Janice Lozano
International students who work illegally in the US face serious repercussions. The US government takes working illegally very seriously, and students found working without authorization are considered to have failed to maintain their F-1 student status. This can result in the loss of their F-1 visa, which may lead to their immediate removal from the country. Students with an F-1 visa are only authorized to work on their school campus for up to 20 hours per week when classes are in session and up to 40 hours per week when they are not. Off-campus employment is only permitted under specific circumstances, such as curricular practical training or optional practical training. To work off-campus, students must obtain official authorization and meet eligibility requirements.
| Characteristics | Values |
|---|---|
| Work authorization | F-1 students must obtain work authorization prior to starting employment. |
| On-campus employment | F-1 students are generally authorized to work on-campus for up to 20 hours per week during classes and up to 40 hours per week when classes are not in session. |
| Off-campus employment | F-1 students are not authorized to work off-campus without meeting eligibility requirements and obtaining official authorization. Off-campus employment must be related to their area of study and authorized by the Designated School Official (DSO) and USCIS. |
| Consequences of illegal work | Students found working illegally risk losing their F-1 status and may have their visa revoked. They may also have to leave the country immediately and may not be allowed to return. |
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What You'll Learn
- Losing F-1 status and facing immigration repercussions
- Being reported by the DSO and having your SEVIS record terminated
- Having to leave the US immediately and possibly not being allowed to return
- Working without permission on the campus of a previously attended university
- Working off-campus without special permission from DSO or USCIS
Losing F-1 status and facing immigration repercussions
International students in the US on an F-1 visa are permitted to work on their school campus without applying for a work permit card. However, they are limited to working a maximum of 20 hours per week during classes and up to 40 hours per week when classes are not in session. For off-campus work, F-1 students must seek special work permission from their Designated Student Officer (DSO) or US Citizenship and Immigration Services (USCIS).
If an F-1 student is found to be working illegally, they are required to apply for reinstatement to lawful F-1 status. They must stop working immediately but may continue their studies. They will not be eligible for any other F-1 benefits during this time, such as a Form 1-20 extension or work authorizations like CPT or OPT. Their DSO will assist them with their reinstatement application, which must be submitted within five months of the event that resulted in their employment violation. If reinstatement is denied, the student should consult an immigration attorney.
Students who lose their F-1 status due to unauthorized employment may have their SEVIS record terminated, meaning they will have to leave the US immediately and may not be allowed to return. This is because any unauthorized employment by a nonimmigrant is considered a failure to maintain status under immigration regulations.
To avoid losing F-1 status and facing immigration repercussions, it is crucial for international students to understand the regulations and only engage in authorized employment. They should also be aware of the subtle differences between F-1 employment violations and unauthorized or illegal employment, as the consequences differ drastically.
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Being reported by the DSO and having your SEVIS record terminated
If you are an international student in the United States, working without authorization is considered a violation of your F-1 status. This means that you are no longer maintaining proper nonimmigrant status as per immigration regulations. If you begin working without authorization and later receive it, the time you worked without permission is still considered illegal employment.
If you are found to be working without authorization, your DSO is required to report this action to SEVP in SEVIS by terminating your record. DSOs mostly terminate F-1/M-1 students and/or F-2/M-2 dependents who do not maintain their status. This is a serious matter as a terminated record in SEVIS could indicate that you no longer maintain F or M status.
Upon termination, you will lose all on- and/or off-campus employment authorization and will not be able to re-enter the United States on the terminated SEVIS record. Immigration and Customs Enforcement (ICE) agents may investigate to confirm your departure.
To correct this situation, you must create a new SEVIS record and pay the I-901 SEVIS fee again. You may also need to apply for reinstatement to lawful F-1 status. During this time, you must discontinue all work immediately but are encouraged to continue attending school. While waiting for reinstatement, you are ineligible to apply for any other F-1 benefits such as a Form 1-20 extension or either CPT or OPT work authorization. Your DSO will help you with your reinstatement application.
It is important to understand the differences between an F-1 employment violation and unauthorized or illegal employment, as the consequences can vary drastically. As an F-1 student, you are generally authorized to work on your school's campus as long as you are maintaining proper F-1 status by attending classes full-time and making good progress toward your degree. For work anywhere else, you will need to seek special work permission from either your DSO or U.S. Citizenship and Immigration Services (USCIS) and, in most cases, must wait until you have spent a year studying.
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Having to leave the US immediately and possibly not being allowed to return
The US government takes working illegally very seriously. International students in the US on F-1 visas have limited rights to work and accepting employment could result in losing their F-1 status and facing further consequences. Students found working illegally are failing to maintain their F-1 student status and risk having their F-1 visa revoked. If a student loses their F-1 status, they will have to leave the United States immediately, and may not be allowed to return.
