Can You Get A Work Permit With A Student Visa

Hi, My name is Tom. I’m a big fan of your website and I think it’s very helpful. I wanted to know if you have any experience with immigration law. I’ve read your blog post on Italian immigration as well as others on immigration policies in general but am still confused about one thing. Can you get a work permit with a student visa? Or is it only possible to work while in Italy with a work visa? Thanks for your reply.

If you’re a student on an F1 visa, the work permit process can be confusing and tough to maneuver. The fact that an employer must show it has tried and failed to fill a job with a Qualified Individual before hiring a foreign worker only complicates matters further. To help make the process easier, we’ll cover important questions such as “Can I get a work permit based on my Visa status?” and “What’s a Qualified Individual”

Can You Get A Work Permit With A Student Visa

If you’re a foreign student and want to work part-time during your studies, a student visa might not allow you to do so. Read on to find out how to get around this restriction.

If you are an international student studying in the US, you have the opportunity to work part-time but remember that you are restricted by the terms of your visa. It is a MUST that you know all the requirements and restrictions concerning your visa!

Please be sure to visit our international student immigration center to learn more about your visa and consult an immigration attorney if you have any questions.

US Employment Rules for F1 Students

Most international students in the United States hold an F1 visa, which is the U.S. non-immigrant student visa. F1 students are allowed to work in the United States, but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS).

Generally, all employment is contingent on remaining within the terms and restrictions of your F1 visa. There are several categories of employment during the term of your stay as an F1 student in the United States. On-campus employment is the most freely available, and then there are four categories of off-campus employment:

•  On-Campus Employment
•  Optional Practical Training (OPT)
•  Curricular Practical Training (CPT)
•  Economic Hardship
•  International Institutions

On-Campus Employment

On-campus employment is the category most freely permitted by the USCIS regulations, and it does not require USCIS approval. However, although F1 status includes an on-campus employment privilege, on-campus employment opportunities at most schools are limited. Even if you can obtain a job on campus, you may not rely on it to prove financial resources for the year, and often these jobs are not related to your studies. Many schools do require that you obtain permission from the International Student Office prior to accepting any on-campus employment, and may not permit such employment in a student’s first semester or year.

For on-campus work, an F1 student is subject to the following rules:

1. You must maintain valid F1 status
2. You can work up to 20 hours per week while school is in session
3. You can work full-time on campus during holidays and vacation periods if you intend to register for the next academic semester
4. The employment may not displace (take a job away from) a U.S. resident

 The definition of on-campus employment includes:

• Work performed on the school’s premises directly for your school (including work affiliated with a grant or assistantship).
• Work performed for on-location commercial firms which provide services for students on campus, such as the school bookstore or cafeteria (Employment with on-site commercial firms which do not provide direct student services, such as a construction company building a school building, is not deemed on-campus employment for the purposes of the rule).
• Work performed at an off-campus location which is educationally affiliated with the school. The educational affiliation must be associated with the school’s established curriculum or related to contractually funded research projects at the post-graduate level. In any event, the employment must be an integral part of the student’s educational program.

Since your status is always contingent on your school’s support, you must seek guidance and clearance from your International Student Office prior to applying for or accepting any employment and you should request their particular interpretation of any ambiguous situation. You will also need your school’s guidance to ensure that you file all appropriate forms with USCIS and receive any necessary USCIS approval.

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Optional Practical Training (OPT)

International students in the U.S. in valid F1 immigration status are permitted to work off-campus in optional practical training (OPT) status both during and after completion of their degree. Rules established by the U.S. Citizenship and Immigration Service (USCIS) govern the implementation of OPT, and all OPT employment requires prior authorization from USCIS and from your school’s International Student Office.

You can apply for OPT after being enrolled for at least 9 months, but you cannot begin employment until you receive your Employment Authorization Document (EAD) from USCIS and you have been enrolled for at least a year. You do not need to have a job offer to apply for your OPT EAD, and your OPT employment can occur anywhere in the US. Start early—USCIS takes up to 90 days to process your application—and make sure you work closely with your school’s International Student Office. As with everything you will do while in the U.S., permission is based on maintaining lawful F1 status and your International Student Office is there to help you maintain that status throughout your stay.

General OPT Requirements:

1. Employment must be “directly related” to the student’s major
2. Student must maintain lawful F1 status
3. Student must apply for OPT before completion of all work towards a degree
4. Students who have engaged in 12 months or more of full-time Curricular Practical Training (CPT) are not eligible for OPT
5. OPT is permitted for up to 12 months full-time in total – part-time OPT (while still in school) reduces available full-time OPT by half of the amount of part-time work (for instance, if you work part time for 6 months, you can work full-time for up to 9 months)

Many schools in the United States offer work and study programs that coordinate immediate employment through CPT programs. Not only does this give international students the opportunity to help cover the costs of their education, but they will at the same time gain valuable work experience and obtain their masters degree. Organizations like HTIR Work-Study are able to connect students with schools that offer work study programs.

OPT before completing a degree:

• Students must be enrolled in school full-time
• Students may only work 20 hours per week while school is in session
• Students may work full-time during summer and other breaks (as long as the student will return to school after the break)
• Student may work full-time after completion of all coursework, if a thesis or dissertation is still required and student is making normal progress towards the degree

OPT after completing a degree:

• After completion of your degree, OPT work must be full time (40 hours/week)
• All OPT must be completed within 14 months after completion of your degree
• Applications for post-completion OPT must be received by USCIS before the completion of the degree

One Final Note – Be mindful of the travel regulations governing F1 students on OPT. If you leave the country after completion of your degree, but before receiving your EAD and obtaining a job, you may not be readmitted. You can leave the country after completion of your degree if you have your EAD and a job, but make sure you bring everything that you’ll need to get back in (including valid passport, valid EAD card, valid F1 visa, all your I-20s with page 3 endorsed for travel by your international student advisor within the past 6 months, and a letter of employment, including dates of employment and salary).

OPT Update – April 2008

In April 2008, the Department of Homeland Security updated their OPT requirements for students who are studying certain degree programs so that OPT can be extended for an additional 17 months, up to a total of 29 months of OPT. This was instituted to plug the gap between students who completed their OPT and did not have a chance to file for an H1B visa due to the time frames and visa caps that exist on the H1B visa.