Lana Oconnell
International students in the US are often faced with the question of whether to pursue contract work or full-time employment. While contract work offers freedom and higher pay, it comes with less job security and complex visa requirements. On the other hand, full-time employment provides job security, consistent pay, and is generally more straightforward regarding visa compliance. International students on F-1 visas have the option of Curricular Practical Training (CPT) and Optional Practical Training (OPT), allowing them to gain practical work experience related to their field of study. OPT, a direct benefit of the F-1 visa, provides 12 months of full-time work authorization, with STEM students eligible for 24-month extensions. H-1B visas, sponsored by employers, offer another pathway for international students to work in the US, but they are subject to annual quotas. Ultimately, the decision between contract work and full-time employment depends on the student's preferences, visa status, and long-term career goals.
| Characteristics | Values |
|---|---|
| Student visa type | F-1 or J-1 |
| Work authorization | Curricular Practical Training (CPT) or Optional Practical Training (OPT) |
| Work duration | OPT allows for 12 months of work |
| Work type | CPT allows practical training in the academic field; OPT allows work related to the major field of study |
| Work location | On-campus or off-campus |
| Work hours | F-1 students can work up to 20 hours per week while school is in session, and full-time during annual vacations |
| Work visa | H-1B |
| Visa sponsor | Nonprofit research organizations, nonprofit higher education institutions, or employers |
| Visa duration | 3 years, with a possible 3-year extension |
| Visa quota | 65,000 visas per year, with 20,000 additional visas for US advanced degree holders |
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What You'll Learn
F-1 visa holders can work on-campus
On-campus employment is defined as work that takes place at the school or an educationally affiliated location. This includes work performed directly for the school, such as in a school bookstore or cafeteria, as well as work for companies that contract with the school to provide direct services to students. For example, if the school contracts with a food service company, an F-1 student can work for that company at the school facilities but not at any off-campus locations. It is important to note that F-1 students cannot work for companies that do not have a contract with the school, even if the work is physically located on school property.
F-1 students must also report their on-campus work to the school and receive a certification letter to present to the Social Security Administration to obtain a Social Security number. They may begin working up to 30 days before the start of their program of study, and they should inform the Designated School Official (DSO) before they begin. Additionally, if an F-1 student finishes one program and starts another at the same campus, they may continue their on-campus employment as long as they plan to enroll in the new program for the next term.
While on-campus employment is a great option for F-1 visa holders, it is important to note that opportunities may be limited, and students may need to obtain permission from the International Student Office before accepting any on-campus jobs.
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F-1 visa holders can work off-campus
Curricular Practical Training (CPT) is an off-campus employment option for F-1 visa holders when the practical training is an integral part of their established curriculum or academic program. CPT must be directly related to the student's major area of study. For example, if a student's course of study includes a cooperative education or internship program, they may take on off-campus employment that aligns with their curriculum.
Optional Practical Training (OPT) is another option for F-1 visa holders to work off-campus. OPT is available both during and after the completion of their degree. To be eligible for OPT, students must be enrolled for at least nine months and receive their Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) before starting employment. OPT can be extended for up to 29 months for students studying certain degree programs, allowing them to apply for an H1B visa.
F-1 visa holders may also seek off-campus employment due to severe economic hardship. To qualify, students must demonstrate that on-campus employment is unavailable or insufficient to meet their financial needs due to unforeseen circumstances beyond their control. This could include situations such as the loss of financial aid, substantial changes in exchange rates, unexpected medical bills, or other unexpected expenses. Students must submit an application for a work permit and provide evidence of their financial hardship.
It is important to note that all off-campus employment for F-1 visa holders must be authorized by the Designated School Official (DSO) and related to their area of study. Additionally, F-1 students can only work on-campus for up to 20 hours a week while school is in session and up to full-time during school vacations.
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H-1B visa requirements
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor's degree or equivalent in a specific field. The H-1B visa is valid for three years, with a possible three-year extension. There is a quota of 65,000 H-1B visas issued each fiscal year, with an additional 20,000 visas available for applicants with a US master's or doctoral degree.
To qualify for an H-1B visa, both the job position and the foreign worker must meet specific criteria. The job offered must qualify as a "specialty occupation", requiring a deep understanding of complex concepts and the ability to implement that knowledge to solve real-world problems. This typically means the applicant must hold at least a bachelor's degree or equivalent in a subject directly connected to the role.
