Working In The Us: International Students' Legal Rights

International students in the United States on F-1 visas are subject to strict rules regarding employment. While on-campus employment is the most freely available, students must meet eligibility requirements and obtain authorization for off-campus work. Students must also prove their financial ability to pay for tuition and living expenses before arriving in the US, and employment opportunities are limited. Students must maintain their F-1 status and comply with federal laws and regulations when seeking employment. This includes obtaining an Employment Authorization Document (EAD) and, in some cases, a Social Security Number.

On-campus employment

International students in the United States on an F-1 visa are permitted to work on-campus, provided they are enrolled full-time at an accredited academic institution. This includes colleges, universities, academic high schools, and elementary schools. F-1 students must demonstrate sufficient funds to cover tuition and living expenses before arriving in the US, and any employment is subject to strict regulations.

F-1 students can work up to 20 hours per week during the school term and up to 40 hours per week when classes are not in session. They can hold multiple on-campus jobs, but the combined hours must not exceed 20 per week during term time. Students can begin working up to 30 days before the start of their program, but they must inform the Designated School Official (DSO) before starting work.

To apply for on-campus employment, students must first speak to their DSO to ensure they are eligible. If approved, the DSO will provide a letter of approval, which is required to apply for a Social Security Number (SSN). All students who wish to work must obtain an SSN.

After the first academic year, F-1 students may be eligible for off-campus employment, including Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT provides practical experience related to the student's major and can include internships, cooperative education jobs, or practicums. OPT allows students to work in areas related to their major for up to one year before or after graduation.

Off-campus employment

International students on an F-1 visa are permitted to work off-campus, but only under specific circumstances. Firstly, students must have maintained their F-1 status for at least one full academic year (9 months) prior to applying for off-campus employment. Secondly, students must be experiencing severe economic hardship caused by unforeseen circumstances beyond their control, and on-campus employment must be insufficient or unavailable. Emergent circumstances, such as natural disasters, wars, and financial crises, can also cause severe economic hardship.

To apply for off-campus employment, students must first explain their economic hardship situation and receive approval from their Designated School Official (DSO). The DSO will then provide an updated Form I-20, "Certificate of Eligibility for Nonimmigrant Status". Students must then file a Form I-765, "Application for Employment Authorization", with U.S. Citizenship and Immigration Services (USCIS) within 30 days of receiving their recommendation. If approved, USCIS will send a Form I-766, "Employment Authorization Document" (EAD), which will specify the dates the student is permitted to work off-campus. This authorization is valid for one year after issuance or until the completion of the student's program, whichever comes first.

Curricular Practical Training (CPT)

International students on an F-1 visa are allowed to work in the United States, but their employment opportunities are limited. Before coming to the United States, F-1 students must prove they have the financial ability to pay for tuition and living expenses. They must also be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and their school must be authorized by the U.S. government to accept foreign students.

One way for F-1 students to gain work experience in the United States is through Curricular Practical Training (CPT). CPT is a type of employment authorization that allows students to gain practical experience in their field of study. To be eligible for CPT, students must have a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," which is issued by the Designated School Official (DSO). The DSO must authorize CPT, either on a part-time or full-time basis, in accordance with the school's policies.

Students must also complete a Form I-765, "Application for Employment Authorization," and pay the associated fee. The CPT authorization must be granted before the start date of the training, and students cannot legally work before this authorization is in place. Additionally, when school is in session, CPT students must maintain a full course of study.

To apply for CPT, students must provide the name and address of the company or organization where the training will take place. They must also explain how the training is an integral part of their established curriculum. This explanation is highly recommended but not mandatory. Students with multiple CPT authorizations may appear on the DSO's student list more than once.

Severe Economic Hardship Employment

International students on F-1 visas in the United States are usually not permitted to work 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 may engage in three types of off-campus employment, including Severe Economic Hardship Employment.

• Loss of financial aid or on-campus employment (if the student is not at fault)
• Substantial fluctuations in the value of currency or exchange rate
• Inordinate increases in tuition and/or living costs
• Unexpected changes in the financial condition of the student's source of support, such as medical bills or other substantial unexpected expenses

To apply for Severe Economic Hardship Employment, F-1 students must follow these steps:

• Consult with their Designated School Official (DSO): Before initiating any employment, F-1 students must first discuss their intention to work with their DSO. The DSO will guide students on the process and requirements for obtaining authorization.
• Document Financial Hardship: Students must provide evidence that on-campus employment opportunities are insufficient or unavailable to meet their financial needs. This may involve meeting with an advisor to discuss their financial situation and requesting a Severe Economic Hardship I-20 through their international student services office.
• Prepare Required Documents: The application process typically requires a range of documents, including:

• A completed and signed Severe Economic Hardship Request Form
• A personal statement or letter describing the unforeseen hardship and its causes, such as news articles, letters from family, or proof of currency devaluation
• Form I-765, Application for Employment Authorization, with the appropriate fee
• A copy of the F-1 visa page or I-797 (if applicable)
• Unofficial transcripts
• Two recent passport-style photographs

• Submit the Application: Compile the required documents and submit the application package to the U.S. Citizenship and Immigration Services (USCIS). The application should be sent to USCIS only after receiving the recommendation and updated I-20 from the DSO or international student advisor.
• Await USCIS Decision: USCIS will review the application and make a decision. If approved, USCIS will issue an Employment Authorization Document (EAD). The authorization is typically granted in one-year intervals until the expected date of completion of studies. If the application is denied, USCIS will provide written notification.

It is important to note that F-1 students must not begin working off-campus until they have received approval from USCIS and have a valid EAD. Working without authorization can result in severe consequences, including termination of the student's SEVIS record and immediate departure from the United States.

Employment with a recognized international organization

International students in the United States on F1 visas are allowed to work but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Services (USCIS). The final category of employment for international students in the U.S. on F1 visas is employment with a "recognized international organization".

To qualify for employment with a recognized international organization, a student must meet the following criteria:

• The student must have been in valid F1 status for at least one full academic year.
• The student must be in good academic standing.
• The employment must be within the scope of the organization's sponsorship and within the student's field of study.
• The student must have a written offer for an internship position offered by and within the scope of a recognized international organization as per 59 Stat. 669, International Organization Immunities Act, see 22 USC 288 for the list of organizations. Such organizations include the Red Cross, the World Health Organization, the World Trade Organization, the International Monetary Fund, the World Bank, and the Organization of American States.

Applying for International Organization employment authorization is a two-step process. First, the student must obtain an International Center recommendation in the form of a new I-20. Then, they must apply to USCIS by filing Form I-765 for an Employment Authorization Document (EAD) along with a check or U.S. money order for $520 made out to the U.S. Department of Homeland Security. The USCIS processing time for the I-765 application may be 3-4 months. If approved by USCIS, the student will receive an EAD card granting them permission to work at the International Organization.

Students may work up to 20 hours a week while school is in session per federal immigration regulations, but they may not start the employment until they have received the EAD and the start date indicated on the EAD has been reached. They must stop employment by the EAD expiration date or by the date they finish their studies, whichever is earlier. Time spent working for an international organization does not count against the student's 12 months of optional practical training.

Frequently asked questions