Savanna Hoffman
Students with an F-1 visa are allowed to enter the United States as full-time students at accredited academic institutions. While F-1 students are prohibited from working off-campus during their first academic year, they may be eligible for on-campus employment. After the first year, they may be able to engage in off-campus employment, including internships, under certain conditions. To do so, they must obtain authorization, which may be granted based on factors such as economic hardship or internships with recognized international organizations. CPT (Curricular Practical Training) is another option for F-1 students to gain practical training experience during their studies, but it must be related to their major field of study and adhere to federal regulations.
| Characteristics | Values |
|---|---|
| Can F-1 visa students work as contractors? | F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first academic year, F-1 students may engage in three types of off-campus employment, including economic hardship employment, practical training employment, and international organization employment. |
| What is the process of obtaining authorization for off-campus employment? | To obtain authorization for off-campus employment, F-1 students must first obtain an internship offer with an international organization and then work with their Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS. The DSO will certify the student's eligibility and enter their recommendation into the Student and Exchange Visitor Information System (SEVIS). |
| Are there any restrictions on the type of off-campus employment F-1 visa students can engage in? | Yes, F-1 visa students cannot work as interns within the United States if they are border commuter students. They can only engage in curricular practical training or post-completion optional practical training. |
| Are there any restrictions on the duration of off-campus employment for F-1 visa students? | Yes, the off-campus employment authorization for F-1 visa students ends one year after issuance or upon completion of the program, whichever comes first. |
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What You'll Learn
Curricular Practical Training (CPT)
To be eligible for CPT, students must have a job offer at the time of application and must maintain full-time enrollment during the fall and winter CPT periods. CPT is only available prior to the completion of a degree program and cannot delay its completion.
The process of applying for CPT depends on the international center of the school, and most schools will post the instructions on their website. CPT can be issued by the school, but it must abide by federal regulations. A Designated School Official (DSO) can authorize CPT for an F-1 student enrolled at a Student and Exchange Visitor Program (SEVP)-certified college, university, conservatory, or seminary. The DSO must enter their recommendation into the Student and Exchange Visitor Information System (SEVIS) and provide the student with Form I-20, which certifies their F-1 student status. Students must then apply for work authorization by filing Form I-765 with USCIS and paying a filing fee.
It is important to note that CPT authorization is only required when the training takes place inside the United States. Additionally, 12 months or more of full-time CPT will eliminate eligibility for Optional Practical Training (OPT).
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On-campus employment
F-1 visa students are allowed to work, but there are strict guidelines and restrictions in place. During the first academic year, F-1 visa students are only eligible for on-campus employment. This can include work for an on-campus commercial business, such as a bookstore or cafeteria, as long as the work directly provides services for students.
To ensure eligibility for on-campus employment, F-1 visa students must adhere to several rules and regulations. They must maintain valid F-1 status, not displace a US student or lawful permanent resident, and report their work to receive a certification letter to present to the Social Security Administration. Students may also be required to obtain permission from their school's International Student Office before accepting on-campus employment, and they may not permit work during the first semester or year.
F-1 visa students who are unable to find on-campus employment or who are facing severe economic hardship may be eligible for off-campus employment. However, this is subject to certain conditions and restrictions, and students must first complete their first academic year.
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Off-campus employment
On-campus employment is the most freely available option for F1 students, and it does not require USCIS approval. However, off-campus employment is possible under certain circumstances. Firstly, F1 students must show an ability to afford the costs of school and living expenses before entering the United States and should not plan to work off-campus. However, if an F1 student experiences severe economic hardship, they may apply for authorization to work full-time off-campus during summer vacation. This is defined as a financial condition caused by unforeseen circumstances beyond the student's control, such as the loss of financial aid, substantial changes in exchange rates, unexpected increases in tuition or living costs, or changes in the financial state of the student's source of support.
F1 students can also engage in off-campus employment through Curricular Practical Training (CPT), which 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." CPT must be authorized by the school's International Student Office and notified to USCIS, and it must be an integral part of the student's degree program or a requirement for a course for which academic credit is received. CPT can be full-time or part-time during the school year or annual summer vacation, but it must be related to the student's major field of study.
Another option for off-campus employment is through an internship with an international organization. To qualify, the internship must be in the United States and with a public international organization that falls within the International Organization Immunities Act. The student must first obtain an internship offer and then work with their Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS.
It is important to note that working without authorization is a serious violation of F1 status, and students should always verify their eligibility to work and ensure they have the proper authorization before accepting any employment.
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Emergent circumstances
When such emergent circumstances occur, F-1 students may be eligible for Special Student Relief, which involves the suspension of specific regulatory requirements. This relief can apply to on-campus employment, off-campus employment, duration of status, and full course of study.
The United States Citizenship and Immigration Services (USCIS) makes case-by-case decisions for off-campus employment authorization for F-1 students who can demonstrate that new, unexpected circumstances beyond their control have resulted in severe economic hardship. For instance, the loss of financial aid or on-campus employment through no fault of the student.
To be eligible for off-campus employment authorization under emergent circumstances, F-1 students must have maintained their status, remained enrolled for at least one academic year, and be in good academic standing.
It is important to note that the off-campus employment authorization for F-1 students typically ends one year after issuance or upon completion of the program, whichever comes first.
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International Organization Immunities Act
To answer your first question, F-1 students can undertake internships, but these require authorization if the internship is a paid position. Unpaid internships can be authorized as practical training experiences. CPT (curricular practical training) is a full-time or part-time training opportunity that can be authorized by a DSO (designated school official) but must be part of your academic program and integral to your major field of study. CPT is issued by your school, abiding by federal regulations. CPT employment is usually limited to six months full-time, with no limit for employment under 20 hours per week. CPT does not influence the total time of OPT (the legal time to work after graduation) unless the internship exceeds 12 months.
Now, onto the International Organization Immunities Act (IOIA). This is a United States federal law enacted on December 29, 1945, by the 79th United States Congress. The Act established a group of foreign and international organizations whose members could work in the US and enjoy exemptions from certain taxes and search and seizure laws. These privileges are usually granted to diplomatic bodies and foreign governments. The IOIA was passed to strengthen the international organizations that the US collaborates with, allowing them to perform more effectively.
The Act provides international organizations and their employees with certain benefits, including exemption from property taxes, internal-revenue taxes, communication taxes, and taxes on the transportation of persons or property. Property and assets belonging to these organizations or their employees cannot be searched or confiscated, and legal action cannot be brought against them. These privileges are also extended to the immediate family members of employees and officers.
The President of the United States has the authority to withhold or withdraw privileges, exemptions, and immunities from any organization or its employees, and can revoke the designation of an international organization if necessary. The Secretary of State has the power to determine if an employee's presence is no longer "desirable" and can have them deported.
In 2019, the United States Supreme Court ruled that the IOIA did not grant international organizations absolute immunity, and they could be sued under federal law for their commercial activities.
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Frequently asked questions
Students with an F1 visa can intern, but the process depends on the student's school policy and whether they have authorization. Students can apply for CPT (curricular practical training) as long as the internship is related to their major field of study. CPT is issued by the school and must abide by federal regulations.
CPT is a full-time or part-time training opportunity available during the school year or annual summer vacation. CPT won't influence the total time of OPT (the legal time to work after graduation) unless the internship exceeds 12 months.
Students must first obtain an internship offer and then work with their Designated School Official (DSO) to apply for an Employment Authorization Document with USCIS. The DSO will then certify the student's eligibility and enter their recommendation into the Student and Exchange Visitor Information System (SEVIS).
