On-Campus Employment
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
Employer
On-campus employment is “incident to status” and does
not require authorization. When the foreign student’s school is the
employer, the only restriction is that the employment cannot “displace
United States residents.” Typical student work in the school’s library,
bookstore, cafeterias, or administrative offices is not considered
displacement of a United States resident. Student employment may also
include teaching or research assistantships.
Other
On-campus Employers
Generally, work that is on the premises of
the institution where the student is enrolled meets the definition of
being “on-campus.” However, it is not unusual to have the school’s
bookstore or cafeterias operated by commercial entities in which case
employment is with that entity rather than with the school.
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.
On-campus
Employment Not On the School’s Premises
Some employment that
is physically not on the campus of the institution where the student is
enrolled may still qualify as “on-campus.” Employment that is at an
off-campus location that is educationally affiliated with the foreign
student’s school of enrollment may qualify as on-campus employment. Under
the immigration rules, such affiliated off-campus locations meet the
definition of being “on-campus” if the affiliated entity is:
- Associated with the
school’s established curriculum or
- Related to
contractually funded research projects at the post-graduate level
In either case, the
employment must be an integral part of the student’s educational
program.
Because many
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
employment.
Other Off-campus
Employment
Employment that fails to meet the definition of
on-campus employment is considered off-campus employment. Foreign students
may work off-campus only if they have obtained the proper authorization
for the employment as follows:
- F-1 students may be
employed off-campus for “economic hardship” provided they have first
obtained an employment authorization document (EAD) from the immigration
service.
- F-1 students may
engage in off-campus optional practical training (OPT) after first
obtaining an EAD.
- J-1 students may
only work off-campus if the employment they have received prior written
authorization from their Responsible Officer (RO). Eligible J-1 Exchange
Visitors may also engage in off-campus “academic training” with prior
written authorization from their RO.
- M-1 students may
engage in off-campus OPT after first obtaining an EAD.
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.
Unauthorized
Employment
Foreign students who work more than 20 hours a week
while school is in session, or who work when or where they are
unauthorized to work, are in violation of their student status. Because of
the potentially serious immigration ramifications to foreign students who
work without authorization, institutions need to be diligent in their
oversight of their foreign students’ employment situations.
About The Author
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: info@windstar.com
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
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