Work Rights For International Students In The Us

International students in the US on an F-1 visa are often curious about their work authorization status. The answer is yes, international students are legally authorized to work in the US, but there are several conditions. F-1 students may not work off-campus during their first academic year, but they may accept on-campus employment. After the first academic year, F-1 students may engage in off-campus employment, but it must be related to their area of study and authorized by the Designated School Official and USCIS. F-1 students may also be eligible for Curricular Practical Training (CPT) and Pre-Completion Optional Practical Training (OPT), which are off-campus work authorization programs.

F-1 Visa students and off-campus employment

International students in the US on an F-1 visa are permitted to work off-campus in optional practical training (OPT) status during and after completion of their degree. However, this is contingent on remaining within the terms and restrictions of their F1 visa. F-1 students may not work off-campus during their first academic year. After the first academic year, F-1 students may engage in three types of off-campus employment, but this must be authorized by the Designated School Official and USCIS.

On-campus employment is the most freely available option for F-1 students. It does not require USCIS approval, but many schools require that students obtain permission from the International Student Office before accepting on-campus employment. On-campus employment must not displace a US citizen or lawful permanent resident (LPR). An F-1 student may work up to 20 hours per week during school sessions and full-time during annual vacations or when school is not in session.

Curricular Practical Training (CPT) is another off-campus employment option for F-1 students. 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 the student's degree, or academic credit must be awarded.

Students can also apply for OPT after being enrolled for at least 9 months, but they cannot begin employment until they receive their Employment Authorization Document (EAD) from USCIS and have been enrolled for at least a year. USCIS takes up to 90 days to process the application, so students are advised to start the process early.

It is important to note that non-compliance with the guidelines for on-campus employment may result in a violation of status, which could lead to the F-1 student having to leave the United States.

CPT and OPT

Curricular Practical Training (CPT) is a type of authorization that allows F-1 visa students in the United States to gain practical work experience related to their field of study. It could be in the form of paid or unpaid internships, or full or part-time work directly related to the student's field of study. CPT is part of the academic program and does not require a separate work visa. Students can work between 20 and 40 hours per week while school is in session, and CPT can be on-campus or off-campus.

To obtain CPT authorization, students must request it through their school's website. The Designated School Official (DSO) will review the request and check the student's eligibility. If the student is eligible, the DSO will authorize the CPT in the Student and Exchange Visitor Information System (SEVIS) for a particular employer. The DSO will then print and sign Form I-20 with CPT authorization. CPT authorization is only required for training that takes place in the United States.

It is important to note that if a student completes 12 months or more of full-time CPT, they become ineligible for Optional Practical Training (OPT). OPT is a separate program that allows students to work off-campus in their field of study for up to 12 months. To be eligible for OPT, students must apply for work authorization by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS) and paying a filing fee. They will then receive an Employment Authorization Document (EAD) upon approval. OPT is available at each education level, meaning students can have 12 months of OPT at the bachelor's level and another 12 months at the master's level.

Visa sponsorship

International students on F-1 visas are permitted to work on campus without a work permit, but they need a work permit to work at off-campus jobs or internships. F-1 students may not work off-campus during their 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: practical training, off-campus employment due to economic hardship, and STEM OPT. Practical training can be curricular or optional, and it must be directly related to the student's major area of study.

To obtain off-campus employment authorization, F-1 students must first obtain an internship offer with an international organization and then work with their Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS. The DSO will enter their recommendation into the Student and Exchange Visitor Information System (SEVIS) and provide the student with a Form I-20, which certifies their student status. The off-campus employment authorization is valid for one year or until the completion of the program, whichever comes first. If the job continues beyond this period, the student must apply for continued employment authorization at least six months before the authorization expires.

Regarding visa sponsorship, international students can be sponsored by their parents, relatives, or employers in some cases. To sponsor a student, the sponsor must provide financial support for the student's educational and living expenses for at least one year. This typically includes tuition fees and living costs, as mentioned on the student's Form I-20. The sponsor must submit financial documents as proof of funds, such as bank statements, fixed deposit receipts, solvency letters, or loan letters. It is important for students to consult with their DSO and seek advice on visa rules and regulations to ensure compliance.

STEM OPT extension

International students on an F-1 visa are permitted to work in the US, but only under certain conditions. Students on an F-1 visa are allowed to accept on-campus employment, but only after the first academic year. After this period, students may also be eligible for off-campus employment. This off-campus employment must be directly related to the student's major area of study and must be authorized by the Designated School Official (DSO) and USCIS.

The STEM OPT extension is a program that allows eligible students to apply for a 24-month extension of their post-completion Optional Practical Training (OPT). OPT is temporary employment that is directly related to an F-1 student's major area of study. Students can apply for up to 12 months of OPT employment authorization before or after completing their academic studies.

To be eligible for the STEM OPT extension, students must:

• Have earned a bachelor's, master's, or doctoral degree from an accredited and certified school
• Have a degree included on the STEM Designated Degree Program List
• Be employed by an employer enrolled in the E-Verify program
• Have received an initial grant of post-completion OPT employment authorization based on their STEM degree
• Have a paid job offer of at least 20 hours of work per week, which provides formal training and learning objectives directly related to the qualifying STEM degree

Students must also maintain their F-1 status and ensure their 12-month OPT information is up-to-date. They must request a STEM OPT I-20 from their academic institution and pay the $200 STEM Post-Completion Training fee. Additionally, they must complete Form I-983 with their employer, which includes details of the training plan for the student.

If a student's STEM OPT extension application is filed on time, and their OPT period expires while the extension is pending, their employment authorization will be automatically extended for 180 days. This automatic extension ceases once the USCIS adjudicates the STEM OPT extension application.

It is important to note that working in the US without authorization can lead to serious consequences, including removal from the country. Therefore, students should ensure they carefully follow the guidelines and regulations for the STEM OPT extension program.

USCIS and DSO

International students on an F-1 visa are permitted to enter the United States as full-time students at an accredited college, university, school, or other academic institutions. F-1 students are not allowed to work off-campus during their first academic year, but they may accept on-campus employment, provided they meet certain conditions and restrictions.

F-1 students can work on-campus part-time (up to 20 hours per week) when school is in session and full-time when it is not. This employment may be with the school itself or with independent companies serving the school's needs, such as the school bookstore or cafeteria suppliers.

After the first academic year, F-1 students may engage in off-campus employment, but it must be authorized by the Designated School Official (DSO) and U.S. Citizenship and Immigration Services (USCIS). The DSO is the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS). The DSO must recommend the F-1 student for off-campus employment by endorsing their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," and entering their recommendation into the SEVIS. The student must then submit Form I-765, "Application for Employment Authorization," along with the required fee and supporting documentation to USCIS. USCIS will only authorize off-campus employment in cases of severe economic hardship, unforeseen circumstances beyond the student's control, or insufficient on-campus employment opportunities.

The off-campus employment authorization is valid for one year or until the completion of the program, whichever comes first. If the job continues beyond this period, the student must apply for continued employment authorization at least six months before the authorization expires.

It is important to note that F-1 students should not plan to rely on off-campus employment to fund their studies and living expenses. They must demonstrate their ability to afford these costs before entering the United States.

Frequently asked questions