Working in USA as a Student

 F-1 Student Employment Options

  On-Campus Employment
F-1 students may engage in employment on the campus they are authorized to attend (indicated in Section 2 of the I-20 Form) for a maximum of 20 hours per week during normal enrollment periods and up to 40 hours per week during the summer or other officially recognized school break.

No special authorization from the U.S. Immigration & Naturalization Service (INS) is necessary in order to engage in on-campus employment. In addition, there is no minimum requirement for time accumulated in F-1 status.
Advantages:
no need for an Employment Authorization Document
no special application procedure required
is not subtracted from your 12-month practical training after completion of study
does not need to be related to your field of study
You may begin working as soon as you are a student
Disadvantage:
limited to on-campus employment opportunities

For all other types of employment (i.e., Curricular Practical Training, Optional Practical Training, and Work Permission Due to Economic Hardship), students must have accumulated at least nine (9) consecutive months in legal F-1 status in order to be eligible.

  Practical Training

a. Curricular Practical Training (CPT)
Curricular practical training is a type of employment for an F-1 student, which is not required, but which is an integral part of the curriculum or program. This employment may be an internship/practicum, cooperative education job, a practicum, or any other work experience, provided it is either for credit or required for your degree. Employment may be part-time (20 hours per week or less) during the academic year or full-time (more than 20 hours per week) during semester breaks. It is important to note, however, that F-1 students who engage in full-time CPT for 12 months or more will forfeit their period of Optional Practical Training following completion of studies. However, the time you spend on Curricular Practical Training (CPT) will not be deducted from your 12 months of Optional Practical Training after graduation if CPT is less than 12 months.

Prior to completion of studies, an F-1 student may engage in employment (on-campus or off-campus) that is directly related to his/her major field of study via Curricular Practical Training (CPT). CPT can be done before or after completion of studies.

Eligibility
To be eligible for curricular practical training, you must:
have been in legal status in 9 consecutive months
your employment must be an integral part of your degree program or requirement for a course
have a job offer related to your major or field of study

How to Apply
- stop by the ISO to pick up the application packet or fill it out online
- obtain a letter from your employer. The letter MUST be on company letter head and include the duties of the job, beginning and ending date of your employment, and supervisor's name, title, address and phone number.
- ask your academic advisor, course instructor, or Co-op office to fill out the Recommendation form.
- submit a copy of your transcript to the advisor. This transcript can be obtained from the Registrar's Office only by request.
-Fill out the I-538 (DSO Certification Form, downloadable from INS's website). Once you download the I-538, you just click on where you need to fill out such as your last name, first name, date of birth, etc. and print it out from a laser printer.
-bring your job offer letter, I-538 Form, the recommendation form, your transcript and your I-20 to the ISO for processing your employment authorization. If we are not busy, the advisor on duty may process it on the spot for you. Otherwise, it may take 24 hours.

Note:
For MBA, you may sign up Advance Research Project course to be eligible for curricular practical training for summer. You must register for this course before the end of Spring term.
To be eligible for curricular practical training, the employment must be an internship, a cooperative education job, a practicum, or other work experience that it is required for the degree and/or confers course credit.
Curricular practical training will not be deducted from your 12 month practical training unless you received one year or more of full-time curricular practical training .
Never work without applying for employment authorization through the ISO. INS approval is NOT required.

Advantages:
Employment Authorization Document from INS is not required is not subtracted from your 12-month practical training after completion of study, unless you work cumulatively full-time 12 months or more
Disadvantages:
you must either receive academic credit for your work experience or it must be required for your degree
if you are an undergraduate student, you are not eligible for curricular practical training until you have been in F-1 status for at least one academic year

b: Optional Practical Training (OPT)
Optional practical training is a type of temporary employment (on-campus or off-campus) directly related to your major area of study which is authorized by the Immigration & Naturalization Service (INS). You may receive only one 12-month period of optional practical training, regardless of how many degrees you receive (talk with the Advisor at the ISO if you have been outside the U.S. for 5 months or more). It may be used before or after completion of studies. You may also request only a portion of the 12 months optional practical training if you intend to pursue a second degree and want to save some optional practical training for the new degree.

After having been in F-1 status for at least 9 months, you are eligible for off-campus employment in your field of studies. This could be full-time during the summer and the winter semester break, or part-time (limited to 20 hours of total employment per week, including any on-campus work) during the academic year. However, the time spent with this type of employment authorization will be reduced from your 12-month practical training after completion of studies.

