You can choose to work during the course of your study or after the completion of the program. Please keep in mind that you will be subject to U.S laws and policies with regard to any type of work that you want to do. The laws and policies are different for working during the course of your study and after the course of yours study. Before doing any type of work, including training, internships etc. it is very important for you to go through U.S laws and consult your academic advisers.
As an international student pursuing Bachelor level programs, you will most likely be issued an ‘F-1 Student’ Visa. This is a student visa and is accompanied by an ‘I – 20’ form that is a certificate of your eligibility For Non – Immigrant Student Status, issued by the institution you are going to join. You will need this ‘I – 20’ form before you can apply for the Visa. On your arrival in the U.S, you will get an ‘I – 94’ document issued by the Department of Homeland Security. All these documents, including your visa, will mention the terms and conditions you have to abide by in order to maintain your F – 1 status and continue studying till the expiry of your visa. You will have to make sure that you abide by the terms for working as per the above documents at any costs. If you fail to do so, and if it is found that your conditions of working are unauthorized and illegal, then you will be asked to leave the United States immediately and you might even face legal action.
The reason behind so many restrictions is the simple fact the F – 1 visa status is a student visa given to students who are coming to the U.S to study in a full – time academic program. The visa only authorizes you to study and not come to the U.S for employment or business purposes. However it allows part – time work so as to help students who might face difficulties in meeting their living expenses.
Working during the course of your study
Many international students choose to work during the course of study. This can help you pay off your living expenses while you stay in the U.S. However, do not expect yourself to earn enough to fund your education as working during your study program is subject to a lot of restrictions and violating any rule can result in your F – 1 visa status being cancelled.
Work during the course of your study is primarily related to on – campus jobs and that too for a fixed number of hours. However, if you meet certain requirements, then you can apply for special permission to work off – campus during the course of your study. You will only be able to work off – campus once you’re authorized to do so by the U.S Government.
On campus employment
The most popular option for work during the course of study for international students is taking up various on – campus jobs. These jobs help international students pay their living expenses and also provide them with a lot of experience. On – campus jobs generally include all jobs in which you are directly remunerated by your university/college or when you’re working for a commercial contractor on your university premises, provided that the work benefits the students directly. Examples of on – campus job are assisting your professor in research, working in the college canteen etc. You generally get paid around 7 to 10 dollars for on – campus jobs.
Working on – campus is also subject to certain restrictions. First of all, your F – 1 visa status should be ‘Active’. Also, your DSO (Designated School Official) must approve your request of working on – campus and provide you with a ‘Letter of Approval’. Along with the letter of approval, your employer must write a letter specifying the details of your work. Both these letters will help you obtain a ‘Social Security Number’. Once you get the Social Security Number, you can start working. However, it is important to note that you are not allowed to work for more than 20 hours per week when the college/university is in session. During summer breaks and off – days, you are allowed to work full – time. Please keep in mind that it is necessary for you to study full time and earn 12 credit hours every week, regardless of your job. If you fail to do so, your visa will be cancelled and you will be asked to leave the U.S.
Off campus employment (Economic Hardships)
Off campus jobs refer to the jobs in which you do not work within the premises of the university/college and when the employer has no professional association with that educational institution. In majority of the circumstances, students are not allowed to work off – campus. However, some students might be allowed to work off campus in special cases where they can prove that they are going through unforeseen economic hardships. Typical off campus jobs include working as a cashier in a general store, working at gas stations etc. Like in the case of on campus jobs, you will not be allowed to work for more than 20 hours per week when the college is in session. In most circumstances, you will be allowed to work full time during holidays and the summer break. The rate for off campus jobs varies from state to state and employer to employer.
Working off campus is allowed only in some cases and is subject to restrictions and strict regulations. You will not be allowed to work off campus in the first year of your study. To work off campus, you must have completed at least one year of full time study at the University. You will require a recommendation from your Designated School Official (DSO) through a new
‘Form I – 20’and you will also be required to file a form ‘I – 765’ which is the ‘Application for Employment Authorization’. This form has to be sent to the USCIS (United States Citizenship and Immigration Services). The USCIS will go through your application and decide whether to allow you to work off campus or not. If they approve your request, then you will be sent a ‘Form I – 766’, which is the ‘Employment Authorization Document’ or EAD. You cannot work off campus until you have the EAD. The EAD is generally granted to students with a good academic record who are going through economic hardships. Keep in mind that you will have to maintain your F – 1 visa status by attending the course full time, even if you are doing an off campus job. You will also need a Social Security Number to work off campus.
