Work Authorization For International Students: Understanding Your Rights

International students in the US on an F1 visa are permitted to work off-campus under certain conditions. The F1 visa is for international students enrolled full-time in academic programs at US schools authorized by the US government to accept foreign students. Students on an F1 visa are required to prove they can afford school and living expenses before entering the US and are generally not expected to work off-campus. However, they may be authorized to work off-campus in cases of severe economic hardship or emergent circumstances, such as natural disasters or wars, as defined by the Department of Homeland Security (DHS). They may also be eligible for Optional Practical Training (OPT) or Curricular Practical Training (CPT), which allows them to gain work experience related to their field of study.

Off-campus work authorization for international students in F-1 status

International students with an F-1 visa are only allowed to work off-campus under specific circumstances. Firstly, they must have been enrolled for at least one academic year, be in status, and be in good academic standing. They must also prove that they are unable to get on-campus employment or that the pay from available on-campus employment is insufficient to meet their financial needs. In addition, their work must be related to their area of study.

F-1 students can seek off-campus employment through a variety of programs. One such program is the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). This program provides practical training that directly relates to an F-1 student's major area of study. To be authorized to work, students must obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) before starting work. The student may not begin employment until the date indicated on the EAD. While still in school, a student authorized for OPT may work up to 20 hours per week while school is in session and full-time during the student's annual vacation and at other times when school is not in session. After finishing a course of study, an F-1 student may be authorized for up to 12 months of OPT.

Another option for off-campus employment is through a recognized international organization within the meaning of the International Organization Immunities Act (59 Stat. 669). To be eligible, the student must first obtain an internship offer with an international organization and then work with the Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS. The DSO must enter their recommendation into the Student and Exchange Visitor Information System (SEVIS) and provide the student with a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status." The student must then complete and submit Form I-765, "Application for Employment Authorization," along with a fee to USCIS. If approved, the student will receive a Form I-766, "Employment Authorization Document" (EAD), which will allow them to begin working.

It is important to note that off-campus employment authorization for F-1 students typically ends one year after issuance or upon completion of the program, whichever comes first. Additionally, F-1 students must have sufficient funds to support themselves during their studies and should not plan to work off-campus to meet their financial needs. Working without permission is considered a serious offence and can result in termination of the student's SEVIS record and immediate departure from the United States.

Curricular Practical Training (CPT)

International students in the US with an F1 visa are permitted to work off-campus where the practical training is an integral part of the curriculum or academic program. This is known as Curricular Practical Training (CPT). 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 for CPT, the work experience must be required for your degree, or academic credit must be awarded. Prior authorization is required from your school's International Student Office and the U.S. Citizenship and Immigration Service (USCIS). You must have been enrolled in school full-time for one year on valid F1 status (except for graduate students where the program requires immediate CPT). CPT employment must be an integral part of your degree program or a requirement for a course for which you receive academic credit.

Your International Student Office must authorize you for CPT, and you can only work for the specific employer and for the specific dates authorized. Your CPT authorization will specify whether you are approved for part-time (20 hours per week or less) or full-time employment. While in school, you can only be approved for part-time CPT. Regardless of whether you are approved for full or part-time 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.

CPT authorization is only required when the training is inside the United States. For example, a summer internship in a student's home country does not need CPT authorization. The off-campus employment authorization ends one year after issuance or upon completion of the program, whichever comes first.

Pre-Completion Optional Practical Training (OPT)

To be eligible for Pre-Completion OPT, students must be enrolled full-time for at least one full academic year in the US and be physically present in the country. They must also be enrolled in, or completing, a degree program in the US. Students can apply for Pre-Completion OPT after being enrolled for at least nine months. However, they cannot begin working before receiving their Employment Authorization Document (EAD) from the US Citizenship and Immigration Service (USCIS) and must have been enrolled for at least a year.

If authorized for Pre-Completion OPT, students may work 20 hours or less per week while school is in session and full-time when school is not in session. This employment must be directly related to their major area of study. Students can work anywhere in the US and may change jobs during their OPT period.

It is important to note that the time spent on Pre-Completion OPT will be deducted from the available period of Post-Completion OPT. Additionally, if a student has already received one year of full-time Pre-Completion OPT, they will not be entitled to any period of Post-Completion OPT employment authorization.

Employment Authorization Document (EAD)

International students in the United States on F-1 visas are typically prohibited from working off-campus during their first academic year. However, they may accept on-campus employment, subject to specific conditions and restrictions. After completing their first academic year, F-1 students can seek off-campus employment through various programs. One such program is Curricular Practical Training (CPT), which includes internships, cooperative education, or other types of required internships or practica offered by sponsoring employers through agreements with the school. CPT must be an integral part of the established curriculum, and a Designated School Official (DSO) must authorize it.

For off-campus employment, F-1 students must obtain authorization from the Designated School Official (DSO) and the U.S. Citizenship and Immigration Services (USCIS). This authorization is valid for one year and can be extended if the job is still available, provided the student applies for continued authorization at least six months before the initial authorization expires. In addition, off-campus employment for F-1 students must be related to their area of study.

Optional Practical Training (OPT) is another program that provides practical training related to an F-1 student's major area of study. To participate in OPT, F-1 students must obtain an Employment Authorization Document (EAD) from USCIS before starting work. While still in school, an F-1 student authorized for OPT may work up to 20 hours per week during the school session and full-time during annual vacations or other breaks. After completing their studies, F-1 students may be authorized for up to 12 months of OPT, with some students eligible for extensions.

The Employment Authorization Document (EAD) is a crucial component of work authorization for certain individuals in the United States, including international students on F-1 visas. The EAD serves as proof of employment authorization and identity for Form I-9, Employment Eligibility Verification. To obtain an EAD, individuals must file Form I-765, "Application for Employment Authorization," along with the required fee. The EAD is typically valid for a specific period, and individuals should renew it before it expires to avoid gaps in their work authorization.

On-campus employment

International students enrolled full-time and in valid F-1 status can generally work on-campus for up to 20 hours per week when classes are in session and up to 40 hours per week when classes are not in session. F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment.

To apply for on-campus employment, students must talk to their Designated School Official (DSO). If approved, the DSO will provide a letter of approval. Students must then take this letter and a letter of approval from their employer to apply for a Social Security Number (SSN). All students who wish to work must apply for an SSN.

Students in valid F-1 status cannot be employed off-campus without meeting eligibility requirements and obtaining official authorization. Immigration regulations severely limit the international student's eligibility to accept employment off-campus. Students found working illegally are failing to maintain their F-1 student status and risk losing their F-1 student status and having their F-1 visa revoked.

Frequently asked questions