Douglas Olsen
International students in the US on an F1 visa are permitted to work off-campus in optional practical training (OPT) status during and after their degree. However, to do so, they must first obtain an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Service (USCIS). The EAD card will be valid for one or two years, depending on the student's immigration category. To apply for an EAD, students must submit Form I-765, pay a fee, and provide several other documents, including photos. The application process can take up to three months, and students cannot begin working until they have received their EAD card.
| Characteristics | Values |
|---|---|
| Who needs an EAD card? | F-1 and M-1 nonimmigrant students |
| When to apply for an EAD card | 90 days to six months before the expiration of the current EAD |
| When can F-1 students seek off-campus employment? | After the first academic year |
| When can M-1 students seek employment? | After completing their course of study |
| How long can M-1 students work for? | Maximum of six months of practical training |
| When can F-1 students start working? | After receiving the EAD card |
| When can students in F-1 nonimmigrant status participating in OPT start working? | On the date indicated on the EAD |
| How long can F-1 students in OPT work per week while school is in session? | 20 hours |
| How long can F-1 students in OPT work during their annual vacation? | Full-time |
| How long is the OPT for F-1 students? | Up to 12 months |
| Can F-1 students extend their OPT? | Yes |
| What happens if USCIS does not approve or deny Form I-765 within 90 days of receiving the application? | The F-1 student may apply for interim employment authorization |
| Can F-1 students work off-campus after transferring schools? | Yes, but they must apply at the transfer-in school |
| Can F-1 students work off-campus if there are emergent circumstances? | Yes, if they can show that new, unexpected circumstances beyond their control have created severe economic hardship |
| What happens if an F-1 student's EAD is lost, stolen or destroyed? | They may request a replacement EAD by filing a new Form I-765 and paying a fee, if required |
| Can F-1 students leave the country after completing their degree but before receiving their EAD? | Yes, but they may not be readmitted |
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What You'll Learn
International students with F-1 status
On-Campus Employment: F-1 students are generally permitted to work on the campus of their university without an EAD. This includes part-time jobs, such as research or teaching assistant positions, as well as full-time jobs during holidays and vacation periods, provided that the student intends to register for the next academic term. On-campus employment must not exceed 20 hours per week while school is in session.
Curricular Practical Training (CPT): CPT allows F-1 students to gain off-campus work experience that is integral to their degree program. This could include internships, cooperative education programs, or other types of employment that are directly related to the student's major field of study. To be eligible for CPT, the student must have been enrolled full-time for at least one academic year, and the CPT must be a required or integral part of the curriculum. The main distinction between CPT and other types of off-campus work authorization is that CPT must be authorized by the student's Designated School Official (DSO) and listed on their Form I-20.
Optional Practical Training (OPT): OPT provides F-1 students with an opportunity to work in a position directly related to their field of study for up to 12 months. Students can apply for pre-completion OPT, which allows them to work part-time while school is in session, or post-completion OPT, which allows them to work full-time after they have graduated. To be eligible for OPT, students must have been enrolled full-time for at least one academic year and must receive authorization from United States Citizenship and Immigration Services (USCIS). The application process for OPT involves submitting Form I-765, and it typically takes USCIS around 3-5 months to process the request and issue an EAD card.
Severe Economic Hardship: In certain cases, F-1 students facing severe economic hardship due to unforeseen circumstances beyond their control may be authorized to work off-campus without an EAD. This could include situations such as a significant currency devaluation, loss of financial aid or sponsorship, or unexpected changes in the financial condition of the student's source of support. To apply for off-campus work authorization due to severe economic hardship, students must submit Form I-765 and provide documentation demonstrating their need.
It's important to remember that F-1 students are not permitted to work off-campus without prior authorization, except in specific situations as outlined above. Unauthorized employment is a serious violation of their immigration status and can lead to severe consequences, including deportation and a bar from re-entering the United States. Always consult with your DSO or an experienced immigration attorney if you have any questions or concerns about your work authorization as an international student.
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Employment Authorization Document (EAD)
International students who want to work in the United States need to follow certain rules and prepare in advance. One of the key steps is obtaining an Employment Authorization Document (EAD), which is a form of temporary work authorization granted to non-citizens in the US. The EAD is issued by the US Citizenship and Immigration Services (USCIS) and serves as proof of authorization to work. It is important to note that an EAD is not required for all international students, as work authorization may be included in certain visas.
The EAD is officially known as Form I-766 and is issued in the form of a standard credit card-sized plastic card with multiple security features. The card includes basic information about the holder, such as their name, birth date, sex, immigrant category, country of birth, photograph, immigrant registration number ("A-Number"), card number, and dates of validity. Any limitations or restrictions on employment will also be noted on the card.
To obtain an EAD, international students typically need to submit Form I-765, "Application for Employment Authorization," to the USCIS. This form may require a filing fee, although fee waivers are available for those who qualify. The USCIS generally takes around 1.9 months to process Form I-765, and approval results in the issuance of the EAD. It is recommended to start the process early and apply for the EAD up to 90 days before the desired start date of employment.
