International Student Job Hunting: Understanding Legal Requirements

what are the laws for international student for jobs

International students who wish to work during their studies in the United States must navigate a complex set of laws and regulations. The type of work they can undertake depends on their visa type, their course of study, and their academic progress. F-1 visa holders, for example, can work on-campus for up to 20 hours per week during the school session, and up to 40 hours per week when school is not in session. Off-campus employment for F-1 students is more restricted, and must be related to their field of study and authorized by the Designated School Official. M-1 visa holders, on the other hand, include students in vocational or non-academic programs, and allow for different employment conditions. Understanding these laws is critical for international students, as working illegally can result in serious consequences, including the loss of their student visa and status.

Laws for International Students Seeking Jobs

Characteristics Values
Visa type F-1, M-1
Visa requirements Enrolled in an academic, language-training, or vocational program; proficient in English; sufficient funds for self-support; maintaining a residence abroad
On-campus employment Allowed for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session; must not displace a U.S. citizen or lawful permanent resident
Off-campus employment F-1 students cannot work off-campus during the first academic year; after the first year, they may engage in Curricular Practical Training (CPT) and Optional Practical Training (OPT)
CPT requirements Must be an integral part of the degree program or a requirement for a course; must have a job offer in the student's major or field of study; requires authorization from the school's Designated School Official (DSO) and SEVIS
OPT requirements Employment must be "directly related" to the student's major; does not require a job offer but must apply for authorization; valid for up to 12 months full-time
Social Security Number (SSN) Required for both on-campus and off-campus employment; obtained after receiving a letter of approval from DSO

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On-campus jobs

International students in the US with an F1 visa are allowed to work on campus for up to 20 hours per week during the school term time and up to 40 hours per week during holidays, summer vacation and other periods when school is not in session.

To apply for an on-campus job, students should first check their college's online job board, if they have one, or a physical job board in a central location on campus. Students can also try going to different places they might like to work and asking if they are hiring.

Students must be enrolled in an academic program full-time to qualify for on-campus jobs and they must obtain permission from the International Student Office before accepting any on-campus employment. Students may also need to provide a Social Security Number (SSN) to work on campus, and they must report their work to the Social Security Administration to receive this.

On-campus employment must be for the school or a company that contracts with the school to serve students directly. For example, a food service company or a school bookstore. However, an F-1 student cannot work for a company that does not contract with the school, even if the work is located on school property.

International students should be eligible for all on-campus jobs unless the job specifically states otherwise. However, they do not qualify for federal financial aid and so cannot apply for federal work-study jobs.

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Off-campus jobs

International students in the United States on an F-1 visa have strict regulations regarding their ability to work off-campus. F-1 students are not permitted to work off-campus during their first academic year and must meet eligibility requirements and obtain official authorization before engaging in off-campus work. Students found working illegally risk losing their F-1 status and having their visa revoked.

There are four main categories of off-campus employment for F-1 students: Curricular Practical Training (CPT), Optional Practical Training (OPT), Severe Economic Hardship Employment, and STEM OPT Extension. CPT refers to employment that provides training in the student's field of study and fulfills academic credit or degree requirements. CPT can include internships, cooperative education jobs, practicums, or other experiences related to the student's field of study. OPT allows students to work in areas related to their major for up to one year before or after graduation, and it requires prior authorization from USCIS and the school's International Student Office. Severe Economic Hardship Employment is available to students who have completed at least one academic year and can demonstrate financial hardship beyond their control. STEM OPT Extension allows F-1 students to work off-campus in Science, Technology, Engineering, and Mathematics fields on a case-by-case basis due to special situations.

To ensure compliance with regulations, F-1 students should consult with their Designated School Official (DSO) or International Student Counselor before accepting any off-campus employment. The DSO will verify that the employment meets the necessary criteria and update the student's record accordingly. Additionally, students must obtain a Social Security number by presenting certification letters from the DSO and employer to the Social Security Administration.

It is important to note that off-campus employment for F-1 students is generally limited to 20 hours per week during the academic year and up to 40 hours per week during breaks and summer vacation. Students must also be enrolled full-time and maintain satisfactory academic progress to remain eligible for off-campus work.

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F-1 visa rules

The F-1 Visa is a nonimmigrant visa for academic students who want to study in the United States. It allows students to enter the US as full-time students at accredited academic institutions, including colleges, universities, high schools, and elementary schools. To be eligible for an F-1 visa, students must be enrolled in an academic program, language-training program, or vocational program that culminates in a degree, diploma, or certificate. Their school must be authorized by the US government to accept foreign students, and they must be enrolled as full-time students. Additionally, F-1 visa students must be proficient in English or be enrolled in courses to achieve English proficiency, have sufficient funds for self-support during their studies, and maintain a residence abroad with no intention of giving up.

