Lori Meadows
International students in the US on an F1 visa are required to apply for an Employment Authorization Document (EAD) if they want to work off-campus. The EAD card, also known as Form I-765, is proof that international students are authorized to work in the US. Students can apply for an EAD card after being enrolled for at least nine months, but they must have the card in hand before starting to work. The application process can take up to three months, and students must work closely with their school's International Student Office to submit the necessary forms and documents.
| Characteristics | Values |
|---|---|
| Form to be filled | I-765, also known as an Application for Employment Authorization |
| Who can apply? | International students in the US in valid F1 immigration status |
| When to apply? | After being enrolled for at least 9 months |
| Where to apply? | U.S. Citizenship and Immigration Services (USCIS) |
| Documents required | Several forms and documents are required, along with fees and photos |
| Processing time | Up to 3 months or 12 weeks |
| Renewal | Submit a new Form I-765 and filing fee |
| Replacement | File a new Form I-765 and filing fee |
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What You'll Learn
International students in F-1 status
Duration of Employment Authorization: The period for which an F-1 student is authorized to work is indicated on the EAD card issued by USCIS. The validity period of the EAD card varies depending on the type of employment authorization requested. For example, students engaged in optional practical training (OPT) may receive an EAD card valid for up to 12 months, with certain STEM degree holders eligible for a 24-month extension. Employment authorization for economic hardship or international student with a severe economic hardship due to unforeseen circumstances may be granted in increments of one year, with a maximum eligibility period of four years.
Eligibility Requirements: To be eligible for an EAD card, F-1 students must typically maintain valid F-1 status, be in good academic standing, and meet the specific requirements of the employment category they are applying under. For example, students on OPT must have completed their degree requirements and submit their application within certain time frames. Economic hardship requirements include demonstrating severe economic hardship and establishing that on-campus employment is insufficient to meet their financial needs.
Application Process: F-1 students can apply for an EAD card by submitting Form I-765 to USCIS, along with the required fees and supporting documentation. The application process may include providing evidence of their eligibility, such as a copy of their Form I-20, passport, and proof of their current F-1 status. Biometric information, such as fingerprints, may also be required as part of the background check process. It is important to carefully review the instructions on the USCIS website and gather all the necessary documents before submitting the application.
Processing Times: The processing time for Form I-765 can vary depending on several factors, including the volume of applications received by USCIS and the complexity of individual cases. Students can check the current processing times on the USCIS website to get an estimate. However, it is important to plan ahead and submit the application well in advance of the intended employment start date to avoid any delays or disruptions in their ability to work.
Employment Restrictions: F-1 students must adhere to specific employment restrictions while working with an EAD card. They are generally permitted to work only for the employer and within the time period authorized on their EAD card. Additionally, the employment must be related to their field of study for certain types of employment authorization, such as CPT and OPT. Students should carefully review the regulations and maintain valid status to avoid any violations that could impact their legal presence in the United States.
It is always recommended that F-1 students seek guidance from their designated school official (DSO) or an immigration attorney to ensure they understand their specific situation and can navigate the application process successfully. The rules and regulations surrounding employment authorization for international students can be complex, and individualized advice can help ensure compliance with all requirements.
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OPT application
International students who are interested in working in the United States can apply for Optional Practical Training (OPT). OPT is temporary employment that is directly related to an F-1 student's major area of study. Students can apply to receive up to 12 months of OPT employment authorization before or after completing their academic studies.
The OPT application process involves two major parts. Firstly, students must apply for an OPT recommendation on their Form I-20. This must be done within 30 days of receiving a DSO OPT recommendation. Secondly, students must submit an OPT application packet, including a signed copy of their OPT I-20, to the United States Citizenship and Immigration Services (USCIS). This application packet includes Form I-765, "Application for Employment Authorization". Students should carefully review the OPT tutorial provided by their educational institution for full details on applying for OPT.
After submitting the OPT application, students may receive a Request for Evidence (RFE) from USCIS if something in their application requires clarification. Students are required to respond to this request by the stated deadline. Once the application is approved, students will receive an I-797 Notice of Approval letter and an Employment Authorization Document (EAD) card at their mailing address. Students must have this EAD card in hand before starting work and cannot begin working until the date listed on the card. The EAD card is typically processed within 90 days, although processing times can range from one to five months.
Students should be aware that they must report certain changes to their DSO while on OPT, including legal name changes, address changes, and changes in employment. Additionally, students are expected to actively seek employment during the OPT authorization period, with a minimum of 20 hours of work per week. Failure to comply with OPT requirements can result in serious consequences, including removal from the country and re-entry bars.
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Employment eligibility
International students in the US on a valid F1 visa are permitted to work off-campus in Optional Practical Training (OPT) status both during and after completing their degree. However, all OPT employment requires prior authorisation from the US Citizenship and Immigration Services (USCIS) and the student's school International Students Office. Students can apply for OPT after being enrolled for at least nine months, but they cannot begin employment until they receive their Employment Authorization Document (EAD) from USCIS and have been enrolled for at least a year.
