Employment Guidelines for International Students

F-1 students who have maintained their status are eligible for on-campus employment up to 20 hours a week when school is in session and up to 40 hours a week during vacations or when school is not in session, as long as the student intends to enroll full-time for the next regular semester. F-1 students are not allowed to engage in off-campus employment without the advance authorization of a DSO (if participating in CPT) or the DHS (if participating in OPT). J-1 students must receive advance written authorization from their DS-2019 sponsor in order to pursue both on- or off-campus employment. Glossary of terms available on p.6.

On-Campus Employment Guidelines:

Full-time enrolled F-1 students who have maintained their status and are otherwise eligible for employment may work on campus -- they should check with the Student Employment and the Payroll Office for the paperwork they need to complete and the information they need to provide to the College. No additional immigration application or authorization is necessary and the employment does not have to be related to the student’s field of study. F-1 students may work for up to 20 hours per week when school is in session and up to 40 hours per week during vacation periods and when school is not in session, as long as the students intend to enroll full-time for the next regular semester. F-1 students may not engage in on-campus employment after completing their course of study, unless the student has received an EAD card and is eligible for employment for Optional Practical Training. Upon initial entry to begin a new course of study, an F-1 student may not begin on-campus employment more than 30 days prior to the beginning of classes. In the case of a school transfer, the student may engage in on-campus employment only at the school having jurisdiction over the student’s SEVIS record.

Off-Campus Employment Guidelines:

Off-campus employment is any type of job, work or service performed in exchange for money, tuition, training, room, board, books, supplies, or any other form of remuneration. Advance authorization is required in order to pursue any form of off-campus employment. In order to work off-campus, an F-1 student must have maintained F-1 status for 1 full academic year, be in good standing as determined by the DSO, and obtain advance authorization from the DHS (for employment under severe economic hardship or Optional Practical Training) or from the DSO (for employment for the purpose of Curricular Practical Training). The employment authorization is automatically terminated whenever the student fails to maintain status.

Curricular Practical Training (CPT)

An F-1 student may be authorized by a DSO to participate in a CPT program which is an integral part of an established curriculum: internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school. Employment for a credit-bearing internship can occur only during the semester the student is enrolled in the class which necessitated the CPT authorization.

Eligibility:

  • Students must have completed one academic year of study as a full-time enrolled F-1 student. Graduate students enrolled in programs which require immediate participation in practical training are exempt from this requirement – students in such programs are advised to speak with a DSO for further instructions as early in the semester as possible.
  • The proposed employment must be a position which is directly related to the student’s major area of study or a required component for a class the student is registered for.
  • The employment opportunity must be an integral part of the student’s curriculum, such as a credit-bearing internship, field study, independent study, etc. or a practicum or internship required for the student’s program of study. The student must submit evidence to the DSO (see the form on p.7) demonstrating that the proposed CPT is an integral part of the student’s curriculum.
  • CPT which takes place while school is in session can be only part-time (up to 20 hours per week). CPT which takes place during the summer vacation can be part-time or full-time.
  • Students who have received one year or more of full-time CPT are ineligible for post-completion practical training.

CPT Application Procedure:

The student should submit the following documents to the DSO at least one week before beginning CPT:

  • Completed section A of Form I-538 (attached; also available at OIP or online at ). Instructions for completing Form I-538 appear on p. 6.
  • Original I-20
  • Recommendation from the student’s advisor, course instructor, or internship/practicum coordinator (Recommendation for CPT Authorization Form on p. 7).
  • If applicable, a letter from the employer stating the specifics of the job, the beginning and end date of employment, and the name, address, and phone number of the supervisor for the CPT project.

When the CPT training is authorized, the DSO retains copies of the submitted paperwork in the student’s file and returns the updated I-20 to the student. The dates of authorization for employment are reflected on the I-20 for the stated employer and time period. If the student needs to change employers or extend the time period, then the student must go through the process again and obtain new authorization. If the student is receiving payment for the CPT, his/her salary will be subject to all taxes (federal, state, and local) that may apply. International students who are in the US for less than six years are usually exempt from social security taxes (also known as FICA) – the student should discuss this with the employer before beginning work.

