Immigration Advising

Employment Regulations for International Students

Definition of "employment:" "Employment" is any type of work performed or services provided in exchange for money, tuition, fees, books, supplies, room, or any other benefit. Volunteer work for no pay or other compensation is not considered employment, and requires authorization only if the work performed is ordinarily salaried.

Definition of "part-time:" "Part-time" means up to 20 hours per week while classes are in session, except that the maximum does not apply during breaks or your annual vacation semester. Occasionally, a student will hold two types of part-time authorization at once, for example an assistantship on campus and severe economic hardship work permission off campus. It is a violation of your F-1 status if the total number of hours that you work in a week exceeds 20.

Employment Eligibility: On-campus employment is permitted for students in legal F-1 student status immediately upon full-time enrollment at the school. Students on a tourist or other visa with a change of visa status pending, must wait until USCIS approval for F-1 student status is received.

U.S. Citizenship and Immigration Service regulations do not permit any off-campus employment for f-1 students during the first academic year in the United States.   To be eligible for any kind of off-campus  employment, you must be in good academic standing with the college and have maintained valid F-1 status for a minimum of one academic year.  You must be registered full-time during both semesters each year, and continue to make progress in your program of study.   

There are only three ways international students may apply for legal off-campus employment. 
These are: 

1. Curricular Practical Training as required by a course or program.

2. Optional Practical Training, which is related to your degree and is Pre- or Post-Completion of degree.

3. Severe Economic Hardship application, in the event of unexpected financial support problem.  These are explained more fully in separate pages.

Definition of "maintenance of student status" or "in-status": These phrases refer to the relationship between the non-immigrant student or other visa, and the laws and regulations they are required to observe while in the United States. A student is considered to be "in status" when a student is complying with all student visa regulations, and has complied from the time of their entry into the U. S. Maintenance of Status refers to remaining consistently in compliance with Immigration regulations.

Social Security Number: To begin paying you, your employer will need your Social Security number, which you can obtain by applying for a Social Security card. Take your passport (if you are Canadian you may use another form of government-issued photo-bearing identification), I-94 Departure Record card, Form I-20 ID (student) copy, and evidence of your employment eligibility (a letter from Office of International Student Affairs or your EAD) to local office of the Social Security Administration.

Form I-765, Employment Authorization Document (EAD). For some types of employment, authorization must come from USCIS. In those cases, you can work only after you receive an EAD, a small card laminated in plastic with your photograph and the beginning and ending dates of your employment authorization. The EAD is available only by mail (there is a fee), and we recommend that you allow four months for processing.

Caution!
Employment without proper authorization is a violation of your status and can lead to serious consequences. Before you start any kind of employment off campus, you should consult with the Office of International Student Affairs.

Types of Work Authorization
On-Campus Employment. No formal application is required to the U.S. Immigration and Naturalization Service (USCIS) to work on-campus. You must however make sure that (1) you remain a full-time student, meaning that you are registered full-time during Spring and Fall Semesters each year and continue to make progress in your program of study (2) your on-campus employment does not exceed 20 hours per week during the time classes are in session. During breaks and summer vacation, on-campus employment is allowed to be fulltime, if the employer or office would like to extend your working hours. On-Campus employment is allowed according to the following guidelines:

• Any employment with the college is acceptable, whether it takes place on or off the campus, as long as Moraine Valley Community College issues your salary checks.

• If the College does not issue the salary checks and the employment is unrelated to your program of study, then your workplace must be on the campus and the employer must be an outside contractor or a firm that provides direct service to students; for example, the food service of the college is an acceptable employer. If you accept an on-campus job that is with an outside firm, you should ask the employer to write to you on letterhead stationery briefly describing the service to students and confirming that the employment will take place on the campus. This would be good for you to keep with your personal records.

• If the College does not issue the salary checks and the work is related to your program of study, then the employer must have a formal affiliation with the College (for example a grant or contract) and your work must be supervised by an Moraine Valley faculty member. If you accept that kind of work, you should ask the faculty member to write to you on departmental letterhead stationery confirming that the work is an integral part of your program of study, such as in your major field, and that he or she will be your supervisor. You should keep the letter permanently for your records.

• In general, most campus offices and other on-campus employment is available to students who have achieved competency in English, and maintain good academic standing during enrollment in classes.
  
  If you are concerned about the appropriateness of any employment, the International Student Affairs staff will be happy to offer advice.

