Employing Foreign Students
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In some circumstances outlined below, full-time foreign students at accredited U.S. academic institutions may accept offers of employment. Accredited academic institutions include colleges, secondary schools and language training programs that have obtained INS authority to issue F-1 status certificates of eligibility (Form I-20) to foreign students. F-1 students may remain in the U.S. as long as they maintain status and continue to make progress toward completion of the program or degree. Thus, the expiration date of such a status is “D/S” or “Duration of Status”, meaning that the status expires 60 days after completing the educational goal or post-studies optional practical training. In some instances, however, the INS may issue an F-1 status with a “date certain” expiration date. To obtain an F-1 visa in the first instance, the student must prove
his or her financial ability to pay for full-time studies (without having
to work).
Working in F-1 Status As a general rule, F-1 students cannot work for off-campus employers unless they obtain employment authorization from the INS or curricular practical training from the school’s Designated School Official (DSO). An F-1 student may accept employment from an off-campus employer if he or she obtains employment authorization pursuant to one of the following:
Optional Practical Training Optional Practical Training is essentially an INS-authorized employment document that enables an F-1 student to accept employment from a U.S. employer that can offer the student practical experience in his or her field of study. A foreign student who has maintained F-1 status for one full year may be eligible for Optional Practical Training. An F-1 student may obtain Optional Practical Training before or after program completion or graduation. If it is obtained prior to program completion, the F 1 student is limited to 20 hours per week while school is in session. The duration of the Optional Practical Training cannot exceed one year. Also, once the F-1 student has exhausted his or her one year of Optional Practical Training, he or she may not obtain subsequent Optional Practical Training work authorization. Once the foreign student has applied for the Optional Practical Training,
he or she must wait for the INS to issue the employment authorization document
(EAD). The EAD signifies that the alien is auhorized for U.S.
employment.
Curricular Practical Training F-1 students who are engaged in full-time study may obtain approval from the school’s Designated School Official (DSO) to participate in a work/study, internship, cooperative education program or any other required or curricular program offered by sponsoring employers through cooperative agreements with the school. No INS authorization is required. The employment must be offered in the form of coursework or part of an established curriculum. The program must be listed in the school’s catalog of courses and must be either: 1) a mandatory or elective course for credit or 2) a non-credit course required for graduation from a professional school. Curricular Practical Training visas are quite popular for employing
Hotel Management, Nursing and Engineering students.
Severe Economic Hardship After the first year of school, an F-1 student may obtain permission to accept off-campus employment if he or she has suffered severe economic hardship caused by unforeseen circumstances beyond the student’s control. The student must apply for an INS employment authorization document (EAD) with the INS District Office having jurisdiction over the student’s residence. If the application is approved, the student must appear at the INS office to receive the one-year EAD. The EAD may be extended for successive one-year intervals until the student’s completion of the degree program or course of study.
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