Once an international student has received their EAD, they can present it to employers as proof of their authorization to work in the US. The EAD also serves as identification and can be used for Form I-9, Employment Eligibility Verification, purposes. It is important to carry the EAD when travelling internationally and to ensure that it remains valid, as work authorization is tied to the EAD's validity period.
In summary, the Employment Authorization Document (EAD) is a crucial component of work authorization for international students in the United States. By following the appropriate steps and maintaining valid status, international students can seek employment opportunities during their studies.
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Practical training programs
International students in the US on F-1 visas have several practical training programs that allow them to gain work experience. These include Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT is a type of off-campus employment authorization where the work must be related to the student's program of study and must be completed before graduation. CPT can be full-time, and students can work a minimum of 40 hours a week. To qualify for CPT, F-1 students must have completed one full academic year of study, unless they are graduate students whose program requires immediate CPT.
OPT provides a practical training experience that directly relates to an F-1 student's major area of study. F-1 students participating in OPT must obtain an EAD from USCIS before they are authorized to work. While still in school, a student authorized for OPT may work up to 20 hours per week while school is in session and full-time during the student's annual vacation or other times when school is not in session. After finishing a course of study, F-1 students can be authorized for up to 12 months of OPT, with some students eligible for an extension.
Students in M-1 nonimmigrant status may only accept employment as part of a practical training program after they complete their course of study. They can work for a maximum of six months of practical training and must receive an EAD to begin working.
To apply for practical training programs, students must submit Form I-765, "Application for Employment Authorization," to USCIS and pay a fee. If approved, the student will receive an EAD, which authorizes them to work in the US. Students should start the application process early and keep copies of all their documents.
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On-campus employment
International students in the US on an F1 visa are allowed to work on-campus without an Employment Authorization Document (EAD) card. However, they must be authorized by a Designated School Official (DSO) for on-campus employment. The DSO must recommend the F-1 student for on-campus employment on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20).
F-1 students are expected to demonstrate their ability to afford school and living expenses before entering the US and should not plan to work off-campus. However, there are exceptions to this rule. For instance, if an F-1 student can prove that they are facing severe economic hardship, they may be authorized to work off-campus. To do so, they must file Form I-765, "Application for Employment Authorization," and pay a fee to the US Citizenship and Immigration Services (USCIS). If their application is approved, they will receive an EAD card, which allows them to work off-campus.
It is important to note that F-1 students with an EAD card can work on or off-campus without restrictions. However, if they are working based on their student status, they cannot work for more than 20 hours per week off-campus.
The process of obtaining an EAD card can take up to three months, and students must maintain their F-1 status and good academic standing throughout the process. Additionally, students should be mindful of travel regulations when leaving and re-entering the country with an EAD card.
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Off-campus employment
International students in the US with an F1 visa are permitted to work off-campus in Optional Practical Training (OPT) status both during and after the completion of their degree. However, this requires prior authorization from the United States Citizenship and Immigration Service (USCIS) and the student's school's International Student Office.
To obtain authorization for off-campus employment, F-1 students must file a Form I-765, "Application for Employment Authorization," and pay a fee to USCIS. The student should file within 30 days of the day the Designated School Official (DSO) endorses the Form I-20. If USCIS approves the application, the student will receive a Form I-766, "Employment Authorization Document," (EAD) from USCIS and can begin working. Approval for off-campus employment is valid for one year, after which the student must reapply if they wish to continue working off-campus.
It is important to note that 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:
- Off-campus employment due to severe economic hardship
- Off-campus employment due to special student relief
- Science, Technology, Engineering, and Mathematics (STEM) OPT Extension
For students facing severe economic hardship, USCIS will authorize off-campus employment only in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year. Emergent circumstances, such as natural disasters, wars, and international financial crises, may also lead to off-campus employment authorization.
Additionally, F-1 students participating in OPT must obtain an EAD from USCIS before they are authorized to work. While still in school, a student authorized for OPT may work up to 20 hours per week while school is in session and full-time during the student's annual vacation or when school is not in session. After completing their studies, F-1 students may be authorized for up to 12 months of OPT, with some students being eligible for an extension.
In summary, while international students with an F1 visa in the US can work off-campus, they must follow specific procedures and obtain the necessary authorizations, such as the EAD, to ensure compliance with the regulations.
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Frequently asked questions
No, international students must obtain an Employment Authorization Document (EAD) from USCIS before they can start working.
An EAD card, or Employment Authorization Document, establishes the identity and employment authorization of the holder. It is issued by USCIS and allows international students to work in the US.
To obtain an EAD card, international students must apply for employment authorization by submitting Form I-765, "Application for Employment Authorization", to USCIS. The application must be filed within 30 days of the DSO endorsing Form I-20. The student will also have to pay a fee.
It can take up to 3 months to receive an EAD card. USCIS takes up to 90 days to process the application, after which the card is mailed to the applicant.
