American Employment Rules

[phonology_rocks]

I am getting really mixed messages between other international students, the Univeristy I am at.  Right now, I am an RA and an American school, but I am Canadian.  I went to continue the RA in the summer, (even though I am not taking classes).  It just makes sense given that I can do dissetation reasearch, and also I am in my first year, and my parents live in teh small town in the middle of no where there isn't a lot of likelyhood I could get a job at home.  Anyways, I want to make as much money as I can, but I wanna make sure of a few things....

 

* Its illegal to work off campus right? (even though I think I could probably get hired with an i-9)

* Can I work more then 40 hours on campus? (pick up a second job like at a little coffeee shop or something)

 

My RA doens't cover tutition I have a scholarship that does....and becuase of the the nature of my program there is no need to take classes (also my schloarship wouldn't cover credits this summer) so applying for CPT is out

 

Anywys the other thing is I am getting married within the next year, to an American, so as despert as I am to make as much money as I can I am not willng to breka the rules

 

The issue is I know people who have worked off campus, but I also am fairly sure thats against the rules based on what the school says.  SO I am more worried about the hours thing.....like they say I can't work two on campus jobs, but I have a feeling its a school policy and I could maybe get away with that given that my other one is tired to my graduate program.  ANyways sorry if these are silly questions I just figured there had to be someone thats been through this too!

 

Thanks guys

 

 

[ridofme]

Are you on an F1? I did some googling for you (which is generally better than soliciting legal advice from the Internet masses), and couldn't find info about working on-campus during the summer, so perhaps you can use the Immigration Customs and Enforcement contact info below. It appears that off-campus work is very restricted, however.

 

USCIS

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD

 

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

• Curricular Practical Training (CPT)
• Optional Practical Training (OPT) (pre-completion or post-completion)
• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies. 

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

 

ICE contact info: http://www.ice.gov/sevis/contact.htm

 

DHS http://studyinthestates.dhs.gov/students/resources/working

 

Off-Campus Employment

After a full year at school, you could be eligible for off-campus employment. Approval for this requires special authorization from U.S. Citizenship and Immigration Services (USCIS). In order to apply for this kind of employment authorization, you must receive a recommendation from your DSO and file a Form I-765 “Application for Employment Authorization” with USCIS. After USCIS approves your employment, they will send you a Form I-766 Employment Authorization Document (EAD).

You may not begin work until you have received your EAD. Just as with on-campus work, while school is in session you are restricted to a 20 hour work week.

As an F-1 student, you can receive work authorization for training related to your studies: optional practical training (OPT) and curricular practical training (CPT). Most of the time, you must have been enrolled in an SEVP-certified school as an F-1 student for one full academic year to be eligible for either type of practical training.

[Seeking]

Also, find out about getting married in the US to an American citizen while on a student visa.

 

It may not be allowed and you may face a lot of problems later while getting your visa status changed.

 

As far as I know, it would be much easier for you if you go back to your country for a short while before getting married and if your would-be spouse visits you there on a tourist visa to get married to you in your country.

 

But I don't have the official details. You need to check this. 

[PoliSwede]

I believe that you should be able to take up on-campus employment during the summer as long as it doesn't exceed 20 hours per week.

 

I'm not sure how the special authorization for off-campus employment works. I've never looked into it.

[misskira]

Is there an international student department at your school? I bet they could at least point you in the right direction for some accurate information.

[Cookie]

On 2/11/2013 at 7:44 AM, Seeking said:

Also, find out about getting married in the US to an American citizen while on a student visa.

 

It may not be allowed and you may face a lot of problems later while getting your visa status changed.

 

As far as I know, it would be much easier for you if you go back to your country for a short while before getting married and if your would-be spouse visits you there on a tourist visa to get married to you in your country.

 

But I don't have the official details. You need to check this. 

 

This is not correct.  There is no problem for an F-1 visa holder to get married to an US citizen.  It is generally a one-step process in which you file I-485, I-765 (for EAD), and I-131 (for Advanced Parole) and your spouse files I-130 simultaneously.  After USCIS receives your complete file and fee, an EAD of one year will be sent to you along with other documents while your application is being processed.

Applied to:
UT, Rice, UPenn, Carnegie,  UCSD.  WashU. Notre Dame. UWashington.

[TakeruK]

I am also a Canadian attending a US school. I am on J-1 status though, instead of F-1 status. My school's International Student Program office is very helpful in understanding all the rules so going to yours would be the best bet probably. During our international student orientation, we had a whole session on immigration laws so I might be able to help clarify a few things (but again, I'm not a immigration law expert so I would confirm with my own international office, if I were you).

1. For F-1 students, the only off-campus employment you can work at are through the CPT and OPT programs (i.e. related to your field of study). You apply for this through your school's international office.

2. You can work on-campus up to a maximum of 20 hours a week while classes are in session (TA and RAships count as work though as far as I know).

3. You can work up more than 20 hours a week ON CAMPUS during "breaks" and "holidays" (probably summer counts as this?). On campus work doesn't require prior approval.

4. You can apply for special permission to do non-CPT, non-OPT off campus work (e.g. at Starbucks) if you can prove severe economic hardship -- you have to apply for this through your school's international office.

5. You can totally get married to a US citizen while on a student visa and like heartshapedcookie said, you can apply for a status change after the marriage. Then you will be able to work without restrictions, as far as I know -- other than whatever restrictions your school has as a condition of funding!

Reference: In addition to the orientation information, I also used my school's international student info page: http://www.international.caltech.edu/employment/f1 but you might be able to find something similar for your own school too. I would imagine that all schools are subject to the same immigration laws though!

Edited February 12, 2013 by TakeruK

[jehane]

Hi all

 

My situation is a little different.  I'm currently working (in my home country) and had planned to use up my paid leave before resigning.  However the amount of paid leave I have accrued is longer than the time I have before I start in the US, so there would be some overlap.  I'm not sure whether this violates the employment rules of the F-1.  I can resign earlier and get my leave entitlement paid out, but there would be tax implications.  Has anyone been in this situation before?  I have written to the relevant visa authorities to get an official answer as well.  

 

Thanks

[TakeruK]

If I understand you correctly, jehane, you are saying that you would still be officially employed (under paid leave) from your old employer, in your home country, for the first few (days? weeks?) of your F-1 status in the US? 

 

My impression is that F-1 status prevents you from seeking employment in the US. If you are paid from someone in your home country, into a bank account in your home country, then I don't even think US Immigration or the IRS would even know about it. Of course, this does sound like a special situation so seeking advice from authorities, as you have done, is definitely the right course of action.