Savanna Hoffman
International students seeking employment in the United States must comply with federal laws and regulations. Generally, F-1 students are allowed to work on-campus, and after their first academic year, they may engage in off-campus employment under certain conditions. However, working illegally in the US can have serious consequences, including immediate termination and potential inability to return. While it is uncommon, there are some instances where international students have been able to work for the US federal government, particularly in the excepted service or Senior Executive Service.
Characteristics and Values of International Students Working for the Federal Government
| Characteristics | Values |
|---|---|
| Visa type | F-1, M-1 |
| Work type | On-campus, Off-campus |
| Work hours | Not more than 20 hours per week when school is in session; more than 20 hours per week during breaks and annual vacation |
| Work duration | One year; re-application required for extension |
| Work permission | Permission from Designated School Official (DSO) required |
| Work eligibility | Must be enrolled full-time, demonstrate English proficiency or be enrolled in English proficiency courses, have sufficient funds, and maintain a residence abroad |
| Visa sponsorship | Uncommon for state government agencies to sponsor visas |
| Citizenship requirement | Generally, U.S. citizenship is required for federal government employment, with limited exceptions |
| Immigration law | Subject to Executive Order 11935 and appropriations act restrictions |
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What You'll Learn
Visa requirements for international students
To study in the United States as an international student, you must obtain a student visa. The type of visa you need depends on the course of study and the type of school you plan to attend. The two most common types of student visas are F-1 and M-1.
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, including language training programs. To be eligible for an F-1 visa, you must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized by the U.S. government to accept foreign students. F-1 students may not work off-campus during the 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: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Science, Technology, Engineering, and Mathematics (STEM) OPT.
The M-1 Visa (Vocational Student) is for students in vocational or other non-academic programs, excluding language training. M-1 students may engage in practical training only after they have completed their studies, and any off-campus training or employment must be related to their area of study and authorized by a Designated School Official.
In addition to the F-1 and M-1 visas, there is also the J-1 exchange visitor visa, which is for foreign nationals participating in work-and-study-based exchange programs. Examples include visiting scholars, camp counselors, au pairs, and research assistants.
To obtain a student visa, you must first apply to a Student and Exchange Visitor Program (SEVP)-approved school in the United States. If accepted, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee. The school will issue you a Form I-20, which you must present during your visa interview at a U.S. Embassy or Consulate. Wait times for visa interviews vary by location, season, and visa category, so it is recommended to apply early. There is also a non-refundable visa application fee, and if your visa is approved, you may need to pay a visa issuance fee, depending on your nationality.
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On-campus employment
To apply for on-campus employment, students must first talk to their Designated School Official (DSO) to ensure that the position qualifies as on-campus employment. The DSO will then provide a letter of approval, which, along with a letter of approval from the employer, students must take to apply for a Social Security Number (SSN). All students who wish to work in the US must apply for an SSN.
F-1 visa students with on-campus employment may not work more than 20 hours per week when school is in session. However, they may exceed 20 hours of work per week during breaks and annual vacation. Additionally, F-1 visa students can work full-time on campus during holidays and vacation periods if they intend to register for the next academic semester.
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Off-campus employment
International students in the US on an F1 visa are allowed to work off-campus in optional practical training (OPT) status during and after completion of their degree. However, this is contingent on receiving authorisation from the school's International Student Office and the United States Citizenship and Immigration Service (USCIS). Students can apply for OPT after being enrolled for at least nine months, but they cannot commence employment until they receive their Employment Authorisation Document (EAD).
F-1 students may not work off-campus during their first academic year. After the first year, they may engage in three types of off-campus employment: Curricular Practical Training (CPT), off-campus employment due to economic hardship, and Science, Technology, Engineering, and Mathematics (STEM) OPT. CPT is defined as "alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school". To qualify, the work experience must be required for the degree, or academic credit must be awarded. CPT requires prior authorisation from the school's International Student Office and notification to the USCIS.
F-1 students may also be eligible for off-campus employment through the STEM OPT extension, which is available to those employed by companies enrolled in the E-Verify program and studying specific subjects.
In Canada, international students are allowed to work off-campus for up to 24 hours per week without a work permit, provided they meet certain requirements. They must be full-time students at a designated learning institution (DLI) and have a valid study permit or have applied to extend it before it expired. Students must also have received written confirmation of program completion from their current school and a letter of acceptance to a new full-time study program at a DLI, which they will start within 150 calendar days of completing their previous program. Additionally, they must ensure they meet the conditions outlined in their study permit and may need to apply for a Social Insurance Number (SIN) to work off-campus.
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Work eligibility for non-US citizens
To work for the US federal government, one must generally be a US citizen or national. However, there are some exceptions. For instance, 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. Agencies can also request approval to hire non-US citizens into the competitive service if no qualified US citizens are available. Each job announcement will specify whether a non-US citizen is eligible for the role.
International students with F-1 visas are allowed to work on-campus for a maximum of 20 hours per week when school is in session. This includes work at an off-campus location that is educationally affiliated with the school, such as another campus listed on the same Form I-17. To apply for on-campus employment, students must talk to their Designated School Official (DSO) and obtain a letter of approval, which, along with a letter of approval from their employer, must be presented when applying for a Social Security Number (SSN).
After their first academic year, F-1 students may also engage in certain types of off-campus employment. This includes Curricular Practical Training (CPT), which must be directly related to their major area of study and authorized by their DSO before starting work. Students facing economic hardship or other special situations may also be eligible for off-campus employment through the Optional Practical Training (OPT) program. Approval for off-campus employment is valid for one year, after which students must re-apply.
M-1 visa holders, on the other hand, may not work off-campus during their first academic year and can only engage in practical training after they have completed their studies.
It is important to note that working illegally in the US can have serious consequences, including immediate termination of the individual's SEVIS record and their removal from the country.
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Agencies exempt from restrictions
Generally, one must be a U.S. citizen or national to work for the federal government. However, some agencies are exempt from these restrictions. For instance, non-U.S. citizens can be hired into the excepted service or Senior Executive Service if allowed by the annual Appropriations Act, the Immigration Law, and the agency's internal policies.
The FDA, USDA, and some others are also part of the J-1 exchange program, which brings in foreign nationals for collaborative research projects. The F-1 visa is another option for international students seeking to work in the U.S. government, although it is restricted to certain positions.
Additionally, a non-U.S. citizen can be hired into the competitive service if no qualified U.S. citizen is available for the role. Each job announcement will specify whether the position is open to non-U.S. citizens. However, even if granted an exception, non-U.S. citizens are still subject to the requirements of Executive Order 11935 and appropriations act restrictions.
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Frequently asked questions
Generally, you must be a US citizen or national to work for the federal government, but there are some exceptions. Some agencies are exempt from these restrictions. For example, the FDA, USDA, and others are part of the J-1 exchange program and bring in foreign nationals for collaborative research projects. F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special situations.
International students must comply with certain federal laws and regulations when seeking employment in the US. Students must prove their financial ability to pay for tuition and living expenses while studying. They must also apply for a Social Security Number (SSN) and ensure that their Designated School Official (DSO) knows about their intention to work.
There are limited work opportunities for international students in the US, specifically those with an F-1 visa. On-campus employment is available for F-1 students, including working at a university bookstore or cafeteria. After their first academic year, F-1 students may engage in off-campus employment, including STEM Optional Practical Training Extension (OPT).
International students cannot work more than 20 hours per week when school is in session, and they must ensure that their work does not adversely impact their ability to attend school full-time and maintain academic standing. Additionally, F-1 students cannot begin working while Form I-765 is pending with USCIS.
