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Working in the USA
Working in the USA
Remember that you are restricted by your visa in terms of being able to work
in the USA. It is a MUST that you know all the requirements and restrictions
concerning your visa! Please be sure to visit our international student
immigration center to learn more about your visa and consult an immigration
attorney if you have any questions.
US Employment Rules for F1 Students
Most international students in the United States hold an F-1 visa, which is the
U.S. non-immigrant student visa. F-1 students are allowed to work in the United
States, but only under certain conditions and in accordance with complex
guidelines and restrictions issued by the United States Citizenship and
Immigration Service (USCIS).
Generally, all employment is contingent on remaining within the terms and
restrictions of your F-1 visa. There are several categories of employment during
the term of your stay as an F-1 student in the United States. On-campus
employment is the most freely available, and then there are four categories of
off-campus employment: optional practical training (OPT), curricular practical
training (CPT), severe economic hardship, and approved international
organizations.
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• On-campus employment
• OPT
• CPT
• Economic Hardship
• International Institutions
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On-Campus Employment
On-campus employment is the category most freely permitted by the USCIS
regulations, and it does not require USCIS approval. However, although F-1
status includes an on-campus employment privilege, on-campus employment
opportunities at most schools are limited. Even if you can obtain a job on
campus, you may not rely on it to prove financial resources for the year, and
often these jobs are not related to your studies. Many schools do require that
you obtain permission from the International Student Office prior to accepting
any on-campus employment, and may not permit such employment in a student's
first semester or year.
For on-campus work, an F-1 student is subject to the following rules:
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You must maintain valid F-1 status
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You can work up to 20 hours per week while school is in session
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You can work full-time on campus during holidays and vacation periods if
you intend to register for the next academic semester.
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The employment may not displace (take a job away from) a U.S. resident
The definition of on-campus employment includes:
• Work performed on the school's premises directly for your school (including
work affiliated with a grant or assistantship).
• Work performed for on-location commercial firms which provide services for
students on campus, such as the school bookstore or cafeteria. (Employment with
on-site commercial firms which do not provide direct student services, such as a
construction company building a school building, is not deemed on-campus
employment for the purposes of the rule.)
• Work performed at an off-campus location which is educationally affiliated
with the school. The educational affiliation must be associated with the
school's established curriculum or related to contractually funded research
projects at the post-graduate level. In any event, the employment must be an
integral part of the student's educational program.
Since your status is always contingent on your school's support, you must seek
guidance and clearance from your International Student Office prior to applying
for or accepting any employment, and you should request their particular
interpretation of any ambiguous situation. You will also need your school's
guidance to ensure that you file all appropriate forms with USCIS and receive
any necessary USCIS approval.
Optional Practical Training (OPT)
International students in the U.S. in valid F-1 immigration status are permitted
to work off-campus in optional practical training (OPT) status both during and
after completion of their degree. Rules established by the U.S. Citizenship and
Immigration Service (USCIS) govern the implementation of OPT, and all OPT
employment requires prior authorization from USCIS and from your school’s
International Student Office.
You can apply for OPT after being enrolled for at least 9 months, but you cannot
begin employment until you receive your Employment Authorization Document (EAD)
from USCIS and you have been enrolled for at least a year. You do not need to
have a job offer to apply for your OPT EAD, and your OPT employment can occur
anywhere in the US. Start early—USCIS takes up to 90 days to process your
application—and make sure you work closely with your school’s International
Student Office. As with everything you will do while in the U.S., permission is
based on maintaining lawful F-1 status, and your International Student Office is
there to help you maintain that status throughout your stay.
General OPT Requirements
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Employment must be “directly related” to the student’s major
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Student must maintain lawful F-1 status
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Student must apply for OPT before completion of all work towards a degree
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Students who have engaged in 12 months or more of full-time Curricular
Practical Training (CPT) are not eligible for OPT
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OPT is permitted for up to 12 months full-time in total – part-time OPT
(while still in school) reduces available full-time OPT by half of the amount
of part-time work (for instance, if you work part time for 6 months, you can
work full-time for up to 9 months)
Students can be authorized for 12 months of OPT for each successive level of
degree achieved – for instance, you can do 12 months of OPT after receiving your
undergraduate degree, go back to graduate school, and then do 12 months of OPT
after receiving your graduate degree. Pre-completion OPT (students are still in
school) and post-completion OPT (students have completed their degree) each have
different rules:
OPT before completing a degree:
• Students must be enrolled in school full-time
• Students may only work 20 hours per week while school is in session
• Students may work full-time during summer and other breaks (as long as the
student will return to school after the break)
• Student may work full-time after completion of all coursework, if a thesis or
dissertation is still required and student is making normal progress towards the
degree
OPT after completing a degree:
• After completion of your degree, OPT work must be full time (40 hours/week)
• All OPT must be completed within 14 months after completion of your degree
• Applications for post-completion OPT must be received by USCIS before the
completion of the degree
One final note – be mindful of the travel regulations governing F-1 students on
OPT. If you leave the country after completion of your degree, but before
receiving your EAD and obtaining a job, you may not be readmitted. You can leave
the country after completion of your degree if you have your EAD and a job, but
make sure you bring everything that you’ll need to get back in (including valid
passport, valid EAD card, valid F1 visa, all your I-20s with page 3 endorsed for
travel by your international student advisor within the past 6 months, and a
letter of employment, including dates of employment and salary).
