F-1 Visa
The Student Visa (F-1) allows an applicant to attend school at an accredited US college or university. Some students wish or need to work during their course of study. It is imperative that the applicant discuss this up front with the school before agreeing to attend. That is because students are allowed only limited employment during a course of study.
After graduation, most students are allowed to work for one year in their chosen field, through the Optional Practical Training program. Under the STEM program, students graduating in the science, technology, engineering and math may obtain an additional twenty four month employment period. Graduation from an accredited U.S. university also opens up the possibility of a longer-term stay via an H-1B or other immigration employment visa.
Primary Eligibility Requirements:
It is very important for a student to understand all requirements of their F-1 visa. DHS monitors students very closely. Violators can include those who fail to attend school full time or who inadvertently let their student visas expire without renewal.
As a general rule, students are not allowed to work while pursuing their course of study. There are several exceptions to this rule: on campus employment, off campus employment and curricular/optional practical training. For all employment options, the student must discuss potential employment with the school's DSO, and ensure compliance with all school and federal reporting and documentation requirements.
On campus employment is allowed for a maximum of 20 hours per week while pursing a full course of study. The student may work full time during vacation, between semesters and during transition between two academic levels at the same institution. The student should first discuss potential employment with the school's DSO, to ensure compliance with school and federal reporting rules. Generally this involves completing the Form I-9 process. F-1 students may work on the school’s premises, including on-location commercial firms that provide services for students on campus, such as the school bookstore or cafeteria; and off campus that is educationally affiliated with the school.
Off campus employment, severe economic hardship is allowed for a maximum of 20 hours per week when the student can demonstrate severe economic hardship. Examples include loss of financial aid, fluctuation in exchange rate, tuition or rent increases, medical conditions or unexpected changes in the financial condition of the student's source of support. The student may work full time during vacation. To qualify a student must have been in F-1 status for one full academic year and was caused by circumstances beyond his or her control. The student must first obtain approval from the school's DSO and then obtain an EAD card from DHS.
Curricular Optional Training can be granted for part or full time. This allows a student to gain practical experience during the course of study. To qualify a student must have been in F-1 status for one full academic year. CPT is any alternative work/study, internship, cooperative education, or other type of required internship or practicum offered by sponsoring employers through cooperative agreements with the school. CPT must be an integral part of an established curriculum. If you have 12 months or more of full time CPT, you are not eligible for Optional Practical Training.
Optional Practical Training may be used during a course of study or after and is generally issued for twelve months.
All OPT must be directly related to your major area of study. If you are an F-1 student, you may be eligible to participate in OPT in two different ways:
Pre-completion OPT: You may apply to participate in pre-completion OPT after being in school on a full-time basis for one full academic year at a college, university, conservatory . You do not need to have had F-1 status for the one full academic year; you can satisfy the “one full academic year” requirement even if you had another nonimmigrant status during that time. If you are authorized to participate in pre-completion OPT, you may work part time (20 hours or less per week) while school is in session. You may work full time when school is not in session.
Post-completion OPT: You may apply to participate in post-completion OPT after completing your studies. If you are authorized for post-completion OPT, you may work part time (20 hours or less per week) or full time. If you participated in pre-completion OPT, USCIS will deduct that amount of time from your post-completion OPT authorization period. For example, if you participated in 10 months of pre-completion OPT, you would be eligible for only up to 2 months of post-completion OPT. You must apply Must apply within 30 days of your DSO entering the recommendation for OPT into your SEVIS record, and may apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree.
STEM Extension: Certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion optional practical training (OPT). The student must be currently be in a valid period of post-completion OPT; and apply up to 90 days before current OPT employment authorization expires, and within 60 days of the date the DSO enters the recommendation for OPT into SEVIS.
Regardless of category, it is of critical importance that the student works closely with the school's foreign student advisor as regulations and policies often change, and most actions are very time sensitive.