The employer must also file a Labor Condition Application (LCA) with the US Department of Labor, certifying that the H-1B worker will be paid the prevailing wage or the actual wage paid to other employees with similar experience and qualifications, whichever is higher. The employer must also certify that the H-1B worker's employment will not adversely affect the working conditions of US workers in similar roles.
Additionally, the H-1B visa is employer-sponsored, which means that the employer is responsible for submitting the petition to the US Citizenship and Immigration Services (USCIS). The earliest an H-1B application can be submitted is six months before the selected H-1B start date. An approved petition is required to apply for a work visa.
Some H-1B petitions are exempt from the annual cap. These include petitions for employees of institutions of higher education, non-profit research organizations, or governmental research organizations. If the number of H-1B registrations exceeds the annual cap, a lottery is conducted to randomly select registrations permitted to proceed.
It is important to note that contract work is not allowed on an H-1B visa. The same employer-employee relationship standards apply as for the STEM OPT extension of the F-1 visa. The employer becomes the sponsor for the H-1B visa and must comply with strict criteria.
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Curricular Practical Training (CPT)
During the fall and winter terms, students must be enrolled full-time or have approved Reduced Course Load (RCL). CPT authorization is only required when the training takes place inside the United States. For example, a summer internship in a student's home country does not need CPT authorization. Students with CPT authorization must maintain a full course of study even when CPT is authorized. CPT authorization can be cancelled by a DSO before the CPT start date, and the DSO can edit the authorization to shorten the CPT end date after it has started.
Students seeking CPT must take the CPT Certification Course and save their certificate as a PDF. They should then discuss their CPT plans in detail with their academic or faculty advisor and obtain a Detailed Training Description. If the advisor believes the training is integral to the curriculum, they may recommend CPT by completing the Academic/Faculty Advisor Recommendation Form. Students must then gather all required documents and submit their CPT application through the designated portal.
Full-time CPT is defined as employment for more than 20 hours per week, and 12 months or more of full-time CPT will eliminate eligibility for Optional Practical Training (OPT). Students must be enrolled full-time during the fall and winter CPT, with full-time enrollment defined as 12 credit hours for undergraduate students, 8 credit hours for graduate students, and 6 credit hours for Graduate Student Instructors and Graduate Student Research Assistants. CPT authorization is strongly recommended for all unpaid internships, and F-1 students can work under "practical training" provisions in the law.
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Optional Practical Training (OPT)
Students can file for OPT up to 90 days before the program end date and no later than 60 days after the program end date. The employment authorisation will begin on the date requested or the date the employment authorisation is approved, whichever is later. The OPT application process involves several steps and players, and any F-1 OPT request in "Requested" status longer than 180 days is automatically canceled by SEVIS.
During 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. If a student has received one year of full-time pre-completion OPT, they will not be entitled to any period of post-completion OPT employment authorisation. For post-completion OPT, students must work a minimum of 20 hours per week, either part-time or full-time. Volunteering and unpaid internships can be considered employment for the initial 12-month period of post-completion OPT, as long as they comply with federal and state labour laws.
Students with degrees in certain Science, Technology, Engineering, and Mathematics (STEM) fields may apply for a 24-month extension of their post-completion OPT if they meet certain requirements, including being employed by an employer enrolled in the government's E-Verify program. The STEM OPT extension must be filed before the expiration of the initial OPT period, and students who file on time will have their work authorisation automatically extended for up to 180 days while their extension application is pending.
It is important to note that OPT is not the same as an H-1B visa, which is a separate status issued by USCIS for foreign individuals to work legally in the US. The H-1B visa has its own set of requirements and limitations, and it is generally more challenging to undertake contract work on the STEM OPT extension due to restrictions placed on employers by USCIS.
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Frequently asked questions
Contract work is a series of short-term jobs with the same or varying employers.
It is difficult for international students to work on contract in the US due to visa regulations. Only those with a Green Card or the 12-month initial OPT extension of the F-1 student visa can undertake contract work.
The F-1 student visa is the most common type of student visa. It allows international students to work in the US within certain limits. F-1 students can work under "practical training" provisions in the law, which includes internships and employment.
Employers must confirm an international student's work authorization before they start working. All employees must complete the I-9 process at the start of their employment. International students do not require visa sponsorships to participate in US internships. The only paperwork required to hire an international student is a Job Offer Letter.
Contract work allows employees to choose work according to their preferences. They are also offered comprehensive benefits like Medical Insurance, Life Insurance, disability Insurance, and retirement plans.