Curricular Practical Training (CPT)
Curricular Practical Training (CPT) is an off-campus employment option for F-1
students when the practical training is an integral part of the established
curriculum or academic program. CPT employment 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 your degree, or academic credit must awarded. And yes, you can get
paid for CPT employment. Prior authorization by your school’s international
student office and notification to the U.S. Citizenship and Immigration Service
(USCIS) is required.
To be eligible for CPT employment:
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You must have been enrolled in school full-time for one year on valid F-1
status (except for graduate students where the program requires immediate CPT)
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The CPT employment must be an integral part of your degree program or
requirement for a course for which you receive academic credit
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You must have received a job offer that qualifies before you submit your
CPT authorization request
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Your job offer must be in your major or field of study
Your International Student Office must authorize you for CPT. Once you
receive CPT authorization, you can only work for the specific employer and for
the specific dates authorized (unlike with OPT or severe economic hardship
off-campus employment, where you can work anywhere in the US). Your CPT
authorization will also specify whether you are approved for part-time (20 hours
per week or less) or full-time (more than 20 hours per week) CPT employment.
While in school, you can only be approved for part-time CPT.
Regardless of whether you are approved for full or part-time on CPT, there is no
limit to how long you can work. However, if you work full-time on CPT for 12
months or more, you are not eligible for OPT. If you work part-time on CPT, or
full-time on CPT for less than 12 months, you are still eligible for all of your
allowable OPT. So make sure you watch the dates and hours closely – don’t
jeopardize your OPT!
As with all employment, you should work closely with your international student
office. The general rules will apply somewhat differently to undergraduates,
graduate students and PhD candidates, and they can guide you. The office can
help you determine your eligibility for CPT, make sure your job offer qualifies,
and make sure you follow all necessary steps in applying to USCIS. They also
have to authorize your CPT, so you have no choice – you have to work with them.
But they are pros, especially when it comes to USCIS regulations, so use them –
they are there to help you.
Severe Economic Hardship
Any F-1 student suffering "severe economic hardship" as defined by USCIS is
eligible to work off-campus for up to 20 hours per week while school is in
session, and full-time during breaks.
To be eligible, a student must:
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be in valid F-1 status for at least one academic year (9 months)
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be in good academic standing
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provide evidence of economic hardship based on unforeseen circumstances
beyond the student's control
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show that on-campus employment is neither available nor sufficient
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make a good faith effort to locate employment on campus before applying
The rule gives examples of the types of things that could be considered
"severe economic hardship caused by unforeseen circumstances beyond the
student’s control." These circumstances may include:
• loss of financial aid or on-campus employment without fault on the part of the
student
• substantial fluctuations in the value of currency or exchange rate
• inordinate increases in tuition and/or living costs
• unexpected changes in the financial condition of the student's source of
support
• medical bills or other substantial and unexpected expenses.
You must apply for an "employment authorization document" (EAD) with the help
and guidance of your International Student Office -- you do not need a job offer
before you apply for the EAD. But several forms and documents are required,
together with fees and photos, etc., and processing can take up to 12 weeks or
longer -- and you cannot start work until you receive the EAD. Once you receive
the EAD, you may work for an employer at any job, anywhere in the United States.
Employment authorization is automatically terminated when a student fails to
maintain valid F-1 status.
Employment with an International Organization
The final category of employment for international students in the U.S. on F-1
visas is employment with a “recognized international organization.” To qualify,
an organization must be on the official State Department list, and listed
organizations include the Red Cross, African and Asian Development Banks, the
World Health Organization, the World Trade Organization, and many other similar
but less well-known organizations. Because it does not have the universal
application of OPT or CPT, this category of employment is often overlooked. Only
students with a job offer and sponsorship from one of the listed organizations
are eligible. However, for those lucky students who do have such sponsorship,
there are clear benefits of this employment category.
Requirements to work for an international organization:
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The student must have an internship/employment with a “recognized
international organization.” To see a recent listing of all “recognized
international organizations, click here: International Organizations.
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The employment must be within the scope of the organization’s sponsorship,
and within the student’s field of study.
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The student must have been in valid F-1 status for at least one full
academic year.
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The student must be in good academic standing.
If you meet these requirements, you
can apply for an Employment Authorization Document (EAD) from the United States
Citizenship and Immigration Service (USCIS). You can start to work only after
you receive your EAD, which can take up to 3 months.
There are certain advantages of this type of employment when compared to CPT or
OPT.
• Employment does not have to be for-credit nor required for your degree
program.
• Regardless of how much or how long you work, this type of employment will not
take away from your 12-month post-completion OPT.
( Source:
http://www.internationalstudent.com/study_usa/way-of-life/working-in-the-usa.shtml
)
Alumni Associations
in the USA
Students
Associations in the USA
Indian
Students Associations in the USA
Colleges in the United States
Financial Aids
List of
Universities in America
Graduate Study
in the USA
Student Visa
Work Permit
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