction. Optional practical training may take place either before or after completion of studies. These are known as pre-completion and post-completion OPT, respectively. To qualify for either curricular practical training or optional practical training, a student must satisfy two general qualifications: lawful enrollment on a full-time basis in an approved college, university, conservatory, or seminary for at least one full academic year AND request for authorization for practical training in a position that is directly related to the student’s major field of study.
- Curricular Practical Training- Curricular practical training (CPT) refers to programs that are “an integral part of an established curriculum.” Students enrolled in a college, university, conservatory, or seminary are eligible to apply to the DSO for authorization to participate in a CPT program. The training must be alternative work-study, an internship, cooperative education, or any other type of required internship or practicum that is offered by a sponsoring employer through a cooperative agreement with the school.
- Optional Practical Training- There are three kinds of OPT: pre-completion OPT, post-completion OPT, and seventeen-month extensions of post-completion OPT for certain science, technology, engineering, and mathematics (STEM) degree holders. The student’s program end date determines whether the student requests pre- or post-completion OPT. Pre-completion OPT is OPT authorized to be done before the student’s program end date; post-completion OPT is OPT authorized to be done after the student’s program end date, for a period of 12 months. Students with approved pre-completion OPT may work up to twenty hours while school is in session, but may work full time when school is not in session as long as they plan to register for the next term