Janice Lozano
Working for the federal government in the United States typically requires US citizenship, but there are some exceptions. Certain agencies are exempt from these restrictions, and non-US citizens can be hired into the excepted service or Senior Executive Service if allowed by the annual Appropriations Act, immigration law, and the agency's internal policies. F-1 visa holders, who are nonimmigrant academic students, have limited work opportunities and must prove they have the financial ability to pay for tuition and living expenses. They may be eligible for on-campus employment and, after their first academic year, certain types of off-campus employment, but they must receive approval from their Designated School Official (DSO) and ensure compliance with federal laws and regulations. M-1 visa holders, who are nonimmigrant vocational students, may engage in practical training after completing their studies if it is related to their area of study and authorized by their DSO. While some international students have worked for state governments, visa sponsorship can be a challenge, and specific fields may have restrictions.
| Characteristics | Values |
|---|---|
| Visa type | F-1 Visa (Academic Student) |
| Visa requirements | Enrolled in a program or course of study that culminates in a degree, diploma, or certificate at an accredited academic institution; the institution must be authorized by the U.S. government to accept foreign students |
| On-campus employment | Allowed without prior USCIS approval; limited opportunities; may not be relied on to prove financial resources for the year; may not be related to the student's studies; may require permission from the International Student Office |
| Off-campus employment | May be allowed after the first academic year with prior approval from USCIS and the Designated School Official (DSO); must be related to the student's area of study; may be limited to 20 hours per week when school is in session |
| Optional Practical Training (OPT) | Allowed for F-1 students in certain STEM fields after being enrolled for at least 9 months; provides an additional 24 months of work authorization for a total of 36 months of OPT; requires prior authorization from USCIS and the school's International Student Office |
| Curricular Practical Training (CPT) | Allowed for F-1 students after one year of full-time study; provides practical training in the student's academic field; may be full-time or part-time depending on the institution's CPT policy; does not affect eligibility for OPT if part-time |
| Social Security Number | Required for F-1 students to work in the U.S.; must be obtained separately from work authorization |
| Visa sponsorship | State government agencies are typically unwilling to sponsor visas; private companies may offer H1B visas but with potential complications for salary growth and switching employers |
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What You'll Learn
F-1 visa holders can work on-campus
International students with an F-1 visa are allowed to work on-campus in the United States, but there are several conditions and restrictions.
Firstly, on-campus employment must not displace a US citizen or lawful permanent resident (LPR). F-1 visa holders can work a maximum of 20 hours per week while school is in session and full-time during breaks and annual vacation. To obtain a Social Security number, students must report their work and receive a certification letter.
On-campus employment includes work performed directly for the school, including work affiliated with a grant or assistantship. It also includes work for on-location commercial firms that provide services for students on campus, such as a school bookstore or cafeteria. However, work for on-site commercial firms that do not provide direct student services, such as a construction company, is not considered on-campus employment.
F-1 visa holders can also work at an off-campus location that is educationally affiliated with the school, associated with the school's curriculum, or related to contractually funded research projects at the postgraduate level.
Approval for off-campus employment is valid for one year, after which students must re-apply. F-1 students must receive approval from USCIS before beginning off-campus employment and ensure that their work is related to their area of study.
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Off-campus work is possible after the first academic year
International students in the US on an F-1 visa are permitted to work off-campus after completing their first academic year. However, there are several conditions and restrictions that must be adhered to. Firstly, off-campus employment must be related to the student's area of study. Secondly, it must be authorized by the Designated School Official (DSO) and USCIS prior to commencing any work. The DSO is the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS).
To apply for off-campus employment, students must first receive a recommendation from their DSO and then file a Form I-765, "Application for Employment Authorization," along with a fee to USCIS. If approved, the student will receive a Form I-766, "Employment Authorization Document" (EAD), which allows them to begin working off-campus. It is important to note that approval for off-campus employment is typically granted for one year, and students must re-apply if they wish to continue working off-campus after that period.
While on-campus employment does not require USCIS approval, off-campus work must be authorized by USCIS. Additionally, students must be enrolled for at least one year before becoming eligible for off-campus employment. Students should also be mindful that they cannot work more than 20 hours per week when school is in session, regardless of whether they are working on-campus or off-campus.
It is crucial for international students to understand the complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS) regarding employment. While off-campus work is possible after the first academic year, students must carefully navigate the application process and adhere to the specified work hours to maintain compliance with their visa requirements.
