Lori Meadows
International students can take up internships in the US, but they need to ensure they have the proper authorization to do so. The type of authorization required depends on the nature of the internship and the student's visa status. F-1 students, for example, are eligible to intern off-campus after two full academic semesters, while those on a J-1 exchange visa have different eligibility criteria. Students should consult their Designated School Official (DSO) for guidance on the necessary authorizations and to ensure they maintain their student status. Additionally, international students should be aware of the rules surrounding unpaid internships, as engaging in an unpaid internship that should be paid under the Department of Labor (DOL) rules can result in a violation of immigration status and potential deportation.
| Characteristics | Values |
|---|---|
| Can international students take a semester off for an internship? | Yes, but it depends on their visa status and whether they have authorization. |
| Who can international students contact for guidance? | Designated School Official (DSO), School's Career Services Department, International Student Services Office, MPOWER Financing's Path2Success career support services. |
| What type of internships can international students take part in? | Paid internships, unpaid internships (if they meet DOL rules regarding "volunteer work"), Curricular Practical Training (CPT), F-1 Optional Practical Training (OPT), Academic Training. |
| What are the risks of unpaid internships for international students? | If the internship should have been paid employment, the student will have violated their immigration status and may risk deportation. |
| Are there any special circumstances that allow international students to work off-campus? | In cases of emergent circumstances, such as natural disasters or financial crises, F-1 students may be authorized to work off-campus. |
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What You'll Learn
F-1 visa holders can work off-campus after two academic semesters
International students in the US on an F-1 visa are allowed to enter the country as full-time students at an accredited college, university, academic high school, or other academic institutions. F-1 students are also allowed to work on-campus, but only after they have been enrolled for one academic year and have maintained good academic standing.
To work off-campus, F-1 visa holders must obtain authorization from the US Citizenship and Immigration Services (USCIS). The student must file a Form I-765, "Application for Employment Authorization," and pay a fee to USCIS. If the application is approved, the student will receive a Form I-766, "Employment Authorization Document," (EAD) and can then begin working off-campus.
It is important to note that F-1 visa holders must also obtain authorization to intern or train during the summer. This authorization can be granted by a Designated School Official (DSO) as either Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT is a full-time or part-time training opportunity that must be an integral part of the student's major field of study. OPT is available to F-1 students in Science, Technology, Engineering, and Mathematics (STEM) fields and allows them to work off-campus during and after the completion of their degree.
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CPT and OPT authorization is required for internships
CPT and OPT authorization are required for internships, and there are several steps that international students must take to obtain this authorization. CPT stands for Curricular Practical Training, and it is a temporary work authorization for international students on F-1 visas. OPT stands for Optional Practical Training, and it is a temporary work authorization for F-1 students from accredited colleges or universities to gain practical work experience related to their field of study.
CPT authorization is required for internships that take place inside the United States. CPT can be authorized by a Designated School Official (DSO) and must be part of the student's academic program and integral to their major field of study. The duration of a CPT internship is determined by the employer and academic program, and there is no limit to how much CPT a student can use. However, 12 months of full-time CPT makes a student ineligible for OPT before or after graduation.
OPT, on the other hand, can be used before and/or after graduation. OPT must relate to the student's major or course of study, and students can apply for 12 months of OPT at each education level. To obtain OPT authorization, students must file a Form I-765, "Application for Employment Authorization," with U.S. Citizenship and Immigration Services (USCIS) and pay a filing fee. USCIS will send an Employment Authorization Document (EAD) upon approving the application, and students must wait to start work until they receive this document.
It is important to note that CPT and OPT are not interchangeable, and the process for obtaining authorization for internships as an international student can be complex. International students should reach out to their DSO for guidance on the specific steps they need to take to obtain the proper authorization for their internships.
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Unpaid internships may not require work authorization
International students in the United States are typically in F-1 or J-1 status, which means they may require work authorization for internships, even if they are unpaid. However, if the internship is classified as "volunteer work" under Department of Labor (DOL) rules, international students can undertake it without work authorization. The DOL uses a six-factor test to determine whether an internship is unpaid volunteer work or employment. The six factors are:
- The training is similar to that which would be given in a vocational school.