OPT can be divided into four categories:
(1) part-time or full-time during the student's annual vacation period and at other times when school is not in session, if the student is currently enrolled and eligible and intends to register for the next term
(2) while school is in session, provided the employment does not exceed 20 hours per week
(3) full-time after completion of all course requirements for degree (excluding thesis or the equivalent)
(4) full-time after completion of the entire course of study. The maximum amount of time an F-1 student may engage in OPT is 12 months. It is important to note, however, that F-1 students who have engaged in full-time CPT (see "Curricular Practical Training" above) for 12 months or more are ineligible for OPT.

To apply for this type of work permission you will need a letter from your employer, a letter from your academic adviser, your I-20, and a completed Form I-538. After the ISO processes your application, you will subsequently send your application to the immigration service for processing, which will take at least 6-8 weeks and as long as 4 months. There is a $120 fee required for this application. You may either pick up the application packet at the ISO.
Advantages:
does not have to be for-credit nor required for your degree program
little paperwork for the employer (just a job offer letter)
Disadvantages:
must mail in your application to the INS with $120 fee
it takes about four to six weeks to get the approval
time spent for this practical training will be deducted from your12-month practical training after completion of study

Practical training is the opportunity to apply knowledge gained in the classroom to a practical work experience off campus. Optional practical training is authorized by the U.S. Immigration and Naturalization Service (INS). This authorization can take up to 90 days to obtain. The maximum amount of time granted to work in F-1 practical training status is 12 months. You may use some or all of the available 12 months of practical training during your course of study or save the full twelve months to use after you graduate. You may apply 120 days before employment start date or you must apply within 60 days after graduation or the last time registered.

Eligibility Requirements
Students must have been in valid F-1 status at least 9 consecutive months.
The employment must be directly related to your major area of study, and must be equivalent with your educational level.
The maximum amount of time granted to work in F-1 practical training status will be 12 months.
You may change jobs during the 12 months.

How to Apply
Step One

Inform the ISO about your intention, and you may pick up the application packet at the ISO (or most INS forms can be downloaded from INS's website and can be filled online easily)
Ask your academic advisor to fill out
"Academic Advisor's Recommendation Form"
You fill out the Form I-538
Form I-765
Please note: The blue "Signature Card" mentioned in the form's instructions is NO longer required by INS. (1/22/03)

Step Two
Submit your application with your most recent Form I-20 to the Advisor on duty at the ISO. The application is usually completed while you wait, but may take up to 24 hours. You must also submit a copy of your most current transcript to the ISO advisor. This transcript can be obtained from the Registrar's Office only by request..

Step Three
mail in the following documents to:
INS Service Center
75 Lower Weldon St
St. Albans, VT 05479-0001
Form I-765
A photocopy of both sides of I-20 with the ISO Advisor's recommendation for Optional Practical Training
A photocopy of Form I-538
A photocopy of both sides of I-94 Card
Two green card type photographs (NOT passport photos. But for EAD that is not bigger than 1 ½ x 1 ½, three-quarter of front profile of the right side of your face with right ear visible). Print your name and admission number lightly in pencil on the back of each photo, and put the photos in an envelope and attach it to the petition.
A copy of photo page of your passport and visa page
A photocopy of your previous EAD if applicable
$120 application fee, payable to INS (money order or check, NO CASH)
You should include previous copies of I-20s if you transferred from another school, if the I-20 with ISO recommendation does not have a red entry stamp in the top right hand corner, or if you transferred from another degree program. PLEASE
DISCUSS THIS WITH THE ADVISOR WHEN YOUR TURN IN YOUR MATERIALS.
Staple all above documents together and send by certified mail with a return receipt. After mailing in the documents, you will receive a notice (Form I-797) stating you need to wait for about 80 days to receive your EAD. In general, the whole process takes at least eight weeks and possibly up to 3 months.

