Internship Hours: International Students' Rights And Opportunities

International students in the United States on an F-1 visa have several options for internships and practical training. Curricular Practical Training (CPT) is a form of off-campus employment that trains students in their field of study and can be in the form of a paid or unpaid internship. CPT must be authorized by the school's International Student Office and requires notification to the U.S. Citizenship and Immigration Service (USCIS). Students can only be approved for part-time CPT (20 hours per week or less) while in school, but there is no limit to how long they can work. After graduation, F-1 students can apply for Optional Practical Training (OPT) to work in their field of study for up to one year. OPT work must be full-time, defined as 40 hours per week, and must be completed within 14 months after graduation.

Can an international student have more than 40 hours of internship?

On-campus employment

International students in the United States can work on-campus for up to 20 hours per week while school is in session and up to 40 hours per week during school breaks. On-campus employment is defined as work that takes place at the school location or an educationally affiliated off-campus location. For example, a student may work at an on-campus commercial business, like a bookstore or cafeteria, as long as the work directly provides services for students.

There are several types of on-campus employment available to international students. The first is Curricular Practical Training (CPT), which is a full-time or part-time training opportunity available during the school year or annual summer vacation. CPT must be authorized by a Designated School Official (DSO) and must be part of the academic program and integral to the student's major field of study. CPT can include internships, cooperative education, or practicums that are offered by sponsoring employers through cooperative agreements with the school. Students can get paid for CPT employment, but it must be authorized by the school's International Student Office and the U.S. Citizenship and Immigration Service (USCIS).

Another option for on-campus employment is through organizations like HTIR Work-Study, which connect students with schools that offer work-study programs. These programs allow international students to help cover the costs of their education while gaining valuable work experience.

Additionally, international students can work on-campus in various roles such as food service and bookstore positions, night desk attendants, or learning centre tutors. These positions are typically part-time and may have specific application processes and requirements, such as applying during a certain semester or having relevant qualifications or experience.

It is important to note that F-1 students must show an ability to afford the costs of school and living expenses before entering the United States and should not plan to work off-campus. Off-campus employment is only authorized in cases of severe economic hardship or emergent circumstances as defined by the Department of Homeland Security (DHS).

Off-campus employment

International students in the United States on an F-1 visa have several options for off-campus employment. However, they must comply with federal laws and regulations and obtain authorization to work legally. Here is a detailed guide to off-campus employment for F-1 international students:

Curricular Practical Training (CPT):

CPT is a form of off-campus employment where students gain practical experience in their field of study. It can include paid or unpaid internships, cooperative education jobs, or other experiences related to their major. CPT must be an integral part of the student's academic program or fulfil a degree requirement, and students must receive academic credit for it. To qualify for CPT, students must have been enrolled full-time for at least one academic year and have valid F-1 status. Prior authorization from the school's International Student Office and notification to the U.S. Citizenship and Immigration Service (USCIS) are required. CPT authorization specifies whether the student is approved for part-time (20 hours per week or less) or full-time employment. While CPT has no time limit, working full-time for 12 months or more will make the student ineligible for Optional Practical Training (OPT).

Optional Practical Training (OPT):

OPT is a type of work authorization that allows students to work in areas related to their major for up to one year before or after graduation. To be eligible, students must have been enrolled full-time for at least one academic year and have active F-1 status. Post-completion OPT applications must be submitted to USCIS up to 90 days before graduation, but it is recommended to apply at least 45 days in advance. OPT employment must be full-time (40 hours/week) and completed within 14 months of graduation. Students on OPT should be mindful of travel regulations, as leaving the country before receiving their Employment Authorization Document (EAD) and obtaining a job may result in readmission issues.

Severe Economic Hardship:

F-1 students experiencing severe economic hardship may apply for off-campus employment authorization from USCIS. This option is available if new, unexpected circumstances beyond the student's control have created financial difficulties. Examples include the loss of financial aid or on-campus employment, provided the student is not at fault. To qualify, students must have been enrolled for at least one academic year, be in good academic standing, and maintain their F-1 status.

Employment with Recognized International Organizations:

F-1 students can also seek off-campus employment with recognized international organizations within the scope of their sponsorship and the student's field of study. To qualify, students must have been in valid F-1 status for at least one full academic year and be in good academic standing. After meeting these requirements, students can apply for an Employment Authorization Document (EAD) from USCIS. Employment can only begin after receiving the EAD, which may take up to three months. Unlike CPT, this type of employment does not need to be for academic credit or required for the degree program.

