As a foreign student in USA; you will have the following 4 legal options to work in USA:
(2 Bonus options are included for special cases)
1) F1 Visa
Most foreign students hold an F1 visa, the U.S. non-immigrant student visa. F1 students are allowed to work, but there are certain conditions issued by the United States Citizenship and Immigration Service (USCIS) that one must follow. One must maintain their F1 status to work legally in the U.S., regardless of the type of employment.
There are certain circumstances under which an F-1 student may work while in the U.S.:- A student may work up to 20 hours per week on campus.
- A student may obtain permission to work part-time off campus based on severe economic hardship caused by unforeseen circumstances beyond the student’s control.
- A student may obtain permission from the school to work pursuant to a Curricular Practical Training program that is an integral part of an established curriculum. The student must provide the employer with a copy of his/her Form I-20 Certificate of Eligibility for Nonimmigrant Student Status endorsed by the designated school official (DSO) as evidence of work authorization.
- A student may engage in Optional Practical Training (OPT) in his or her field of study part-time during the school year, or full-time during the summer and after graduation for a total of 12 months (with a 24-month extension available in some cases, as discussed below). In order to qualify for OPT, a student must have completed one full academic year of study. If a student is applying for OPT upon graduation and has not worked previously during the school year or summer, he or she is entitled to the full 12 months. To work pursuant to OPT, the student must obtain an Employment Authorization Document (EAD). To obtain the EAD, the student employee must send a completed application form (Form I-765) with a copy of Form I-20 endorsed by the DSO, a copy of the student’s I-94 record and the filing fee to USCIS. The employer does not typically assist in this application process. Processing time for the EAD application can be several months, so the student should plan ahead.
a. What happens when my EAD expires?Optional Practical Training (OPT) can only be granted for 12 months and generally cannot be extended beyond that period. However, people who graduate with a degree in certain science, technology, engineering and math (STEM) fields from a U.S. educational institution may be eligible for the 24-month extension of OPT. At the request of your Human Resources/Immigration Department, Fragomen will analyze your case for legal sufficiency, immigration history, and other special issues to determine if you are eligible for an extension of your OPT status or for another employment-authorized visa category.
- Am I eligible for a 24-month extension of OPT?
Prior to recommending the 24-month OPT extension, your designated school official (DSO) must certify that your degree, as shown in the Student and Exchange Visitor Information System (SEVIS), is a bachelor’s, master’s, or doctorate degree with a code that is on DHS’ STEM Designated Degree Program List. In addition, the STEM degree must have provided the basis for your current period of OPT. If you possess a STEM degree, but obtained OPT based on graduation from a non-STEM degree program, you are not eligible for a 24-month extension of OPT. In addition, your employer must be registered in the E-Verify employment verification program for USCIS to issue the 24-month OPT extension.
- What is a STEM degree?
The STEM degree list comprises the following: actuarial science, computer science (except data entry/microcomputer applications), engineering, engineering technologies, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, science technologies, and medical scientist. At its discretion, DHS may add degrees to the STEM list in the future. The official STEM list can be reviewed at: http://www.ice.gov/.
- Is the 24-month extension of OPT automatic?
No. If a determination is made that you are eligible for the 24-month extension, your employer must prepare a STEM OPT training plan for review by the DSO. If the DSO issues a STEM OPT endorsement of your I-20, we will prepare and file a Form I-765 requesting an extension of work authorization prior to the expiration of the initial OPT period. Your OPT work authorization will be automatically extended for up to 180 days pending the adjudication of the Form I-765.
- Are there any reporting requirements?
You must make a validation report to the DSO every six months starting from the beginning of the -month OPT extension period. Additionally, you must report to the DSO any change in your legal name, residential or mailing address, employer name, employer address, and/or loss of employment within 10 days of the change.
- Must I be employed in order to maintain lawful status?
You are not required to be continuously employed in order to maintain lawful status. However, there are strict limits on the time during which a foreign national on OPT may be unemployed in order to continue maintaining F-1 status. In the initial 12-month period of OPT available to all graduates, not more than 90 days of unemployment is permitted. STEM graduates who obtain a 24-month extension of OPT may not be unemployed for more than 150 days during the aggregate 36 months of OPT.
- If I change employers during the 24-month OPT extension period, am I required to submit a new training plan and Form I-765?
Changing to a new STEM OPT employer is permitted as long as you obtain DSO approval of a new STEM OPT training plan, your new employer is registered and in good standing in E-Verify, and the job is related to the STEM degree.
- If eligible, can I apply for a subsequent 24-month extension of OPT following completion of another qualifying STEM degree program?
No, a STEM graduate may obtain only one 24-month extension of OPT.
b. What is my tax status as a student?Employees in F-1 student visa status are exempt from Social Security payroll taxes (known as FICA) provided they are treated for U.S. income tax purposes as a “nonresident” or have proved that an applicable tax treaty exempts them from having to make FICA contributions. F-1 students who have resided in the U.S. for more than five years often are regarded as “residents” for U.S. income tax purposes and may lose their exemption from FICA tax payment. Employees affected by this exemption should seek professional tax advice for more details.
On-Campus EmploymentOn-campus employment is the most freely available form of work that a foreign student can attain. Work must be on the school’s premises and be done directly for the school. In other words, working for the campus bookstore or cafeteria is fine and dandy, but working on a construction site on-campus is not allowed. In some cases, the job might be off the school’s premises but is educationally affiliated with the school. Generally speaking, on-campus employment is the only type you’ll be eligible for during your first academic year in the U.S.