  Off-Campus Employment

a. Work Authorization Due to Economic Hardship
If other employment opportunities are not available or are otherwise insufficient, F-1 students may apply for off-campus work authorization based upon unforeseen economic hardship caused by circumstances beyond their control (e.g., loss of a scholarship or financial aid due to no fault of the student; substantial fluctuations in the value of currency or exchange rates; unexpected medical expenses; etc.). Thorough documentation concerning the conditions which necessitate such employment is required.
According to the Immigration regulations, an F-1 student may apply for off-campus employment work authorization based upon "severe economic hardship due to unforeseen circumstances beyond the student's control."[8 CFR 214.2(f)(9)(ii)(C)]
I. What are the unforeseen circumstances?
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
II. Eligibility:
be in good academic standing;
you must have been in F-1 status for one full academic year (nine months);
employment opportunities on campus are unavailable or insufficient;
acceptance of employment will not interfere with your full-time study (registered full-time).
III. How to apply
you must meet with an adviser at the ISO to discuss your situation;
provide evidence of your economic hardships listed above;
pick up the application packet;
fill out the forms attached.
Mail in the following documents to:
INS Service Center
PO Box 9765
St. Albans, VT 05479-0001
write a letter to explain the circumstances;
a letter pledging that you have made a good-faith effort to find a job on-campus;
complete INS Form I-538;
fill out INS Form I-765 Please note: The blue "Signature Card" mentioned in the form's instructions is NO longer required by INS. (1/22/03)
I-20 Form
a copy of your F-1 visa stamp in your passport
a copy of your I-94 card (both sides)
two green card type photographs (NOT passport photos. See attached sample ). Print your name and admission number lightly in pencil on the back of each photo, and put the photos in an envelope and attach it to the petition.
$120 application fee, payable to INS (money order or check, NO CASH)
Staple all above documents together and send by certified mail with a return receipt. In general, the whole process takes at least four to six weeks.
If the INS approves your application they will issue an Employment Authorization Document (EAD) which will be valid for one year, and is renewable.
You may work only 20 hours during the semester and full-time during the breaks.


b. Work Authorization Under the Sponsorship of an International Organization
An infrequently used opportunity available to F-1 students is employment under the sponsorship of an international organization. F-1 students may be eligible for this type of work authorization if they have been offered employment by an international organization as defined by the International Organization Immunities Act [19 CFR148.87].

Note: INS does not permit individuals with F-2 status to be employed under any conditions. Employment is defined as the rendering of services, part- or full-time, for financial or other compensation, including self-employment.

J-2 Employment Authorization

 

Individuals in the United States in J-2 visa status are eligible to receive employment authorization from the U.S. Immigration & Naturalization Service (INS). The application procedure is outlined below. The J-2 applicant must:

  • Write a brief letter to INS requesting authorization to work. This letter must include a statement indicating that the income earned will be used to support the J-2 visa holder (and children if applicable), and will NOT be used to support the J-1 principal. Pursuant to [8 CFR 214.2(j)(1)(v)(A)], the employment should be "used to support the family's customary recreational and cultural activities and related travel, among other things. Employment will not be authorized if this income is needed to support the J-1 principal alien."
  • Complete Form I-765 (NOTE: The code for item #16 is (c)(5)).
  • Submit a photocopy of both sides of his/her I-94 Arrival/Departure Record and the J-1 principal's I-94 Arrival/Departure Record as well.
  • Submit a photocopy of both sides of the J-1 principal's Form IAP-66.
  • Submit two photographs. The exact specifications for the photographs can be learnt from TrueStar Consulting Inc.
  • Submit a Signature Card.
  • Attach a check made payable to INS in the amount of $100.

The aforementioned documents must be submitted to the Responsible Officer (RO) or the Alternate Responsible Officer (ARO) in the Office of International Student, Faculty, & Staff Services. The RO/ARO will review the application materials to ensure that all required documents are included and that they are correctly completed. The ARO/RO will then mail the application to the U.S. Immigration & Naturalization Service for adjudication.

Please note that the J-2 can NOT begin work until he/she receives approval from INS in the form of a valid Employment Authorization Document (EAD card). Furthermore, the J-2 can NOT work beyond the specific period authorized on the EAD card. To extend work authorization, the J-2 must complete the entire process again.

 

  J-1 Scholar Employment Options

 

Individuals in the United States as Research Scholars or Short-term Scholars under the auspices of the Bureau of Educational & Cultural Affairs within the U.S. Department of State (DOS) and a Designated Program Sponsor (e.g., The Johns Hopkins Medical Institutions) are eligible to receive payment from the organization listed on Form IAP-66 as the source of funds (see Section 5 of the Form IAP-66) and/or the Designated Program Sponsor (see Section 2 of the Form IAP-66) for a period of validity stated on the form.

Under limited circumstances, individuals may receive compensation from other sources/institutions provided prior written authorization from the Responsible Officer (RO) or Alternate Responsible Officer (ARO) has been secured.