Off-campus Employment Options
Employment Based On Severe Economic Hardship, Off-Campus. 
Available only after a full academic year in F-1 status. Work may be part-time (up to 20 hours per week) while classes are in session or full-time during breaks and summer. Other employment opportunities, for example those on campus, must be unavailable or otherwise insufficient. You must demonstrate "severe economic hardship caused by unforeseen circumstances beyond your control." Acceptable circumstances include substantial fluctuations in the value of currency or the exchange rate, inordinate increases in tuition and/or living costs, medical bills, and unexpected changes in the financial condition of your source of support. Apply to International Admissions Office for a formal recommendation, and to INS for authorization. EAD required.

Curricular Practical Training
Required or integral in the curriculum of your course or program of study. Available to F-1 students who have been registered full-time during the preceding two semesters, and have held a status (e.g., F-1) that permits fulltime study. To qualify as Curricular Practical Training, the employment must be required either for everyone in your degree program or else for a particular course. A year of full-time curricular practical training will make you ineligible for optional practical training (see below). Apply to International Admission Office.

Optional Practical Training
Pre-Completion of degree, and/or Post-Completion of degree. 
Available to F-1 students who have been registered full-time during the preceding two semesters, and have held a status (e.g. F-1) that permits full-time study. The employment must be directly related to the field of your major and appropriate to the level of your program of study, and may last for a combined total of up to 12 months, ending no later than 14 months after the final date of your program. Part-time OPT (up to 20 hours per week) counts at one-half the full-time rate against your 12-month eligibility. You may apply for optional practical training:

1. During your annual vacation; part-time or full-time.

2. While classes are in session; part-time only;

3. Before completion of your degree program or program of study; full-time only.

Optional Practical Training must be certified and approved by the school's Designated School Official, which must accompany a formal application to USCIS for employment authorization. The procedure generally takes 3-4 months to obtain approval so students must plan ahead. The I-765 card, Employment Authorization Document is required before starting work. 

The college will not authorize Optional Practical Training employment for a student in a degree or certificate program that requires less than 24 credit hours of enrollment.

Internship With An International Organization. If a "recognized" international organization such as the U.N. or the World Bank offers an internship, this is another acceptable form of off-campus employment. An authorized EAD is required.

Starting Work
A Social Security Number. To begin paying you, your employer will need your Social Security number, which you can obtain by applying for a Social Security card. Take your passport (if you are Canadian you may use another form of government-issued photo-bearing identification), I-94 Departure Record card, Form I-20 ID (student) copy, and evidence of your employment eligibility (a letter from Office of International Admissions or your EAD) to local office of the Social Security Administration.

Form I-9, "Employment Eligibility Verification." When you begin work, you and your employer must complete Form I-9, which requires you to document both your identity and your work authorization according to directions on the back of the Form. As an F-1 student, you should check the box labeled "An alien authorized to work," and give the expiration date from your EAD. For curricular practical training, give the date entered by International Admissions Office on the back of your Form I-20 ID (student copy). An EAD will prove both your identity and your eligibility to work. If no EAD is required, then, of the various items acceptable as documentation for Form I-9, you may find that the most convenient combination is your passport (or, if you are Canadian, some other government-issued photo-bearing identification), I-94 Departure record card, and Form I-20 ID (student) copy. Your employer, who will keep Form I-9, may make copies of the documents you submit, but will return the originals to you. Form I-9 must be updated each time you receive a renewal of your work permission.

Taxes on Your Income
Social Security taxes. In general, as an F-1 student, you will be exempt from Social Security (F.I.C.A.) taxes for your first five years in the United States, as long as you continue to declare non-resident status for tax purposes (see Internal Revenue Service Publication 519, "U.S. Tax Guide for Aliens," which you can order by calling 1-800-TAX-FORM).

Federal, state, and local taxes. Unless you qualify under a tax treaty between the United States and your home government, your earnings as an F-1 student will be subject to applicable federal, state, and local taxes, and employers are required by law to withhold those taxes from your paycheck. By April 15 of each year, you must file a federal income tax return and a Form 8843, "Statement for Exempt Individuals," covering the prior calendar year—whether you owe more taxes or not. International Admissions staff are not able to answer tax questions.

Employment for F-2 Dependents: Not Permitted
F-2 dependents may not be employed under any circumstances, even in such jobs as baby-sitting. In the event of a job offer at a professional level, an F-2 dependent should work with the prospective employer to change from F-2 to an immigration status that permits employment.