Can You Work in the U.S. on a Student Visa? Rules and Options Explained

Studying abroad opens doors to countless opportunities in the United States, one of the most significant advantages for international students is the ability to work while studying. Having a firm understanding of the rules and regulations surrounding employment on a student visa is crucial for maximizing any opportunity to its fullest potential. This article encompasses a detailed overview of working on a student visa, including the kinds of work permitted, and tips for success.

F-1 Student Visa

F-1 Visas are for students who are looking to enter a university for academic study with the intent of obtaining a degree, diploma or certificate. These universities must be authorized by the United States government for enrollment purposes. Such universities and academic programs include elementary/junior high school, high school, language programs in an academic institution, accredited college or university, seminary school, conservatory.

While in the United States on a F-1 visa, the visa holder is limited to on-campus employment opportunities in the first academic year. During the first year, F-1 visa holders may work on the school’s premises without the approval from U.S. Citizenship and Immigration Services. Such employment opportunities include libraries, research assistantships, dining services, and administrative positions. However, on-campus employment is limited to 20 hours a week when school is in session. During school breaks such as winter and summer vacations, students are eligible to work full-time.

After the student has completed their first year at the educational institution of their choice, they may seek employment opportunities off-campus. Off-campus employment requires specific authorization. There are three primary types: Curricular Practical Training (CPT), Optional Practical Training (OPT) and STEM Optional Practical Training (STEM OPT) Extension.

1. Curricular Practical Training (CPT) allows students to work off-campus in a job directly related to their field of study as part of their academic curriculum, these jobs can include internships. CPT is temporary employment authorization that must be done before the student’s graduation. To be deemed eligible for this program, you must have completed at least one academic year of full-time study before applying for CPT.

Unlike the first year, there are no strict limits on hours for CPT; however, if you work full-time (more than 20 hours per week) during your studies for more than 12 months, you will be deemed ineligible for Optional Practical Training. To apply for CPT, students must obtain a recommendation from their Designated School Official (DSO) and update Form I-20.

2. Optional Practical Training (OPT) can be used before or after completion of your studies. This work must be directly related to the student’s major field of study. To be eligible for OPT, students must maintain a valid F-1 status at the time of the application, be enrolled full-time for at least one full academic year in the U.S. and be physically present in the U.S. when the application is submitted online or by mail. When filing OPT, several time considerations must be kept in mind. Students can file for OPT up to 90 days before the program end date on the Form I-20 and no later than 60 days after the program end date on the Form I-20.

Most students are eligible to apply for post-completion OPT at each higher degree level. OPT can only be used once per higher degree level. OPT must be used directly after graduation and cannot be preserved for a later time. Students cannot begin work on OPT until receipt of the EAD work card and the validity period of the card has begun.

3. STEM Optional Practical Training Extension is a program designated for degrees within the science, technology, engineering or mathematics field. To qualify for a 24-month STEM OPT extension, an F-1 student participating in an initial period of regular post-completion OPT must:

• Have a degree in an eligible STEM field from a Student and Exchange Visitor Program-certified school that is accredited when the student submits their STEM OPT extension application to USCIS.

• Pursue their STEM OPT extension through an employer that is enrolled in USCIS's E-Verify employment eligibility verification program.

• Select a STEM OPT employer that provides the student with formal training and learning objectives.

• Work a minimum of 20 hours per week per employer.

M-1 Visa

An M-1 Visa allows a foreign student the opportunity to study full-time at a technical, vocational, or other nonacademic program in the United States. To qualify for an M-1 visa students must meet the following requirements:

• The individual must be enrolled as a full-time student in a vocational or nonacademic program at a school that is certified by the Student and Exchange Visitor Program (SEVP).

• The individual must have sufficient financial resources to cover their tuition and living expenses for the duration of their program.

• The individual must have a residence in their home country that they have no intention of abandoning.

• The individual must be proficient in the English language or be enrolled in a course to learn English.

• The individual must not have a criminal record or pose a security threat to the United States.

M-1 students may only accept employment after completion of their course of study and if it is part of a practical training program. The student must receive an Employment Authorization Document before working and can only work for a maximum of six months of practical training. Additionally, M-1 visa holders are not allowed to work on-campus, they may only work off-campus after completing their course of study and apply for practical training employment.

J-1 Visa

A J-1 Visa grants non-immigrants into the U.S. for the purposes of promoting cultural exchange, while obtaining training, especially in the fields of medicine and business. J-1 visa holders are permitted to work only in roles that are authorized under their specific program category. Unauthorized employment can lead to visa violations and jeopardize future immigration benefits.

All J-1 visa holders must have a designated program sponsor. This sponsor is responsible for approving the program, overseeing the participant's activities, and ensuring compliance with visa regulations. The employment must align with the objectives of the J-1 program. For instance, interns and trainees must work in areas related to their field of study or professional experience. The types of authorized employment are as follows:

On-Site Employment

Interns and Trainees: Interns and trainees can work on-site as part of their practical training programs. The employment must be related to their field of study or career goals and must be specified in the DS-2019 form, which is issued by the sponsoring organization.

Research Scholars and Professors: Students in these categories can engage in employment as part of their research or teaching duties. Any additional employment must be pre-approved by the program sponsor.

Off-Site Employment

In some cases, J-1 visa holders may seek off-site employment, but this must be authorized by the program sponsor. J-1 visa holders must request permission from their sponsoring organization to engage in off-site work. The sponsor may require documentation showing how the job aligns with the participant’s training or research objectives. Additionally, the amount of time dedicated to off-site employment must not interfere with the primary objectives of the J-1 program.

J-1 Visa holders may also engage in internships and training programs, that provide practical experience in their field. This employment is integral to their visa status and must be carefully monitored to ensure compliance. Interns typically participate in unpaid or low-paid internships. However, the internship must provide a meaningful experience, contribute to the intern’s academic and career goals, and comply with labor laws. Trainees are often compensated and must receive structured training that enhances their skills. The program must include clear objectives and benchmarks for progress.

There are restrictions to a J-1 visa which if not followed may lead to serious consequences. J-1 visa holders are generally not permitted to start their own businesses or engage in self-employment. All employment must be through an authorized employer. Working without proper authorization or outside the scope of the J-1 program can lead to serious consequences, including visa revocation and ineligibility for future visas. Employment is limited to the duration of the J-1 program as outlined in the DS-2019 form. Once the program concludes, participants are expected to return to their home country or seek a change of status if eligible.

Conclusion

Working on a student visa in the U.S. offers invaluable opportunities for international students to gain experience, support themselves, and enhance their education. However, understanding and adhering to the regulations governing employment is crucial. By taking advantage of on-campus jobs, CPT, and OPT, students can successfully navigate their work opportunities while pursuing their academic goals. Always consult with your school’s international office or an immigration expert to ensure compliance and maximize your experience in the U.S. You can read more about US Educational System here.