- The employer does not derive immediate advantage from the trainees' activities and their operations may occasionally be impeded.
- The trainees are not necessarily entitled to a job at the completion of the training period.
If an internship is classified as employment, international students will require work authorization, such as F-1 OPT or CPT, or J-1 Academic Training. CPT is the most common form of work authorization for international students on F-1 visas who wish to pursue internships during their studies. It is only available to currently enrolled students who are still working towards fulfilling degree requirements. Students must usually satisfy a one academic year waiting period before becoming eligible for CPT.
To ensure compliance with regulations, international students should consult their Designated School Official (DSO) for guidance on the appropriate authorization and rules to follow to maintain their student status.
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On-campus employment is different from off-campus employment
International students on an F-1 visa are allowed to work on-campus and do not need approval from United States Citizenship and Immigration Services (USCIS). However, they must obtain permission from their school's International Student Office, and some schools may not permit on-campus employment for international students during their first year or semester. On-campus employment is limited to work that takes place at the school or an educationally affiliated off-campus location, such as a company that contracts with the school to provide services to students. Examples of on-campus employment include working in a bookstore or cafeteria, or becoming a teaching assistant. While international students can work full-time during holidays and vacations, they must intend to return to school the next academic semester.
In contrast, off-campus employment for F-1 students is generally not permitted during the first academic year. After the first year, F-1 students may engage in off-campus employment in specific situations, such as severe economic hardship or special student relief. Off-campus employment must be related to the student's area of study and must be authorized by the Designated School Official and USCIS. An F-1 student may also be eligible to apply for post-completion optional practical training upon graduation or continue on-campus employment if they start another program of study at the same campus.
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Emergent circumstances can affect off-campus employment eligibility
International students in the United States on an F-1 visa are permitted to undertake internships, but they must first obtain work authorization. Curricular Practical Training (CPT) is a type of authorization that allows international students to participate in internships during the school year or annual summer vacation. CPT must be authorized by a Designated School Official (DSO) and must be integral to the student's major field of study.
Now, emergent circumstances can affect off-campus employment eligibility for F-1 students. In such cases, the Secretary of Homeland Security may suspend certain regulatory requirements, including those related to off-campus employment. This is known as Special Student Relief (SSR). To be eligible for SSR, students must demonstrate that new, unexpected circumstances beyond their control have resulted in severe economic hardship. This could include the loss of financial aid or on-campus employment, provided the student is not at fault.
The process for requesting SSR involves the following steps:
- The student must have remained enrolled for at least one academic year, be in status, and in good academic standing.
- The student must demonstrate that on-campus employment is unavailable or insufficient to meet their financial needs.
- The DSO must recommend the student for off-campus employment by endorsing their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status."
- The student must then file Form I-765, "Application for Employment Authorization," with U.S. Citizenship and Immigration Services (USCIS) within 30 days, along with the endorsed Form I-20.
- USCIS will review the application and make a case-by-case decision on authorizing off-campus employment.
It is important to note that off-campus employment recommendations during SSR cannot exceed one year and are subject to the specific circumstances outlined in the Federal Register notice. Additionally, DSO has the authority to cancel their recommendation for off-campus employment if the student's circumstances change.
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Frequently asked questions
International students can take time off for an internship, but they must first obtain work authorization. This can be done through CPT or OPT, and the internship must be authorized by a DSO.
CPT stands for Curricular Practical Training. It is a full-time or part-time training opportunity that can be authorized by a DSO, but it must be part of the academic program and be integral to the student's major field of study.
OPT stands for Optional Practical Training. It is a type of work authorization that allows international students to work off-campus after graduation.
Unpaid internships may violate immigration status and risk deportation if the DOL or a court determines that the internship should have been paid employment. International students should ensure that their unpaid internships meet the DOL's strict criteria for volunteer work.