RequirementsYou’ll have to file all required forms with the USCIS and receive approval for your employment. Seek guidance for finding a job and getting USCIS approval for it at your school's ISO. Not only are they well-versed in helping you find on-campus work, but they can also help you understand how it can help with financial aid.
RegulationsThis type of work is limited to part-time, or up to 20 hours a week during the academic year. You are allowed to work full-time, or up to 40 hours a week, during official school holiday or vacation periods, as long as you’re registered for the following semester or period after the break.
2) Curricular Practical Training (CPT)
Curricular practical training, or CPT, is off-campus training, work, or internships that are directly related to your degree. CPT can only be authorized if the student is earning academic credit for the employment or it’s required for the degree. Most of the time, CPT is undertaken alongside a specific class. Seek guidance from your professors, academic counselors, and your ISO to get more information specific to your case.
RequirementsYou cannot undertake CPT until completing one academic year (9 months) on a valid F1 visa. The job must be related to your field of student and required for a course that earns academic credit. Note that there is an exception for graduate students when the program has immediate CPT as a requirement.
- The first step is to contact your school’s ISO to confirm that you are eligible.
- Second, you’ll need to find a job that relates to your field of study and receive a job offer.
- Next, request CPT authorization from your school’s ISO and notify the USCIS of your new employment.
You need a job offer before you can request CPT authorization from the USCIS, so get an early start on this!
Regulations- CPT is tied directly to a specific employer for specific dates authorized. You cannot change jobs or shorten or extend the period of your CPT.
- Upon authorization, you’ll get detailed guidelines on work hours, whether it be part-time or full-time. While in school, you can only work part-time, but during breaks and holidays, you may work full-time.
- One very important thing to keep in mind is that if you work full-time for more than one year on CPT, you will not be eligible for Optional Practical Training (OPT).
3) Optional Practical Training (OPT)
Optional practical training (OPT) is much more flexible than on-campus employment or CPT. This type of employment is not affiliated with your school, but it must be directly related to your major. Like all forms of student employment, it’s important to be in constant contact with your school’s ISO throughout the process.
Requirements- You must have completed one academic year (9 months)
- You must maintain your F1 status throughout your time of employment
- You must submit your application for OPT before completing all academic work
- You may not apply for OPT if you have engaged in a year or more of full-time CPT
- First, get in touch with your school’s ISO to apply for OPT.
- Next, complete Form I-765. This must be endorsed by a designated school official (DSO) within 30 days of the application for your Employment Authorization Document (EAD). This can take 90 days or more to acquire.
- With your EAD, you may accept employment anywhere in the U.S.
Regulations- You must receive an Employment Authorization Document (EAD) before beginning employment. You do not need a job offer to apply for your OPT EAD.
- Your employment may be anywhere in the U.S.
- The USCIS may take up to 90 days to process your EAD application, so get an early start on this (3 months before completing your first academic year is the perfect time to start!)
- A student is allowed to work on OPT for up to one year of full-time employment. Part-time employment counts toward half of this allotted time. For example, if you work part-time for 4 months, that counts as 2 months of your OPT used.
4) Stem OPT
Science Technology Engineering Math (STEM) OPT: An additional 24 months of OPT is available to students who graduated with a STEM degree. The Employer must be an E-Verify employer. The student and the prospective employer would be required to complete Form I-983 (Training Plan for STEM OPT students) and submit it to your ISO. Once your ISO verifies for completeness, the I-20 will be updated and the student would apply for another EAD with Form I-983.
BONUS Option #1: Severe Economic HardshipIf you’ve fallen on tough financial times during your time as a student, you’re eligible to get off-campus work. Several situations might make this an option for you:
- Loss of financial aid or on-campus employment, where the student was not at fault
- If your home country’s currency has dropped significantly in value since your time as a student began
- A substantial hike in the cost of tuition or other living expenses
- Unforeseen changes in the financial situation of your source of support
- Any other large and unexpected expenses, like medical bills, for example
- Requirements:
You must have a valid F1 Visa and completed one full academic year (9 months) - You must have good academic standing
- You must prove that the economic hardship is legitimate and beyond your control
- You must first attempt to find on-campus employment and show that you made the attempt and/or the available jobs are insufficient for your needs
- First, get in touch with your school’s ISO to seek further guidance on eligibility requirements
- Next, complete Form I-765 to the USCIS and provide any supporting documents that the filing instructions specify. This includes evidence such as affidavits that detail your economic circumstances as well as evidence of your previous attempts for finding work. Your EAD may take more than 90 days to acquire.
- After receiving your EAD, you may accept any employment, anywhere in the U.S.
- Requirements:
Regulations:
You may only work part-time (20 hours a week) while school is in session, but full-time hours are acceptable during school breaks.BONUS Option #2: Employment with International Organization
The final option for F1 students is the most attractive in its freedom, but also the most uncommon and difficult option. This type of employment must be for a “recognized international organization,” like the World Health Organization or Red Cross.
Requirements- You may not apply until completing one academic year and having good academic standing
- You must receive a job offer and sponsorship with a recognized organization
- Employment must be within your field of study
- You must apply for an EAD from USCIS after receiving your offer and sponsorship. It may take more than 90 days for your application to be processed, so plan ahead.
- First, contact your school’s ISO to make sure you're eligible
- Next, complete Form I-765 for employment authorization. This must be endorsed by a DSO within the past 30 days.
- Once you have your EAD, you’re allowed to work only for the employer and the dates that your EAD authorizes.
RegulationsTwo big reasons make this option especially attractive:
- Your job does not need to be for your degree program
- This time of employment will not take away from your allotted 12 months of post-graduate OPT
SOURCES:
Zippia.
Accessed Jan 15, 2023
Fragomen
Accessed March 14, 2024