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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:
-
Curricular Practical Training
as required by a course or program.
-
Optional Practical Training,
which is related to your degree and is Pre- or Post-Completion of degree.
-
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:
-
During your annual vacation;
part-time or full-time.
-
While classes are in session;
part-time only;
-
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. |
