Employment

The definition for on-campus employment is in 8 CFR 214.2(9)(i).

There are two types of limits on the employment:

• Type and location
  • The work must take place either at your school or at an educationally affiliated (associated with the school’s established curriculum or part of contractually funded research projects at the postgraduate level) off-campus location. Work that takes place at your school location could be for an on-campus commercial business, like a bookstore or cafeteria, as long as the work directly provides services for students.
  • Employment located on-campus that does not directly involve services to students (such as construction work) does not qualify as on-campus employment.
  • Work with an employer that is contractually affiliated with the school is on-campus employment even if the work site is not located on the campus (such as a research lab affiliated with your school).

• Jobs that do not displace a U.S. citizen or lawful permanent resident (LPR)

An F-1 student has three main employment-related guidelines:

• May work at any qualifying on-campus job that does not displace a U.S. citizen or LPR.
• May work up to 20 hours per week while school is in session ( full-time during those periods when school is not in session or during the annual break)
• Should report their work to you and receive a certification letter to present to the Social Security Administration in order to be able to receive a Social Security number.

Not complying with these guidelines for on-campus employment may be a violation of status that could result in the F-1 student having to leave the United States.

The questions above on What qualifies as on-campus employment? and What are the basic guidelines for on-campus employment? define the parameters for on-campus employment.

As the DSO, you have certain responsibilities:

• Counsel the student concerning the following:
  • Number of hours the F-1 student may work
  • Type of employment
  • N eed to maintain F-1 status
  • Tax and Social Security implications
  • Reporting changes in employment and hours worked
• Have a letter from each employer concerning the nature of the job and the work hours
• Give the F-1 student a letter for Social Security purposes certifying that the job qualifies as on-campus employment and that the student is in F-1 status
• Keep records on the F-1 student’s employment in the school files
• Terminate the F-1 student’s SEVIS record if you know the student is engage d in any unauthorized employment or works hours in excess of those allowed by regulation

An F-1 student may begin working as much as 30 days before the start of a program of study. They should have permission from you before they begin work.

If an F-1 student finishes a program (such as a bachelor’s degree) and starts another program of study at the same campus, the student may continue on-campus employment as long as the student plans to enroll in the new program of study for the next term.

The job must be physically located on the school’s campus or off-campus at the site of an educationally affiliated organization.

Employment on-campus has to be for the school or for a company that contracts with the school to serve students directly.

For example, if your school contracts with a food service company, an F-1 student can work for the company at school facilities but not for the same company at any off-campus locations.

• An F-1 student cannot work for a company contracting with the school for something other than student services
• An F-1 student cannot work for a company that does not contract with the school, even if the work location is physically located on school property.

For example, an F-1 student cannot work for a construction company, even if the job site is on the campus.

However, an F-1 student may work for a contractually affiliated company such as a school bookstore, because it provides services to students.

In the case of off-campus locations, educational affiliation means the location meets one of two important criteria:

• Associated with the school's established curriculum
• Related to contractually funded research projects at the post-graduate level

Yes. If an F-1 student finishes one program of study at one educational level (such as a bachelor’s degree) and starts another program of study at the same campus, the student may continue on-campus employment as long as the student plans to enroll for the next term.

In most cases, yes.

An F-1 student who is enrolled in school, maintains status and follows the guidelines for on-campus employment may continue to work. The F-1 student should keep you informed of any changes in employer and hours, however.

An F-1 student may only work on-campus after the program end date if continuing the education at the next program level at your school.

No.

Yes. However, the F-1 student’s total work hours for all jobs cannot exceed 20 hours during the school term. The F-1 student may work full-time during those periods when school is not in session or during the student’s annual break.

Yes. An F-1 student working on-campus may participate in CPT or in pre-completion OPT before the program end date. The F-1 student’s total work hours for each type of work may not exceed 20 hours while school is in session. The F-1 student may work full-time during those periods when school is not in session or during the student’s annual break. In this context, the F-1 student must remember that the primary purpose for being in the United States and way of maintaining status is enrollment in an SEVP-certified school.

An F-1 student cannot work on-campus after graduation unless continuing education at the next program level at your school.

No. The 60-day "grace" period after graduation or post-completion OPT is for an F-1 student to prepare to leave the United States, unless the student is beginning a new program of study. An F-1 student may consider applying for post-completion OPT to continue working after graduation.

