Under the immigration rules, F-1 and J-1 status students are authorized to work on the campus of the institution that they are authorized to attend for a maximum of 20 hours a week while classes are in session. (The institution they are authorized to attend is the institution having jurisdiction over the student’s Student and Exchange Visitor Information System (SEVIS) record.) Students may work full-time on campus when classes are not in session, such as during summer vacation, if they intend to enroll at the institution for the next regular academic year, term, or session. Students may not begin on-campus employment more than 30 days before the actual start of classes.
The School as
Other employers operating on the premises of the school can qualify as on-campus employers if they give benefits to the students, faculty, and/or alumni of the institution. For example, cafeterias that provide meals at a discount for students would be considered on-campus employers. Employment on the school’s premises for employers that provide no direct student benefits, such as work at a construction project on the campus of their institution, does not qualify as on-campus employment. Therefore, a McDonald’s or Pizza Hut operating on the school’s premises that provides no benefit to students other than convenience would not qualify as on-campus employment.
Employment Not On the School’s Premises
In either case, the employment must be an integral part of the student’s educational program.
professors have contract-based research grants, which are not paid through
the institution, the immigration service expanded the definition of
on-campus employment. Because graduate students conducting research under
the supervision of such professors at their institutions are similar
graduate students with research assistantships, the immigration service
allows this employment to be treated as on-campus
F-1 students may also engage in curricular practical training (CPT) with authorization from their Designated School Official. CPT typically is on-campus, but sometimes takes place at another institution.
Paula Singer, Esq. CEO of Windstar Technologies, Inc. and partner in the tax law firm, Vacovec, Mayotte & Singer, Newton, MA has over 25 years of experience providing advice and compliance services to employers on cross-border employment matters. For more information, visit www.windstar.com. For additional information, call 1-800-259-6398 or email: firstname.lastname@example.org
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