International Students: Foreign National Status And Complications

International students are considered foreign nationals and are defined as non-immigrant visitors who travel to a country temporarily to take classes or take online courses virtually from anywhere in the world. In the United States, international students are allowed to obtain work authorization under specific circumstances, such as internships and full-time opportunities. International students are also eligible for certain benefits while studying in the United States, such as applying for a driver's license, taking advantage of practical training opportunities, and working under certain circumstances. The term international student is used to describe students who are not from the United States and are studying in American universities, replacing the previously used term foreign.

International students are considered non-resident foreign nationals for tax purposes

International students are considered foreign nationals and are classified as non-resident aliens for tax purposes. This means that they are taxed only on their US-sourced income. International students on F-1, J-1, or M-1 visas are considered non-resident aliens for their first five calendar years in the US. After this period, they are considered resident aliens and are taxed on their worldwide income.

International students on F-1 visas are considered non-resident aliens for tax purposes for the first five calendar years of their stay in the US. During this time, they are exempt from Social Security and Medicare taxes on wages earned within the US. To qualify for this exemption, the services performed must be allowed by the USCIS for these nonimmigrant statuses and must be carried out to fulfil the purpose for which the visas were issued.

International students on J-1 visas are also considered non-resident aliens for their first five calendar years in the US. After this period, they are classified as resident aliens for tax purposes. It is important to note that J-1 professors or researchers who are complying with the requirements of their visas do not count days towards the substantial presence test for the first two calendar years.

International students on M-1 visas are considered non-immigrants and are generally eligible for certain benefits while studying in the US. These benefits include applying for a driver's license, taking advantage of practical training opportunities, and, under certain circumstances, working.

It is worth mentioning that international students, regardless of their tax residency status, are exempt from FICA (Social Security and Medicare) taxes if they are employed by a school, college, or university where they are enrolled at least half-time. This exemption applies only if their on-campus employment is incidental to and for the purpose of pursuing a course of study.

International students can obtain temporary US work authorization

International students are considered foreign nationals in the US. They can obtain temporary US work authorization under specific circumstances, whether during their studies or after graduation. The process for hiring an international student for internships and full-time opportunities is well-established and straightforward.

International students can enter the United States as full-time students at an accredited college, university, or other academic institutions under the F-1 Visa. 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, including Curricular Practical Training (CPT), which is an off-campus employment option when the practical training is integral to the curriculum. To qualify for CPT, the work experience must be required for the degree, and prior authorization from the school's International Student Office and notification to the USCIS is required. CPT employment can be either part-time or full-time, and there is no limit to how long a student can work. However, working full-time on CPT for 12 months or more makes the student ineligible for OPT.

Another option for off-campus employment is Optional Practical Training (OPT), which F-1 students can engage in during and after their degree. OPT employment can occur anywhere in the US and requires prior authorization from the USCIS and the International Student Office. Students can apply for OPT after being enrolled for at least nine months, but they must wait to receive their Employment Authorization Document (EAD) from USCIS before starting employment.

Additionally, F-1 students may be eligible to work off-campus in Science, Technology, Engineering, and Mathematics (STEM) fields through the STEM OPT extension. USCIS authorizes practical training opportunities and some employment opportunities, and students can work with their designated school officials to apply for these benefits.

International students can apply for a driver's license

International students are considered foreign nationals. As an international student, you can apply for a driver's license in the United States. The process for getting a driver's license is straightforward, but there are a few things to keep in mind. Firstly, it is important to contact your local Department of Motor Vehicles (DMV) office to learn about the specific requirements for international students in your state. While most states have similar rules, there can be significant differences.

Before applying for a driver's license, international students should wait at least 10–14 days after arriving in the United States. This allows time for the immigration systems to update the student's information. In most states, international driving licenses or International Driving Permits (IDPs) are not accepted, so it is important to apply for a state driver's license and follow the processes outlined by the local DMV.

To apply for a driver's license, students will need to visit the local office of their state agency that issues driver's licenses. There, they will need to pay a non-refundable application fee and provide original copies of the required documents. The application fee varies across states and depends on the age of the applicant, typically ranging from $10 to $89. A photograph will be taken, and a digital scan of the applicant's fingerprint and electronic signature will be obtained.

The required documents for the driver's license application typically include:

• All signed versions of Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status"
• A valid passport and the most recent student visa (unless the applicant is from a visa-exempt country)
• Proof of residence, which varies from state to state
• Social Security Number (SSN) or Form SSA-L676, "Refusal to Process SSN Application," if required by the state
• Form I-766, "Employment Authorization Document," if on optional practical training

After submitting the application, a DMV official will explain the next steps. The applicant may receive a temporary license, and the final license may be issued immediately or may take several weeks, depending on the state. The applicant may also need to pass a driving and written test, unless they have a license from their home country or another state that is accepted by the DMV.

International students can engage in practical training

International students are considered foreign nationals. They are allowed to obtain work authorization under specific circumstances, whether during their studies or after graduation.

International students on F-1 visas can engage in practical training through Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT is a temporary work authorization that allows F-1 students to gain work experience in their field of study during their academic program. To be eligible, students must have completed at least one full academic year of school, have a valid job or internship offer related to their field of study, and the job must satisfy an integral component of their academic program. CPT employment is limited to 20 hours per week and must not delay graduation.

OPT, on the other hand, is temporary employment directly related to an F-1 student's major area of study. Eligible students can apply for up to 12 months of OPT employment authorization before or after completing their academic studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT. OPT can be used to find any job, as long as it is related to the student's field of study.

For both CPT and OPT, students must apply for work authorization by filing a Form I-765 with U.S. Citizenship and Immigration Services (USCIS) and paying a filing fee. Students will receive an Employment Authorization Document (EAD) upon approval, which authorizes them to work in the United States.

It is important to note that working without authorization in the United States can have serious consequences, including removal from the country and re-entry bars. International students should ensure they understand the requirements and regulations for maintaining their student status and work authorization.

International students can be called 'foreign' or 'foreigners'

International students are individuals who choose to pursue their education in a foreign country. They are referred to as "international" students because they are engaging in international education, which involves crossing national borders to study. This term is often used to describe students who are not from the United States and are studying there.

While the term "international student" is commonly used, some people argue that it may not be the most accurate or appropriate term to refer to students studying abroad. Some individuals, such as Shari Motro, suggest rethinking the use of the word "international" to describe these students. In the past, such students were referred to as "foreign," which has negative connotations and quickly becomes "foreigner," further alienating these students. The term "international" was adopted as it sounds more democratic and inclusive.

However, some international students may not be comfortable with this term, feeling it still labels them as "others." It is important to recognize that international students bring valuable diversity to campuses and communities, enriching the educational experience for all. Embracing differences and encouraging cultural exchange are essential aspects of international education.

Despite the debate around the terminology, the term "international student" is still widely used and recognized. International students often have specific visa statuses, such as F-1, J-1, or M-1 in the United States, which grant them certain benefits and opportunities, such as applying for a driver's license, engaging in practical training, and obtaining work authorization under specific circumstances.

In conclusion, while there are differing opinions on the terminology, international students can still be referred to as "foreign" or "foreigners." However, it is crucial to be mindful of the potential implications and to foster an inclusive environment that celebrates diversity and cultural exchange.

Frequently asked questions