I.
Off-Campus Employment for Economic Necessity
Some
alien students may be eligible for INS authorized off-campus employment because
of economic necessity. To be eligible for such employment, the student must demonstrate
that he needs to work because of severe economic hardship caused by unforeseen
circumstances beyond the student's control. Some examples of this include:
1. Substantial fluctuations in the value of exchange rates or currencies;
2. Unexpected medical bills or other substantial, unexpected expenses; or
3. Loss of on-campus employment or financial aid, where the student was not at
fault for such loss.
In addition, the
student must (1) demonstrate that suitable on-campus employment is not available;
(2) demonstrate that he or she has completed one full academic year and is in
good academic standing; and (3) obtain a recommendation letter from his or her
foreign student advisor in favor of such employment authorization. The student
is required to apply for work authorization with the INS and if such work authorization
is granted, the student is limited to 20 hours a week for work when school is
in session.
II. Optional Practical
Training
Under INS rules, foreign
students in the U.S. are permitted to engage in practical training. Practical
training may either be pre-graduation or post-completion. Pre-graduation practical
training is available (1) whenever school is not in session, so long as the student
is attending a college/university and is eligible to register for the next semester
(or term) and intends to do so; or (2) when the student has finished his course
of study.
The INS refers to the above-described forms of practical training
as "optional practical training." Under INS rules, all optional practical
training must be completed within a fourteen-month period after the student has
completed his or her studies. In total, an alien student is eligible for a period
of twelve months of optional practical training. Any pre-graduation practical
training is subtracted from the twelve month maximum on all optional practical
training. Note, however, that part-time pre-graduation practical training of 20
hours a week is subtracted from the twelve-month period at only half the full-time
rate.
The following are some
additional features of optional practical training:
1. An alien student cannot
engage in optional practical training if he spent twelve months (or more) employed
full-time in a curricular practical training program;
2. An alien student
enrolled in language training programs is not permitted to engage in optional
practical training;
3. Generally speaking, an alien student needs to have
been in F-1 status for a minimum of 9 months to receive permission to engage in
optional practical training;
4. An alien student who departs the U.S. for
a period in excess of 5 months before returning and resuming his studies as part
of a new course of study is considered to be undertaking a new period of study
in the U.S. Consequently, he will be eligible for a new 12 month period of optional
practical training;
5. Under optional practical training, employment authorization
can be issued for only a fourteen-month period following completion of studies.
Thus, if a lengthy delay occurs in the employment authorization application process
and employment authorization is not granted until more than two months after the
completion of studies, it is possible that the student will not be provided with
a full twelve-month period of practical training. This is true even if the student
did not previously utilize any optional practical training periods. Therefore,
if an alien student seeks a twelve-month period of post-graduation practical training,
he must be sure to apply for an employment authorization before he completes the
studies, or as soon as possible in two months after he completes his studies to
avoid the loss of any time due to INS processing delays;
6. Under INS rules,
an alien student may apply for Optional practical training from the INS up to
120 days before the start of employment and up to 60 days following the completion
of studies;
7. Optional practical training is terminated automatically whenever
the alien student changes schools.
The alien student seeking to obtain optional practical training must apply directly
to the INS. Before applying, however, the student must receive a favorable recommendation
from the foreign student advisor. A favorable recommendation would be granted
if the foreign student advisor is convinced that the practical training is strongly
related to the student's major area of study and at par with the student's level
of education.
If employment authorization
is granted, the student will receive an employment authorization document (EAD).
The EAD will be mailed directly to the student or the student will be instructed
to pick it up at the nearest INS district office. For more information about EAD,
please click here
If the employment authorization is denied, the student
has no right to appeal the decision.
For
more information on F-1, please click on the following links:
Description
Application for an F-1 Visa
Obtaining an F-1 Status at the port of entry
Change into F-1 Status in the U.S.
Eligibility for change into F-1
Status in the U.S.
Maintaining F-1 Status
Transfer of School
Transfer of Major
Time limitation of F-1 Status
Extension of F-1 Status
F-1 Status reinstatement
Employment in F-1 Status where
explicit INS approval is not necessary
Employment in F-1 Status where
explicit INS approval is necessary
Optional Practical Training(OPT)
Travel abroad in F-1 Status
Change from F-1 Status to H-1B
Change from F-1 Status to immigrant
status
F-2 Visa and Status
Frequently Asked Questions about F-1
Attorney and filing fees
The Impact of I-140 Filing on F-1
Students
