The hiring needs of U.S. businesses may be fulfilled by recruiting foreign students. Employers should be aware of the various types of employment for which foreign students may qualify.

Optional Practical Training

Students in F-1 status may be eligible for one year of optional practical training (OPT) in an area related to their studies in one of four circumstances: (1) during the student's annual vacation (and other times when school is not in session); (2) during school, not to exceed 20 hours per week; (3) after completion of all course requirements for bachelor's, master's or doctoral degree programs; and (4) after completion of the course of study.

The OPT is limited to 12 months and must be completed within 14 months of graduation. Any time used in OPT during the course of study will be subtracted from the time available to the student post-graduation. In addition, students are now eligible for a new one-year period of OPT when the student changes to a higher level of education. It is important for employers to verify with the student how much practical training time is available to them.

Requesting Optional Practical Training

The hiring employer does not play a role in the sponsorship of the student for practical training. Rather, the student must submit a request for OPT to their designated school official (DSO). The recommendation from the DSO is subject to INS approval (now Bureau of Citizenship and Immigration Services - BCIS). In addition, the student must obtain an Employment Authorization Document (EAD) from BCIS. Students may apply for an EAD up to 120 days before employment or within 60 days after completion of studies. No specific job offer is required in order to apply for an EAD. Students may indicate in the application the type of work they expect to perform.

When hiring foreign students, employers should recruit far enough in advance as to allow the student to obtain the necessary employment documents. The scope of employment must be related to the student's course of study and must be for training purposes only. English language training programs do not qualify for OPT.

Students who wish to request OPT must do so prior to the completion of the course requirements or the course of study. Requests for summer vacation OPT after the first year of study may be made up to 90 days prior to the completion of the first academic year, provided that employment will begin after such completion. Employment authorization is automatically terminated when the student transfers to another school or begins to study at another educational level.

Curricular Practical Training

Some students may also be eligible for curricular practical training, for which students are given course credit for a period of employment. Students may also fulfill their internship requirements through curricular practical training. Students need to obtain certification from their DSO but no EAD is required.

If students obtain one or more years of curricular practical training, no OPT will be available to them upon completion of their studies.

On-Campus Employment

Students may perform work on the school premises, which includes on location commercial firms providing services to students or off-campus locations that are educationally affiliated with the school. To qualify, 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.

Students may only work 20 hours/week while school is in session and full time when school is not in session. Further, students are permitted to work on-campus only if the employment does not displace U.S. workers. First time F-1 students may not work on campus more than 30 days prior to the beginning of classes.

Off-Campus Work Authorization

After the first academic year, a student may be authorized to work off-campus on a part time basis, provided the student is in good academic standing. While school is in session, employment is limited to 20 hours per week. The student may work full time during vacations and holidays. If the student fails to maintain status, employment authorization is automatically terminated.

Severe Economic Hardship

To qualify for off-campus employment on the basis of severe economic hardship, the student must request a recommendation from the DSO and demonstrate the following:

(1) The student has been in F-1 status for one full academic year;

(2) The student is in good academic standing and is carrying a full course of study;

(3) Acceptance of employment will not interfere with the student's course of studies; and

(4) Employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond the student's control and other employment opportunities are not available or are insufficient.

Employment is limited to 20 hours per week when school is in session. A student with work authorization may work full time during vacations and holidays.

Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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