Student Corner : When Can I Work?
Posted Mar 18, 1999
In last month's Law Office of Sheela Murthy Bulletin, our Student Corner feature explained what opportunities you may have after you have obtained one year of "practical training" authorization. In this month's issue, we would like to go back one step and discuss the employment possibilities for a person in F-1 status. If you are an F-1 student, you are probably aware that there are restrictions on working. When you initially obtained your I-20 form and F-1 visa, you had to show that you could afford to go to school without working, since the F-1 is a non-working status. However, there are some circumstances under which an F-1 can be employed. Information on all these options can be obtained from the Foreign Student Advisor (also known as the Designated School Official or DSO) at most Universities or schools. In most cases, that official must also authorize or recommend the employment of the foreign student.
On-Campus Employment
F-1 students are not allowed to work during their first academic year, except for on-campus work. This can include on-campus jobs such as in the library, as well as work at certain off-campus locations that have an educational affiliation with the school. When school is in session, work is limited to 20 hours per week. The student can work full time while school is not in session, for example during school vacations or in the summer.
Work Authorization Based on Unanticipated Economic Hardship
As we mentioned above, in order to obtain a student visa or student status, most applicants need to establish that they have a source of financial support to pay tuition and other fees and living expenses. However, sometimes unexpected things happen. Events such as a currency devaluation, the death or serious illness of a person who was supporting the student, or other unanticipated disasters beyond one's control, can leave the student without the expected support. If the student is able to present documentation of the hardship to the satisfaction of the INS, then it can be possible to obtain work authorization from INS, with the assistance of the DSO.
Internship with an International Organization
Certain international organizations sponsor internship programs, and if the work is within the scope of that sponsorship arrangement, the DSO can place the appropriate endorsement on the student's Form I-20. The student then applies to INS for a work authorization card. The DSO at your school should be able to provide information as to what organizations would qualify for this program.
Practical Training : "Curricular" or "Optional"
Employment for the purpose of practical training must be related to the course of study, and cannot be for English language training. As with all student employment (with the exception of on-campus work) it cannot be undertaken during the first academic year (9 months) as an F1 student. However, there are some exceptions to this restriction for certain special graduate programs. There are two types of practical training: curricular practical training and optional practical training. For either type, it is necessary to have the DSO provide a recommendation or endorsement.
Curricular Practical Training ("CPT")
Curricular Practical Training or CPT is an internship, cooperative education program or other employment that is actually required for one's course of study. The duration of CPT can vary depending upon the program. However, if a student obtains one year or more of CPT, it is not possible to engage in OPT after completion of the school program.
Optional Practical Training ("OPT")
OPT may be possible under the following circumstances: (a) during school vacations and other times when school is not in session; (b) during the school year, limited to 20 hours per week; (c) after completion of course requirements; and (d) after completion of the course of study.
The maximum period for OPT is 12 months. OPT during the study program and after graduation are added together to reach that maximum. For example, if a student had 3 months of OPT while in school, the student can have a maximum of 9 months of OPT after completion of studies. All post-completion OPT must be finished within 14 months of graduation.
When considering student employment opportunities, The Law Office of Sheela Murthy recommends that your first step should be to consult the DSO at your school. As we mentioned earlier, many students later change to H1B status. © The Law Office of Sheela Murthy, P.C.
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