Overview : F-1 Visas (Part 2 of 3)
[See also, F-1 Academic Student Visa Overviews : (Part 1) | (Part 3)]
Posted Dec 11, 2000

The first installment of our overview of F-1 student visa requirements appeared in the December 1, 2000 MurthyBulletin. In this second of three issues on the F1 topic, we discuss both (a) employment issues and (b) visas for family members. In the final article in the series on F1, we intend to discuss maintenance of status, including such issues as when are extensions needed, and reinstatement of status. 

a) Employment While Maintaining the Academic Student Status:


On-Campus Employment


During the student's first academic year, the only employment that may be accepted is on-campus employment. At most schools, on-campus employment opportunities are rather limited. Prospective students should check with the school for specifics. It may be that most of the on-campus jobs are reserved for those U.S. students who are participating in certain types of financial aid programs, so there may not be anything available for foreign or other students. Policies vary from school to school.

Off-Campus Employment in General

Off-campus employment requires a full time student to have completed at least one academic year of study before being eligible to apply. A student who is on an Academic Student Visa (F-1) may obtain permission to work in four circumstances: 
  • Curricular Practical Training,

  • Optional Practical Training, 

  • Unforeseen Economic Hardship, and 

  • Internship with an International Organization.

Students wishing to obtain either curricular or optional practical training must obtain employment that is related to the student's course of study, and the position must be explicitly for the purpose of practical training. This training cannot include English language training.

As indicated above, there are two types of practical training:

(i) Curricular Practical Training; and 

(ii) Optional Practical Training.

Curricular Practical Training

Curricular practical training (CPT) refers to programs that are a fundamental or an integral part of the existing curriculum. The training must be alternate work-study (alternating between classes and working); an internship; cooperative education; or any other type of required internship or practicum that is offered by a sponsoring employer through an agreement with the school. 

Students enrolled in a college, university, conservatory, or seminary are eligible to apply to the Designated School Official (DSO), often referred to as the International Student Advisor, for authorization to participate in a curricular practical training program. In order to qualify for CPT the proposed curricular practical training must be listed in the school's course catalogue with the number of credits awarded on completion, along with information about faculty supervision and a description of the course featuring a clear definition of the course objectives.

CPT can last as long as required or justified by the program. Students who have completed more than one year of full-time CPT, however, are ineligible to participate in post-completion optional practical training. 

Please note that for graduate students, some CPT programs may be authorized even during the first academic year. The DSO would be able to tell you what types of programs are available.

Optional Practical Training

Optional Practical Training (OPT) refers to practical training in two time periods: before the completion of the student's course of study, and after completion of degree requirements or the course of study. Such temporary employment may be authorized in the following situations: 

- When the school is not in session if the student is currently enrolled and intends to register for the next term or session.

- While school is in session, provided that practical training does not exceed 20 hours a week.

- After completion of all requirements for the degree (excluding thesis, if applicable).

- After completion of the course of study. 

OPT is available for a total of 12 months of full-time employment. Any period or increment of OPT will count toward the total 12 months. For example, part-time practical training for 20 hours per week for a six-month period will be counted toward the 12 months allowed at a rate of half the time. This means that 3 months will have been used up of the total 12 months allowed (6 months of employment X half time ½ = 3 months of full time employment).

Miscellaneous Points on OPT

- All practical training must be completed within 14 months after the completion of study. 

- OPT is available only in an occupation that is directly related to the student's major area of study. 

- Students in English language, elementary, or secondary programs are ineligible for OPT. 

- Transfer to another school automatically terminates authorization of practical training employment. 

- Even with approval from the DSO, a student must obtain separate work authorization from the INS.

- Post-completion OPT is for full-time employment only and must be applied for between 90 days before completion to 30 days after completion of the course requirements.

Severe Economic Hardship

After the first academic year, if a student can demonstrate that a "severe economic hardship" was caused by unforeseen circumstances beyond her/his control, it may be possible to obtain work authorization. To qualify for off-campus work, the student must pursue a full course of study (12 credit hours) and be in good standing with the college or university. During the semester s/he is permitted to work up to 20 hours per week. During the summer and holidays the student may pursue full-time, temporary employment. 

Severe economic hardship is decided on a case-by -case basis. The more documentation that can be provided, the better. An example of severe economic hardship is if the financial support program that is sponsoring the student becomes defunct or the family member that has provided the financial backing is no longer able to provide the support offered. 

In addition, the INS Commissioner may suspend all or some of the student employment rules for emergent reasons by issuing a notice in the Federal Register. This occurred with respect to students from Indonesia, South Korea, Malaysia, Thailand and the Philippines a few years back when a currency devaluation crisis left the students without financial support from their sponsors back home.

Internship with International Organization

A student may also accept a paid internship from a qualified international organization. The organization must state in writing that the student's employment is within the scope of the organization's sponsorship. The application must be made in person, directly to the local INS office. 

b) Family of an F-1 Holder

The immediate family of an F-1 holder may accompany or "follow to join" the student on dependent F-2 status, if the student is or will be enrolled in a full course of study or participating in an approved practical training program within 60 days. If the student is a minor, his/her parents may attempt to enter on a B-2 visitors visa and seek and obtain extensions as long as they can demonstrate their intent to return, i.e. not remain permanently in the U.S. Practically speaking, it may be difficult to obtain the B-2 visa for this purpose.

[See also, F-1 Academic Student Visa Overviews : (Part 1) | (Part 3)


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