To apply for an EAD, students must submit Form I-765, "Application for Employment Authorisation", to the USCIS. The types of required evidence will vary depending on the student's situation. For example, F-1 students seeking off-campus employment due to financial difficulties will need to attach evidence such as documentation showing they have been an F-1 student for a full academic year and proof that a job will not interfere with their studies. Students can also apply for their Social Security Number (SSN) as part of their OPT application to USCIS, but they will not receive their SSN card until after their OPT is approved.
Once the USCIS approves Form I-765, the student will receive Form I-766, "Employment Authorisation Document" (EAD), in the mail. This serves as proof of authorisation to work in the US. The student must carry this EAD card with them if they travel internationally. They may not begin working until the date listed on their EAD and must stop working on the date when their employment authorisation ends. In most cases, the USCIS grants EADs for a one-year period. Students must not be unemployed for an aggregate of 90 days during the EAD period or they risk falling out of status.
If a student's EAD is lost, stolen, or destroyed, they may request a replacement EAD by filing a new Form I-765 and paying the filing fee (if required), unless a fee waiver is requested and approved. If the EAD contains incorrect information due to a USCIS error, the USCIS will make the appropriate correction at no additional cost to the student.
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Work authorisation
International students in the US on F1 visas are allowed to work off-campus in optional practical training (OPT) status both during and after their degree. However, they must first apply for an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Service (USCIS).
To apply for an EAD, students must submit Form I-765, "Application for Employment Authorization", to the USCIS. This can be done at the same time as a marriage visa or green card application. Students must also submit several other forms and documents, along with fees and photos. Processing times vary, but it can take up to 12 weeks or longer, and students cannot begin working until they receive their EAD card and the start date on the card has been reached.
Students in F-1 status can gain temporary work authorization after their degree program ends as part of the OPT program. During the OPT authorization period, students should be working or actively seeking employment, and there are limits to what jobs count as employment and the number of days they may remain unemployed. Students can apply for OPT after being enrolled for at least 9 months, but they cannot begin employment until they have been enrolled for at least a year.
Students with internships at qualified international organizations can apply for work authorization to complete the internship. Additionally, graduates in the J-1 "student" category may be eligible for a period of Academic Training employment authorization at the conclusion of their degree program. Academic Training applications are not processed through USCIS, and trainees do not receive an EAD card. Instead, they must receive written authorization from a Responsible Officer (RO) or Alternate Responsible Officer (ARO) in the international office at their university.
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Replacing an EAD card
International students are required to apply for an Employment Authorization Document (EAD) card when they intend to seek employment in the United States. The EAD card is a form of documentation that authorises individuals to work in the US for a specified period.
Now, if you need to replace your EAD card, you must submit the necessary documents to the US Citizenship and Immigration Services (USCIS). Here is a checklist to guide you through the process:
Documents Required:
- Form I-765: You must complete and submit Form I-765, also known as the "Application for Employment Authorization." Make sure to type or neatly print the form in blue ink. Check the box next to "Replacement (of lost employment authorization document)." You can also try applying online for a replacement, although the success rate of this method is uncertain.
- Filing Fee: Along with Form I-765, you may need to pay a filing fee. However, if you are a dependent of certain foreign governments, international organisations, or NATO personnel, you are exempt from this fee.
- Statement to USCIS: Prepare a statement explaining how your EAD card was lost, stolen, or never received. Include any supporting evidence or documents, such as a police report in the case of a stolen card. Your statement should also mention your USCIS receipt number.
- Previous EAD Cards: If you have previously held an EAD card, include a photocopy of the front and back of each card.
- Photographs: Provide two passport-sized photographs that adhere to the Department of State's guidelines for passport photos.
- Other Documents: Depending on your specific situation, you may need to submit additional documents. For instance, you may require an I-797 Approval Notice from USCIS, an official transcript, or photocopies of your I-20 forms and I-94 card or document.
Processing Time:
The processing time for an EAD replacement is typically between three and five months. During this period, USCIS will review your application and determine if any errors were made. If the error was due to a USCIS mistake, they will issue a new card without any additional cost to you. However, if the error was not attributed to USCIS, you will need to follow the procedures for "Replacement Due to Applicant Error."
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Frequently asked questions
International students should apply for an EAD card, also known as an Employment Authorization Document, when they are seeking employment in the US. International students are generally not allowed to work in the US except for specific on-campus positions. However, they can apply for work authorization under certain circumstances, such as Optional Practical Training (OPT) or internships with international organizations.
To apply for an EAD card, international students need to submit Form I-765, "Application for Employment Authorization," to the US Citizenship and Immigration Services (USCIS). The form can be filed at the same time as a green card or marriage visa application. Students must also provide supporting documents, such as proof of their student status and evidence that their job will not interfere with their studies. Processing times for Form I-765 can vary, typically taking up to 3 months or 90 days.
There may be filing fees associated with the EAD application process. However, certain individuals, such as dependents of foreign governments, international organizations, and NATO personnel, are exempt from paying these fees. Fee waivers may also be requested and approved in some cases.