F-1 visa students have specific rules and guidelines regarding employment. On-campus employment is the most common option for F-1 students, and it does not require USCIS approval. F-1 students can work up to 20 hours per week during the school session and full-time during annual vacations or when school is not in session. Qualifying on-campus jobs cannot displace US citizens or lawful permanent residents (LPRs). F-1 students must report their on-campus employment and obtain a certification letter to present to the Social Security Administration to receive a Social Security number. Non-compliance with these guidelines may result in the student having to leave the United States.

F-1 students can also seek off-campus employment, but only after their first academic year. Off-campus employment must be directly related to their area of study and must be authorized by the Designated School Official (DSO) and USCIS. There are three types of off-campus employment options for F-1 students: Curricular Practical Training (CPT), Optional Practical Training (OPT), and STEM Optional Practical Training Extension (OPT). CPT allows students to engage in paid internships, cooperative education, or other practical training that is an integral part of their degree program curriculum. OPT is available for students who have received a degree in science, technology, engineering, or mathematics and allows them to work off-campus. The STEM OPT extension provides an additional 17 months of OPT, totaling 29 months, for students in certain degree programs.

It is important to note that F-1 students cannot work for companies that do not have a contractual affiliation with their school, even if the job site is on campus. For example, they cannot work for a construction company building a school facility. However, they can work for contractually affiliated companies, such as a school bookstore or cafeteria, as these provide direct services to students. Additionally, F-1 students can start working up to 30 days before the start of their program of study, and they can continue working on campus if they transition to another program at the same campus.

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Social Security numbers

International students can apply for a Social Security Number (SSN) in the US, but they must have a job or a job offer first. Even part-time, on-campus work makes an international student eligible to apply for an SSN. However, simply having an SSN does not grant legal authorization to work in the US.

To apply for an SSN, international students must go in person to their local Social Security Administration office with the necessary documents. These include a valid passport, and depending on the student's situation, one of the following:

  • I-20 (for F-1 or M-1 students)
  • DS-2019 (for J-1 or J-2 exchange visitors)
  • I-551 Lawful Permanent Resident Card
  • Machine Readable Immigrant Visa

F-1 students must also provide evidence of lawful F-1 employment, such as an on-campus job or authorization for Curricular Practical Training (CPT) or Optional Practical Training (OPT). J-1 students are required to show evidence of employment and must be in valid J-1 status and be registered for a full course of study. They should also obtain a Social Security letter from their sponsor if they are under the sponsorship of an external organization.

The Social Security Administration will mail the student their number and card once all their immigration information has been verified. This can take 2-4 weeks or more. Students can start working without an SSN, but they must apply and obtain one within 90 days of starting their job.

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CPT and OPT

Curricular Practical Training (CPT) and Optional Practical Training (OPT) are two programs that allow international students to gain practical work experience in the United States. While CPT involves internships or training required by a student's major to graduate, OPT lets students work in their chosen field before or after graduating.

CPT

CPT is an 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 authorization is only required when the training is inside the United States. Students can only take part in CPT if the work opportunity is required by their academic program, and their employer will have an agreement with their school. CPT can be completed on a part-time or full-time basis, but students who work full-time for 12 months or more on CPT will lose their eligibility for OPT. CPT does not require students to apply for employment authorization, and there are no additional fees outside of student visa requirements and tuition.

OPT

OPT is a benefit authorized by U.S. Citizenship and Immigration Services (USCIS) that extends the F-1 student status, allowing students to work in the US to gain practical training in their major field of study. To be eligible for OPT, students must have been full-time students for at least one year and seek employment directly related to their major field of study. OPT can be completed before or after graduation, and students can apply for 12 months of OPT at each education level. However, OPT requires students to apply for employment authorization through USCIS and pay a fee of US$410. The OPT application process can take 90 days or longer, so students should apply as early as possible.

Frequently asked questions

International students can take on-campus jobs, such as library assistant or teaching assistant, and off-campus jobs, such as retail sales associate or food service worker.

International students enrolled full-time and in valid F-1 status can generally work on-campus for up to 20 hours per week during the academic year and up to 40 hours per week during breaks. To work off-campus, students must meet eligibility requirements and obtain official authorization.

International students in Canada can work up to 24 hours per week off-campus and full-time during breaks. Working more than 24 hours per week is a violation of the student visa and may result in losing student status.

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