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On-campus work is limited to 20 hours per week
International students in the US on an F1 visa 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 Service (USCIS).
On-campus work is the category most freely permitted by USCIS regulations, and it does not require USCIS approval. However, F1 students are subject to several rules regarding on-campus employment. One such rule is that on-campus work is limited to 20 hours per week when school is in session. This limit is in place to ensure that students' primary focus remains on their studies. During breaks and annual vacation, F-1 students may work more than 20 hours per week on campus, and they can even work full-time, provided they intend to register for the next academic semester.
To be eligible for on-campus work, F-1 students must be in Active status and have completed one full academic year at an accredited academic institution. The work must take place at the school or be educationally affiliated. Students must also demonstrate financial need and show that working will not adversely impact their ability to attend school full-time and maintain their academic standing.
Before beginning on-campus employment, F-1 students should consult with their Designated School Official (DSO) to ensure they meet all the requirements and that their SEVIS record is up to date. The DSO will help determine if the position qualifies as on-campus employment and ensure the student understands the guidelines for on-campus work. While a Social Security Number (SSN) is required for F-1 students to work, it is not sufficient proof of work authorization, and employers must confirm an international student's work authorization before the start date.
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International students must have permission to work
International students in the US on an F1 visa are permitted to work, but they must obtain prior authorization. The F-1 Visa is for academic students who are enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The student's school must be authorized by the US government to accept foreign students. F-1 students may not work off-campus during their first academic year, but they may accept on-campus employment, provided they have permission from their Designated School Official (DSO) and that the work is related to their area of study.
After the first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT): F-1 students can accept practical training in their academic field after one year of full-time study. This includes internship programs, and students can choose to work full or part-time.
- Optional Practical Training (OPT): F-1 students can receive work authorization for training related to their studies. This can be during or after the completion of their degree, and all OPT employment requires prior authorization from USCIS and the school's International Student Office.
- Science, Technology, Engineering, and Mathematics (STEM) OPT Extension: F-1 students who have graduated with an approved STEM degree can gain extra practical work experience related to their field. This allows for an additional 24 months of OPT, for a total of 36 months.
It is important to note that F-1 students must receive approval from USCIS before beginning off-campus employment. Additionally, they must adhere to the 20-hour workweek limit when school is in session, and they cannot work more than 20 hours per week without authorization from the Secretary of DHS.
While it is possible for international students to work in the US, they must ensure they comply with all relevant visa regulations and obtain the necessary authorizations.
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Some federal agencies can hire non-US citizens
International students in the US on an F-1 visa are permitted to work off-campus in optional practical training (OPT) status both during and after the completion of their degree. However, this is subject to certain conditions and restrictions. For instance, 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 three types of off-campus employment, including Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).
To work off-campus, F-1 students must receive approval from the United States Citizenship and Immigration Service (USCIS) and their school's International Student Office. They can 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. F-1 students must also demonstrate their financial need for off-campus employment and ensure that working will not adversely impact their ability to attend school full-time.
While most international students in the US hold F-1 visas, some hold J-1 visas. F-1 visa holders are considered non-immigrants and are generally not permitted to work off-campus during their first academic year. However, there are exceptions for certain types of employment, such as practical training related to their studies. Curricular Practical Training (CPT) is another form of work authorization that allows F-1 students to gain practical training in their academic field after one year of full-time study.
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Frequently asked questions
Generally, to work for the federal government in the US, you must be a US citizen or national. However, there are some exceptions. For instance, international students with an F-1 visa can work on-campus for up to 20 hours per week, and after their first academic year, they may engage in off-campus employment under certain conditions.
To be eligible for off-campus employment, F-1 students must have completed at least one full academic year and demonstrate economic hardship or emergent circumstances that affect their source of support.
International students must first discuss their intention to work with their Designated School Official (DSO), who will determine if their situation qualifies and provide an updated Form I-20. Students must then file Form I-765 with USCIS within 30 days of receiving the recommendation.
If an F-1 student's work authorization expires while working off-campus, they cannot continue working while awaiting a new authorization. To avoid this situation, students should submit a new Form I-765 between 90 days and six months before the expiration of their current authorization.
Agencies like the FDA and USDA have been known to bring in foreign nationals for collaborative research projects through the J-1 exchange program. Additionally, some students have reported internships with national labs that fall under the federal government.