Optional Practical Training (OPT)

F-1 students who have been enrolled full-time for one academic year and have maintained status are eligible to apply to the DHS for Optional Practical Training (OPT). Employment for the purpose of OPT must be in the student’s major area of study. The maximum period of employment is 12 months of full time employment or 24 months of part-time employment (20 hours per week or less). The student does not have to have a job offer in order to apply for OPT. OPT may be used both before and after completion of study. The student’s salary will be subject to all taxes (federal, state, and local) that may apply. International students who are in the US for less than six years are usually exempt from social security taxes (also known as FICA) – the student should discuss this with the employer before beginning work.

OPT Before Completion of Study may be used full time during school vacations or part-time during the academic year (part-time employment during the school year is limited to 20 hours per week, including any on-campus work and the student must be enrolled full time for the duration of the training). The time spent in such instances is deducted from the maximum 12 months of OPT. To apply, the student must submit to the DSO a letter from the academic advisor (see p. 8), completed Forms I-538 and I-765, and the original I-20. After these papers are processed, they are returned to the student to mail to the DHS, along with the fee for the petition. Processing by the DHS takes 90 days or more and the student must have the work permit before beginning work. For details about the application process, see below.

OPT After Completion of Study, or Post-Completion OPT, is an option for F-1 students in good standing who have completed their course of study or, for graduate students, after completion of all course requirements for the degree except the thesis or equivalent. Students must apply for OPT up to 90 days before the completion of study and all practical training must be completed within 14 months following the completion of study. DHS processing of the petition takes 90 days or longer. The student must have the EAD card to begin work and employment cannot begin until the start date on the EAD. OPT authorization is automatically terminated when the student transfers to another school or begins study at another educational level.

OPT Application Procedure:

The student must obtain and submit to the DSO the following documents:

  • Completed section A of Form I-538 (attached; also available at OIP or online at ). instructions for completing Form I-538 appear on p. 6.
  • Completed Form I-765 (attached; also available at OIP or online at ).Instructions for completing Form I-765 appear on p. 6.
  • Original I-20
  • Recommendation from the student’s advisor (Recommendation form enclosed, see p. 8)

Sending the OPT Petition:

After the DSO has processed the above documents, they are returned to the student. It is the student’s responsibility to mail the petition to the DHS at the following address:

Department of Homeland Security

Bureau of Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

Saint Albans, Vermont 05479

The petition should include the following documents:

  1. Completed form I-765. The code in item 16 should read (c )(3)(i).
  2. $120 check or money order made payable to “Bureau of Citizenship and Immigration Services.”
  3. Photocopy of the I-94 (front and back).
  4. Two ADIT style photos. The applicant’s name and A# (the 11-digit number from the I-94) should be printed lightly on the back of each photo with pencil.

The photos should be taken against white background no earlier than 30 days before submission to the DHS. They should be unmounted, printed on thin paper, glossy, and unretouched. The photos should show a three-quarter profile of the right side of your face, with your right ear visible. Your head should be bare unless you are wearing a headdress as required by a religious order to which you belong. The photo should be no larger than 1 ½ X 1 ½ inches, with the distance from the top of the head to just below the chin about 1 ¼ inches.

  1. Photocopy of the identity page of the student’s passport. If the student has been previously issued an EAD card, a photocopy of the EAD card should be submitted as well.
  2. Photocopy of the SEVIS I-20 (front and back) after it has been endorsed by the DSO. If the student has other I-20s due to transfer from another school, it is recommended that copies of those are sent with the petition as well.
  3. Photocopy of most recent visa.
  4. NSEERS registrants (students subject to Special Registration) must include proof of registration – speak with a DSO for more instructions.

It is recommended to send the petition by certified mail with a return receipt and to make a copy of the petition before sending it. After the DHS receives the petition, the DHS sends the applicant a receipt (Form I-797) which includes the file number of the petition. It is recommended that students save that notice, as they will need the file number if they decide to contact the DHS with questions regarding the status of the petition.

