Employment is any type of work performed or services provided in exchange for money, tuition, fees, books, supplies, room, food, or any other benefit. If there is no pay or other benefit for the work performed and the position is normally an unpaid position, this activity is considered to be volunteer work. To be eligible for any form of off-campus employment in the U.S., you must have been in “good standing” with the U.S. Citizenship and Immigration Services (USCIS) for the past academic year.
Illegal (unauthorized) employment is a very serious violation of non-immigrant status. Employment without prior official authorization renders the violator “unlawfully present” in the U.S. and poses a grave threat to the individual's ability to remain in or return to the States.
Employment options for F-1 visa holders are as follows:
ON-CAMPUS EMPLOYMENT
F-1 students are eligible to work on campus as long as they maintain their legal F-1 status. On-campus employment may not exceed 20 hours a week while school is in session and full-time (up to 40 hours a week) when school is not in session. New F-1 students may not begin work on campus more than 30 days prior to the actual start of classes. Students may not work on campus during a leave from the College, or following a withdrawal or completion of studies.
OFF-CAMPUS EMPLOYMENT
International students with F-1 visas may not work for or receive payment from any employer, other than McDaniel College, without prior approval and authorization from the USCIS. F-1 students may engage in temporary off-campus employment to gain practical experience in their field of study through the practical training employment options. There are two types of practical training: Curricular Practical Training (CPT) and Optional Practical Training (OPT). Each employment option has its own rules and procedures that you must follow in order to gain permission to work. (See the International Student Adviser in Hill Hall 105 for information on either of these types of employment options.) A student cannot begin off-campus employment until he or she receives an Employment Authorization Document (EAD) from USCIS.
The following options for obtaining off-campus employment are open to you after you have completed one academic year (i.e., enrolled on a full-time basis for at least 9 consecutive months):
(1) Curricular Practical Training (CPT)
It is sometimes possible for a DSO to authorize a student to undertake a paid internship under the category of Curricular Practical Training, but the requirements are rather strict:
- You must have legal F-1 visa status and be enrolled at McDaniel on a full-time basis for at least 9 consecutive months.
- The proposed internship must fulfill a curricular requirement; it must be directly connected to your academic program, not simply work that is related to your major.
- CPT is permitted before the completion of your degree only, and can be part time (20 hours/week) or full time (over 20 hours/week). It is allowed during the school year (only part-time) or during the summer (part-time or full-time).
- Approval requires that the work carry academic credit, and you must provide a signed faculty confirmation that the work is vital to the completion of your program.
- You may begin CPT work only after you have obtained written permission from your Designated School Official. The USCIS must be notified, and students authorized for CPT will receive a new SEVIS I-20 with the CPT notation. CPT authorization cannot be back-dated, and working prior to obtaining approval is a violation of status.
Duration of Employment: CPT is granted by the DSO for a specific period of time, and there is no upper limit on the amount of time available for CPT. However, students who engage in 12 months or more of full-time CPT are ineligible for Optional Practical Training (see below).
Location of Employment: CPT may be authorized only for a specific job, employer, and location. You must provide a written offer of employment, specifying the starting and ending dates, location, and nature of employment.
To extend CPT: You must submit the following to the DSO in order to reauthorize the CPT in SEVIS (it can’t be done online):
- A letter from your adviser in your major department, indicating that the CPT extension is really an integral part of your curriculum
- A note from your employer stating what you are supposed to be doing and that he/she approves your continuing the CPT next semester
- A completed Form I-538, which you can download at: http://www.visapro.com/US-INS-Forms/Form-I-538.asp )
(2) Optional Practical Training (OPT)
OPT provides F-1 international students the opportunity to gain paid practical experience in their major field of study. You don’t need a job offer to submit your application, but you are expected to work or be seeking employment. An F-1 student is eligible to apply for a total of 12 months of OPT per degree. It may be used during your course of studies (but you must been enrolled full-time at McDaniel for at least nine months) or after the completion of studies. OPT is usually done after completion of a degree program.
OPT may be part time (up to 20 hours per week) while school is in session, or full time (40 hours per week) during the summer/break period. The job must be related to your major field of study and commensurate with your level of study. Post-completion OPT must be recommended by the DSO prior to the completion of your program and SEVIS I-20 expiration. The OPT adjudication process (approval of USCIS) can take 3-4 months. NOTE: Students must apply to the USCIS for an Employment Authorization Document (EAD) before beginning employment.
Post-graduation OPT:
F-1 students are eligible for 12 months of full-time employment after graduation. It is expected that this employment will be somehow related to your field of study; however, you do not have to have a job offer before applying for permission to work.
Pre-graduation OPT:
Prior to completion of your program of study, it is also possible to get permission to work
off campus up to 20 hours per week during the regular semester in employment directly related to your field of study (or full-time during summer vacation and holidays). Remember that you will only be allowed a total of 12 months of OPT. Using some of that time during your undergraduate studies will reduce the amount of time you may work after you graduate.
Duration of Employment:
The cumulative maximum limit allowed during any uninterrupted stay in F-1 visa status is 12 months. Any previous part-time OPT (while school is in session) will be deducted from the 12-month limit. Students who work 12 months or more of full-time CPT are ineligible for OPT. Part-time CPT does not affect eligibility for OPT. The 12-month clock starts ticking down from the first day listed on the EAD, whether you are working or not.
(3) Employment due to Severe Economic Hardship.
Occasionally, the USCIS will give employment authorization to a student who has experienced a dramatic change in financial resources or have suffered unexpected, unforeseen economic hardship due to circumstances beyond their control. Circumstances may include unexpected loss of a scholarship or on-campus employment, significant currency devaluation, or unexpected changes in the financial situation of the student’s source of support. In applying to the USCIS for this authorization, a student must show that the change in circumstances was unforeseen and beyond the student's control--and that the student will suffer severe economic hardship if not given authorization to work off campus. The USCIS requires documentation to verify any claims about changes in financial status. This work permit is valid with any employer, and work is not limited to the major field of study. It is typically issued in one-year allocations. The student may work up to 20 hours while school is in session and full-time during breaks and vacations (with no reductions in on-campus work eligibility).
(4) Employment under Sponsorship of Certain International Organizations
There are a limited number of international organizations that may sponsor employment for international students (such as the World Bank, UNICEF, the UN, or International Monetary Fund). Permission for this type of employment must be obtained from the USCIS. Qualifying international organizations may hire students for vacation or short-term employment. (See http://foia.state.gov/masterdocs/09fam/0941024x1.pdf for a list of these organizations.)
The Special Student Relief Program is available for citizens of Malaysia, Thailand, The Philippines, Indonesia, and South Korea. It is virtually the same as the Employment with an International Organization, except that it is available upon initial entry (waiving the academic year of enrollment requirement) and can be used to expand on campus work authorization beyond the 20-hour/week limit.