When an F-1 student transfers to your school, on-campus employment is available to the student only at your school after the record release date. The F-1 student cannot work at the prior school after that date.

You can authorize work starting within 30 days of the program start date.

No. Per 8 CFR 214.2(f)(18), the only employment in which an F-1 border commuter student may engage is CPT and post-completion OPT.

An F-1 student automatically has permission to work on campus (unless he or she is a border commuter) but still needs to work with you to ensure the job offered qualifies as on-campus employment.

An F-1 student will need certification letters from you and the employer. The student must present these letters to officials at the local Social Security Administration office to get a Social Security number

If the F-1 student intends to list on-campus employment as a means of financial support, enter the dollar amount of the anticipated income in the on-campus employment field in SEVIS when you create the student's initial Student and Exchange Visitor Information System (SEVIS) record.

If the student's means of support changes and the student now wants to list on-campus employment, you must update the student's record accordingly.

You may include on-campus employment information in the SEVIS remarks section even if the student does not intend to list this work as a means of support.

Terminate the student's SEVIS record for unauthorized employment if the student engages in any unauthorized employment or works hours in excess of those allowed

We recommend that you keep a copy of the letter from each employer that describes the type of work, the affiliation to the school (if needed), and the number of hours the student will work per week.

Keep a copy of your letter to the Social Security Administration certifying that the student may work on-campus.

F-1 students may work at a campus other than the one at which they attend classes if the other campus meets the following criteria:

• Within reasonable commuting distance
• Listed on the same Form I-17, "Petition for Approval of School for Attendance by Nonimmigrant Student"
• Within your jurisdiction as DSO

An F-1 student needs to talk to you before changing jobs. This will allow you to ensure that the new position qualifies as on-campus employment and to ensure you have the correct employment information in the student's SEVIS record.

On-campus employment for F 1 students must not exceed 20 hours a week while school is in session, with one rare exception.

F 1 students may work full-time during those periods when school is not in session or during the student’s annual break, as long as they are enrolling full-time the next semester. Students who are transferring may work at the school that has control of their record – at the transfer-out school before the release date and the transfer-in school after the release date.

The IRS defines full-time on-campus employment as 40 hours per week for foreign students who are claiming an exemption from Social Security and Medicare taxes.

The only exception is if the Secretary of DHS suspends this requirement, by means of a Federal Register notice, due to emergent circumstances. The student must demonstrate to you that the extra work is necessary because the emergent circumstance has affected his or her source of support.

Endorse the student’s Form I-20 with a reference to the Federal Register notice that announced the emergency exception before allowing the student to work more than 20 hours a week.

This citation refers to CPT, not to on-campus employment.

The internship must meet certain criteria:

• With a recognized international organization within the meaning of the 59 Stat. 669, International Organization Immunities Act, (see 22 USC 288)
• Within the scope of the organization's sponsorship

The student must meet certain criteria:

• Be in F-1 status
• Not be a border commuter student
• Be enrolled full-time
• Have a written offer of employment from a qualifying international organization

You do not need to consider either of these items:

• Need or hardship
• Relationship of the internship to the student's field of study

A border commuter student may not work as this type of intern within the United States. Commuter students may only engage in optional or curricular practical training.

This student must follow a specific process to complete this application:

• Have a written offer from the organization
• Have a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from the DSO, signed within the last 30 days, certifying that the applicant is a bona fide F-1 student
• Submit the following to U.S. Citizenship and Immigration Services (USCIS):
  • Form I-765, "Application for Employment Authorization"
  • Fee for the Form I-765 (See the USCIS website for the form and filing information.)
  • Supporting documentation listed on the Form I-765

These international organizations are available in 8 CFR 316.20.

The process starts when a student asks about employment as an intern at an international organization.

If you decide to certify the student's eligibility, enter your recommendation into the Student and Exchange Visitor Information System (SEVIS). Print the supporting Form I-20, sign pages 1 and 3 and give the form to the student

See the User Manual for School Users of SEVIS Volume II Form I-20 for detailed instructions.

Yes. You have the option in SEVIS, but only before the student submits the Form I-765 and supporting documentation. See the User Manual for School Users of SEVIS Volume II Form I-20.

See the related question.

This type of employment can be full-time or part-time. However, the student must be full-time student and maintain status.

This authorization is valid for one year. If the job continues to be available, the student must apply for continued employment authorization six or more months before the authorization expires.

No. See the related question.