Maintaining Status While on OPT

While on OPT, the students continue to be in F-1 status and the OIP continues to be responsible for their immigration records. To continue to maintain status, students on OPT should abide by the following guidelines:

  • Make sure that they complete and send OIP (by mail or fax) a Change of Address Form AR-11, available online at . Please note: you are in the US as a student (in the top right corner; in the section “I work for or attend school at…” you may still write Ithaca College; at the bottom right corner, you may enter the end date of your EAD card as the date your stay expires.
  • As soon as the students receive their EAD card, they should stop by OIP, so that a photocopy could be entered in their file. If the student has left Ithaca already, he/she should mail or fax OIP a clean copy of the EAD card.
  • Once the student begins work, he/she must send OIP an employment confirmation: name and address of company, the student’s position/job description, name and contact information of the immediate supervisor, and the starting date of employment. One convenient way to do this is to send OIP a copy of the offer of employment letter after it has been signed, but if that is not possible, OIP can accept a signed letter from the student’s supervisor containing the information listed above.
  • If the student decides to travel outside the US while on OPT and he/she has an unexpired EAD card, they should have no problems returning to the US to resume employment. To re-enter the US, the student needs to have the EAD card, the I-20 endorsed for travel within the last six months of the date of the return into the US, and a valid F-1 visa. If the student’s US visa has expired, the student should contact OIP before the trip. It is also advisable that the student should carry employment confirmation, as well as financial certification.

Employment with an International Organization

A bona fide F-1 student who has been offered employment by an entity recognized through the International Organization Immunities Act (complete list of organizations available at OIP or online at ), must apply for advance authorization by the DHS. The student must follow the application procedure for OPT and submit the petition to the local DHS Center. Two things to watch for: in item 16 of Form I-765, the student should enter the code (C) (3) (ii) and the student should submit written certification from the international organization that the employment is within the scope of the organization’s sponsorship. The employment can begin only after the student receives the EAD card.

Employment Based on Severe Economic Hardship

If other employment opportunities are not available or are otherwise insufficient, an eligible F-1 student may apply to the DHS for off-campus employment authorization based upon severe economic hardship caused by unforeseen circumstances beyond the student’s control. According to DHS regulations, such circumstances may include “loss of financial aid or on-campus employment without fault of the part of the student, substantial fluctuations in the value of the currency or exchange rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of the student’s source of financial support, medical bills, or other substantial and unexpected expenses.” In order to be eligible for this benefit, the student must have been in F-1 status for one full academic year and must be in good standing and carrying a full course of study. The student can start working off campus only after receiving the EAD card and employment is limited to 20 hours per week while school is in session and can be full time during school breaks. The employment does not have to be related to the course of study.

Application

1. The student must submit to the DSO evidence that: 1) acceptance of employment will not interfere with a full course of study; 2) the employment requested is necessary to avoid severe economic hardship due to unforeseen circumstances beyond the student’s control; and 3) on-campus employment is unavailable or otherwise insufficient to meet the student’s needs which have arisen as a result of unforeseen circumstances.

2. Once the student receives endorsement from the DSO, the student needs to file a petition with the Vermont Service Center (Department of Homeland Security,Bureau of Citizenship and Immigration Services, Vermont Service Center, 75 Lower Weldon Street, St. Albans, VT 05479)

3. The petition should include:

  • Completed Form I-765, marked with the code (C ) (3) (iii) in item 16 (see p. 6)
  • $120 check or money order made payable to “Bureau of Citizenship and Immigration Services.”
  • Photocopy of the I-94 (front and back).
  • Two ADIT style photos. Lightly print the applicant’s name and A# (the 11-digit number from the I-94) on the back of each photo with pencil. For a description of the photos, go to .
  • Photocopy of the identity page of the student’s passport. If the student has been previously issued an EAD card, a photocopy of the EAD card should be submitted as well.
  • A letter from the student detailing the unforeseen circumstances beyond the student’s control which have generated the severe economic hardship.
  • It is extremely important that the student should submit supporting documents for the above letter (affidavits, letters, bank statements, bills, etc.).

The DHS adjudicates the petition and, if and when approved, mails the student an EAD card. If the petition is denied, the DHS writes the student to notify him/her of the reasons for denial. The DHS does not allow for an appeal for a denied petition for economic hardship EAD. The employment authorization is granted in one-year increments up to the expected date of completion of the student’s current course of study. The authorization may be renewed by going through the above application process as long as the student is maintaining status and good academic standing. The employment authorization is automatically terminated when the student fails to maintain status.