Curricular Practical Training (CPT)

To be eligible for CPT, students must be enrolled at SEVP-certified colleges, universities, seminaries, or conservatories. CPT can be authorized by a DSO on a part-time or full-time basis, in accordance with school policies. Students must maintain a full course of study even when CPT is authorized.

The process of obtaining CPT authorization involves completing the CPT Employment page, which includes providing the employer's name and address, the training start and end dates, and indicating whether the training is full-time or part-time. CPT authorization is only required when the training takes place inside the United States. For internships in the student's home country, CPT authorization is not necessary.

It is important to note that working without authorization in the United States is illegal, and students must ensure they follow the proper procedures to maintain their student status. DSOs play a crucial role in this process, as they can provide guidance and ensure the necessary paperwork is completed, such as Form I-20 and Form I-983.

Additionally, F-1 students experiencing economic hardship may apply for authorization to work full-time during summer vacation at an off-campus job. This authorization is determined by USCIS on a case-by-case basis, and students must demonstrate that unexpected circumstances beyond their control have led to severe economic hardship.

Optional Practical Training (OPT)

Pre-completion OPT is available to students who have been lawfully enrolled on a full-time basis for one full academic year at a college, university, conservatory, or seminary that has been certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. During the school year, students may work 20 hours or less per week, and full-time when school is not in session.

Post-completion OPT is available to students after they have completed their studies. If authorized for post-completion OPT, students must work at least 20 hours per week, either part-time or full-time. The initial post-completion period for which students can apply is 12 months, less any OPT time used pre-completion.

Students can file for OPT up to 90 days before the program end date on the Form I-20 and no later than 60 days after the program end date. The employment authorization will begin on the date requested or the date the employment authorization is approved, whichever is later. The employment authorization period for the 24-month STEM OPT extension begins the day after the expiration of the initial post-completion OPT employment authorization and ends 24 months later.

Students who have already received 1 year of full-time (40 hours per week) pre-completion OPT will not be entitled to any period of post-completion OPT employment authorization. If a student transfers to another school or begins studies at another educational level, their authorization to engage in OPT employment will automatically terminate, but their F-1 status will not be affected.

Emergent circumstances

International students in the US on an F-1 visa have strict rules regarding employment, with limitations on working off-campus. Emergent circumstances are one of the few reasons for granting work authorization for off-campus employment, along with economic hardship. Emergent circumstances are defined by the Department of Homeland Security (DHS) as world events that affect a specific group of F-1 students, causing them to suffer severe economic hardship. This includes natural disasters, wars, military conflicts, and national or international financial crises.

The process for seeking off-campus employment in emergent circumstances involves the following steps:

• A Designated School Official (DSO) must verify that the student qualifies for off-campus employment by entering the information into the Student and Exchange Visitor Information System (SEVIS).
• The DSO should first check if on-campus employment is available and recommend off-campus employment only if on-campus opportunities are insufficient to meet the student's financial needs.
• The student must demonstrate that the extra work is necessary due to the emergent circumstance affecting their source of support.
• The DSO should endorse the student's Form I-20 with a reference to the Federal Register notice announcing the emergency exception before allowing the student to work more than 20 hours a week.
• The student must then file Form I-765, "Application for Employment Authorization," with U.S. Citizenship and Immigration Services (USCIS).
• If approved, the student will receive Form I-766, "Employment Authorization Document," and a letter notifying them of the decision. Their SEVIS record will also automatically update to reflect the off-campus employment approval.

It is important to note that off-campus employment recommendations for emergent circumstances cannot exceed one year. Additionally, students must meet the eligibility criteria for off-campus employment, including maintaining valid F-1 status, demonstrating good academic standing, and ensuring that working will not adversely impact their ability to attend school full-time.

Unpaid internships are another option for international students, but they must comply with the U.S. Department of Labor (DOL) rules. If an internship qualifies as "unpaid" under DOL regulations, it does not require the student to have employment authorization. However, if the internship should be paid according to DOL rules, the student must obtain employment authorization, and the employer may be required to pay back wages to the intern.

Frequently asked questions