F-1 students may not work off-campus during their first academic year. 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 economic hardship employment. CPT is a paid or unpaid internship, cooperative education job, practicum, or other experience related to the student's field of study. OPT is work authorization that allows students to work in areas related to their major for up to one year either before or after graduation. To be eligible for OPT, students must have been enrolled for at least one academic year and have active F-1 student status. To work off-campus, F-1 students must obtain an internship offer with an international organization and apply for an Employment Authorization Document with USCIS.
On-campus employment is also subject to certain conditions and restrictions. F-1 students can generally work on-campus for up to 20 hours per week during the academic year and up to 40 hours per week when classes are not in session. To work on-campus, F-1 students need a Social Security Number (SSN). A SSN is a 9-digit number issued to citizens and eligible non-citizens for taxation purposes.
If an F-1 student loses their status due to unauthorized employment, they must apply for reinstatement to lawful F-1 status. Until they are reinstated, they must discontinue all work immediately but may continue to attend school. Students are eligible to apply for reinstatement only within five months of the event that resulted in their employment violation. If their reinstatement application is denied, they should consult an immigration attorney to inquire about their options.
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Working without permission on the campus of a previously attended university
International students in the United States on an F-1 visa are permitted to work on campus, provided the work is directly providing services to students. This includes work in on-campus commercial businesses such as bookstores or cafeterias. However, construction work on campus, for example, does not qualify as on-campus employment. F-1 students are authorized to work up to 20 hours per week during the school session and up to 40 hours per week when school is not in session or during the annual vacation.
Students with an F-1 visa are not authorized to work off-campus without meeting eligibility requirements and obtaining official authorization. Working off-campus without special permission from a Designated Student Officer (DSO) or USCIS constitutes unauthorized or illegal employment and can result in serious repercussions. Students found working illegally fail to maintain their F-1 status and risk losing their F-1 visa.
In the case of working without permission on the campus of a previously attended university, this is also considered unauthorized employment. If a student violates their F-1 status, they must apply for reinstatement to lawful F-1 status. During the waiting period, the student must discontinue all work but may continue to attend school. The student is not eligible for any other F-1 benefits during this time.
The U.S. government occasionally makes exceptions to work requirements for students from countries experiencing disasters or civil strife. Students from these countries may be allowed to reduce their course load and apply for off-campus employment even if they have been in school for less than a year.
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Working off-campus without special permission from DSO or USCIS
International students enrolled full-time and in valid F-1 status can generally work on-campus for up to 20 hours per week when classes are in session and up to 40 hours per week when classes are not in session. However, the United States has strict rules for international students who want to work off-campus during their studies. Students in valid F-1 status cannot be employed off-campus without meeting eligibility requirements and obtaining official authorization.
If you are working off-campus without special permission from your Designated School Official (DSO) or the United States Citizenship and Immigration Services (USCIS), you are engaging in unauthorized or illegal employment. Your DSO is the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS) and is normally your main source of guidance regarding the use of your F-1 visa. If your DSO knows you are working without permission, they are required to report this action through SEVIS, meaning your SEVIS record will be terminated. That means that you will have to leave the United States immediately, and you may not be allowed to return.
If you violate your status by committing an authorized employment violation, you are required to apply for reinstatement to lawful F-1 status. Until you are reinstated, you must discontinue all work immediately but may continue to attend school. While waiting for reinstatement, you are not eligible to apply for any other F-1 benefit, such as a Form 1-20 extension or either CPT or OPT work authorization. Your DSO will help you with your reinstatement application. You are eligible to apply for reinstatement only within five months of the event that resulted in your employment violation. If you do not apply for reinstatement within five months, or if USCIS denies your reinstatement application, consult an immigration attorney to inquire about your options.
If USCIS approves you to work off-campus, they will send you a Form I-766, "Employment Authorization Document" (EAD), with the dates that you may work. Please note that you cannot begin to work while the Form I-765 is pending with USCIS. As with on-campus employment, you must also apply for a Social Security Number (SSN) to get a job off-campus.
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Frequently asked questions
Working illegally for international students is when they work without obtaining the necessary authorization. International students on an F-1 visa are authorized to work only on their school's campus for up to 20 hours per week when school is in session and up to 40 hours per week when it is not. Off-campus employment is only allowed in certain circumstances, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT).
If international students are found working illegally, they fail to maintain their F-1 student status and risk having their F-1 visa revoked. They may have to leave the country immediately and might not be allowed to return. They will also need to file an application for reinstatement to regain proper F-1 status, or they will accrue unlawful presence in the country.
The consequences of working illegally for international students can be severe. They may face serious immigration repercussions and lose their legal status in the country. Reinstatement to F-1 status may not be an option, and they could be barred from future visa applications.
International students can contact their Designated School Official (DSO) at their school for guidance on maintaining their F-1 visa and working legally. If their status is at risk or they no longer have access to their DSO, they may want to consider speaking to an immigration attorney.