Curricular Practical Training (CPT)
CPT is an off campus work permit option for international students in U.S universities and colleges. CPT is generally a type of paid internship in the form of work, study or cooperative education that is required for the completion of the course and is offered by employers through cooperative arrangements with the university/college. It is only available to students if this employment is considered to be an integral part of their curriculum and if it is directly related to their ‘Major’ field of study. The CPT can be part – time or full –time and is generally not restricted by the20 hours per week work limit. Please keep in mind that the CPT is not just a means of employment but also a means of acquiring important skills and experience, just like any other internship.
To be eligible for the CPT, you will need a ‘Form I – 20’, which is the ‘Certificate of Eligibility for Non Immigrant Status’ provided by your Designated School Official as a proof of his/her recommendation for employment. You cannot start the CPT until you are authorized to do so. You will not receive authorization for the CPT before you have completed a year of education at the college/university. You will generally not be authorized for the CPT after the completion of your course of study. Please keep in mind that in most universities, using your CPT for 12 or more months of full – time work will make you ineligible for the Optional Practical Training (OPT) that you can do during or after your course of study.
Optional Practical Training (OPT)
Optional Practical Training or OPT allows international students to gain essential work experience in the U.S, which can be extremely beneficial for their careers. It helps students apply theoretical knowledge in practical situations. It is available to all students provided that they have at least completed one year of education at the college/university. The OPT should be related to the field of your major and you will not be allowed authorized for the OPT in any other field. Keep in mind that you are allowed 1 year of OPT for each educational level. This means that during your graduation, you can apply for the OPT for 12 months and you can also apply for the OPT for another 12 months during your post graduation.
These 12 OPT months can be used during your course or even after the completion of your course. So through the OPT, you can work for an additional 12 months in the U.S after the completion of your course, provided that you have not used any of these months earlier. When classes are in session, you will only be allowed to work part – time, i.e. 20 hours per week. During vacations and after the completion of your course, you can choose to work full – time.
To apply for the OPT, you will need a new ‘Form I – 20’ from your Designated School Official (DSO) that will be representative of his/her approval for employment. You will also be required to file a form ‘I – 765’ which is the ‘Application for Employment Authorization’. This form has to be sent to the USCIS (United States Citizenship and Immigration Services). Your Employment Authorization Document (EAD) will come from the USCIS. You cannot start working until you receive your EAD. This complete procedure takes around 3 – 4 months therefore it is important to apply early. Keep in mind that you will only have 60 days after the completion of your program to change your visa status, renew visa, pursue a new course, use your OPT or depart from the United States as your visa is only valid till the end of your course of study. If you fail to complete the procedure within the 60 allotted days, then you will be asked to leave the United States. Therefore if you plan use your OPT in one go after the end of you program, it is important to apply early enough so that all the formalities get completed on time.
Certain students who have STEM degrees (Science, Technology, Engineering and Mathematics) are eligible for a 17 month extension of their OPT after the completion of their 12 month OPT. Please keep in mind that you will need to meet all the eligibility requirements in order to be receive the 17 month OPT extension.
Working after the course of your study (Except OPT)
You cannot work/stay in the U.S after the completion of your course of study if you have completed your OPT (including the 17 month extension, if applicable) on the basis of your F – 1 Student Visa. To continue to stay and work in the U.S, you will need to change the status of your visa from F – 1 to other Non – Immigrant visas.
There are many employer sponsored visas that will allow you to extend your stay in the United States. To extend your stay, your prospective employer will have to file a petition with the USCIS before your ‘Form I – 94’ expires. The category your visa will change to depends on the type of work you will be doing. The recommended time to apply for the change of status in the Visa is 45 days before the date of expiry on your ‘Form I – 94’.
The most common type of work visa is the ‘H -1B’ visa. It grants the recipient a ‘Temporary worker’ status. It is granted for a period of 3 years and can be extended for an additional period 3 years. It cannot be extended beyond a total of 6 years. It is an employer sponsored visa and the visa is terminated as soon as you leave the job or at the end of 6 years, whichever period is shorter.
Please keep in mind that it is not at necessary at all that you will be granted the change of status of your visa. The USCIS looks at each case individually, studying the reasons you want to change your status and your current status. If the USCIS decides to grant you the change of status, then it will also decide the duration of stay in the new non – immigrant status.
It is important to keep in mind that converting to a work visa will depend on getting a job and the job prospects depend upon many factors including the reputation of the institution, field of study and employer policies.
