Generally
speaking, an F-1 student is not allowed to engage in employment without explicit
authorization from the USCIS. However, in some situations, explicit authorization
from the USCIS is not required. For example, an F-1 student may engage in some types
of on campus and "work/study" employment without explicit authorization
from the USCIS. Similarly, off-campus employment that is related to a scholarship,
fellowship, assistantship, or post-doctoral research appointment does not require
explicit USCIS authorization.
1.
On Campus & Work/Study Employment
There are two kinds of on-campus employment
that are available for F-1 holders without any authorization from the USCIS:
a. On campus employment that will NOT displace U.S. residents; and
b. On
campus employment as part of a fellowship, scholarship, assistantship, or postdoctoral
research appointment.
In both of these situations, the F-1 holder has
to be pursuing a full course of study and is limited to 20 hours of work per week.
Note, however, that during holidays and recesses, when school is not in session
(including summer), the F-1 holder can work full-time so long as he will be registered
for the next term.
For occupations that will not displace a U.S. resident,
the decision on this is generally left up to the school, but the USCIS might raise
objections if it becomes obvious (e.g. through complaints to the USCIS by U.S. residents)
that violations of the rule have occurred. Perhaps the best guideline to follow
in this regard is to determine whether the position has been traditionally filled
by students.
The second type of permissible on-campus employment is employment
pursuant to a fellowship, scholarship, or assistantship. In this situation, the
employment is considered to be part of the student's academic program and is considered
"on-campus" even if it occurs at a location not on school premises.
To be considered on-campus, the work site needs to be educationally affiliated
with the school. This employment is limited to 20 hours a week while school is
in session.
2. Curricular Practical
Training
As a part of their regular curriculum, some schools offer alternative
work/study courses within particular programs of study. In these situations, F-1
students are permitted to engage in off-campus employment as required by the work/study
program in which the students are enrolled. Moreover, such employment may be undertaken
without explicit authorization from USCIS.
However, the foreign students who
receive full-time curricular practical training for a period in excess of one
year are not eligible for optional practical training (see Optional Practical
Training below). Also, except for students who are enrolled in graduate level
programs, which require immediate participation in curricular practical training,
curricular practical training is not available for foreign students during their
first 9 months in F-1 status.
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 USCIS approval is not necessary
Employment in F-1 Status where
explicit USCIS 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
