The latest immigration and visa news for the USA, Canada, Australia, New Zealand, Ireland, and select European countries - straight from the leading immigrant advocates in the Philippines.
Many international students, regardless of the country they are admitted to, want to work while they are studying to practice their English language skills, earn extra money and to assert their independence. The desire to also practice previously learned theoretical knowledge is also a strong draw.
The United States implements a "dual-intent" doctrine that views all non-immigrant visa applicants as intending immigrants. And as there are several visa categories for international students, exchange visitors and trainees to choose from, applicants are strongly encouraged to apply for the visa that best suits their purpose.
Small wonder therefore that restrictions on part-time work are place on the F-1 student visa as this is issued for full-time educational purposes only. If you are therefore intersted in working part-time while studying or wish to remain in the United States to gain more practical training, you should get as much information possible about studying in the U.S. as an international student.
If you are an international student bound for the United States, you should know that working part-time may be a complicated process. However, as long as you know the legal requirements and are prepared to follow regulations and immigration laws, you can prepare in advance for a more successful job hunt.
The most important rules for international students working in the United States are the following:
And an invaluable piece of advice. Most colleges and universities hold orientation programs that provide information about employment options among others. If you missed out on that, then visit the international office of your school and ask them about the rules. Take care of your student visa and status!
If you are someone who likes to look up laws and statutes, the definition for on-campus enrollment may be found in 8 CFR §214.2(f)(9)(i).
To be considered on-campus employment, the work you intend to do must meet the following criteria:
There are other key considerations:
The definition for on-campus and the enrollment and regulations that define it may be found in 8 CFR §214.2(f)(9)(ii)(A).
When an individual applies for a student visa at a consular post overseas, the interviewing consul bases his decision on the perceived genuine intention of the applicant and the ability to afford the costs of tuition, school and living expenses before entering the United States. An applicant is therefore not expected to plan to work off campus.
Exceptions may be made by the Department of Homeland Security (or DHS) however and in certain cases, an exception may be made to the employment rules. If you have to work off-campus, you will have to apply for work authorization from USCIS. Approval is on a case-by-case basis and will be based on:
As your school's DSO will be recommending off-campus employment, you must be able to meet the following criteria:
The DSO will provide you with a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," endorsed for each approval of a request for employment. Once your DSO makes the recommendation, you must file a Form I-765, "Application for Employment Authorization," and pay the application fee to USCIS. The filing of the Form I-765 must be done within 30 days of the day the DSO endorses the Form I-20.
If USCIS approves the application, you will receive a Form I-766, "Employment Authorization Document," (EAD) from USCIS and can begin working. You cannot begin working while application is pending on your application for EAD,
Do note though that approval for off-campus employment is good for only one year. You must submit a new application 90 days to 6 months before the expiration of your EAD if you need to continue working off-campus beyond the one-year period. And remember, the DSO has the option in SEVIS to cancel their recommendation for off-campus employment.
While you cannot appeal a USCIS denial of your I-765 application, you can file a motion to re-open or reconsider the decision. There are legal basis for doing so however.
You must make an effort to maintain your F-1 status and be in good academic standing while working off-campus. Otherwise, your employment authorization will automatically end if you do not maintain your scholastic standing or violate your EAD by working more hours than authorized.
If you don't qualify to apply for Off-campus work authorization, just check your curriculum to see if practical training is has been incorporated into your program. You must consider though that not all work done under CPT is paid.
OPT employment may provide you with an opportunity to gain one year of paid work experience in the U.S. in the field of your study. Many students choose to apply for OPT after they graduate with a certificate or Associate's, Bachelor's, Master's or Doctorate degree.
You may qualify for the additional 24 months of training/employment in the OPT STEM Extension if your program is listed in the STEM Designated Degree Program List. This means a total of 36 months paid work after graduation provided you meet the criteria.
If you are an F-1 student and have a filed a H-1B petition and change of status request, you may be eligible for a cap-gap extension if your F-1 status and current employment authorization will expire before the change of status to H-1B occurs (typically October 1). Basically, the cap-gap extension bridges the gap between the end of your F-1 status and the start of your H-1B status. This allows you to remain and work in the U.S. during the "gap."
There's been a major update on the processing of H-1B visa petitions though. As of March 3, 2017, premium processing of H-1B visas has been suspended, at the most, for 6 months. So, be sure to take this in consideration when applying for work authorization.
Authors & Contributors
Jennifer S. Aranda is the COO of IVC Immigrant Visa Center, Inc.
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