F

THE INTERNATIONAL STUDENT

F-1 Student Employment

While, for the most part, students may not engage in employment in the United States, in some instances employment is permissible or can be authorized. Students may engage in periods of pre-graduation practical training or practical training upon completion of their educational programs, as long as the training is in their field of study. During a student’s academic program, the student may be authorized by the INS (Immigration) to work off-campus because of unforeseen economic necessity.

Authorization to work because of financial need is granted to students in only the most limited circumstances. Other limited employment opportunities are also available to students. Unlike some students who enter in an exchange visitor program sponsored by their school (J-1 status), F-1 students are not subject to any special requirement to return to their home countries for two years prior to accepting employment here as a nonimmigrant or prior to immigrating.

You can work part time once you start school to cover some of your expenses, but you most likely will not earn enough to be able to pay your full tuition. Graduate students may be able to have their tuition waived if they work as teaching assistants while pursuing their graduate program.

Two types of on-campus employment are permissible for students without any type of authorization from the INS:

1) On-campus employment that will not displace a U.S. resident

2) On-campus employment pursuant to the terms of a scholarship, fellowship, assistantship, or post-doctoral appointment.

In either case, the student must be pursuing a full course of study, but can work full-time during vacation or break periods, as long as the student will be registered in the following semester. Once the student’s educational program is completed, the student is not entitled to engage in on-campus employment without authorization, and can only work pursuant to a period of authorized practical training.

With regard to employment that will not displace a U.S. worker, this issue is basically left to the school. The rule of thumb is whether the position normally has been filled by students, such as research or library assistants at some schools.

The on-campus employment can be for a commercial firm providing on-campus services for students, such as in the school bookstore or cafeteria. On-campus employment cannot exceed 20 hours a week, except during holidays and breaks.

With regard to employment pursuant to the terms of a scholarship, fellowship, or assistantship, the employment is considered to be a part of the student’s academic program, as is a post-doctoral research appointment.

This work is considered to be "on-campus" even if it is performed in a location outside the school’s premises, as long as the location is "educationally related" to the school. Like other types of on-campus employment, however, such employment cannot exceed 20 hours a week while school is in session.

The INS final rule expands the definition of on-campus employment to include off-campus locations that are educationally affiliated with the established curriculum and contract-based educational affiliations. This enables graduate students to conduct research under the supervision of a professor who has a contract-based research grant which is not payable through the educational institution.

Employment pursuant to a contract-based educational affiliation, however, must be an integral part of the student’s educational program and be commensurate with the level of study.

Work Study

Some schools have alternate work/study courses as a part of the regular curriculum, either for all students or for students in particular programs of study. Under this type of program, the student is required to take academic courses for one term, followed by a term of work experiences (also called cooperative education).

A student may engage in off-campus employment that is required by a work/study or cooperative education program in which the student is enrolled, and may do so without obtaining explicit INS authorization.

What You Need To Show To Get Work Authorization

Before requesting authorization based on unforeseen economic necessity, the student must first make a good faith effort to find employment through student work programs. To make the request for outside employment, the student must submit to the foreign student advisor Form I-538 together with the student’s current Form I-20 copy.

The international student advisor evaluates the request and makes a recommendation, based on the international student advisor’s recommendation, the student applies for employment authorization by mailing the application to the INS Service Center with jurisdiction over his or her place of residence.

If you are on an F-1 visa and about to graduate, you will soon have a big decision to make and one of them may have to do with employment. To work in the United States after graduation you will need an H-1B visa. Go to the H-1B visa page to learn more about it. If you have questions, check out the Q&A page.

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