Rules for F-1 student visa holders about working on and off school premises, reinstating status after a violation, and more.
Studying in the U.S. as a foreign student can be expensive. Even with family support and perhaps a scholarship, you could face costs that you either need or want to pay for on your own. That's when it helps to take advantage of the possibilities (narrow though they are) to accept employment in the U.S. while on an F-1 visa. But you also need to know the limitations, so as not to violate the rules and risk and end to your student status. That's what this article will discuss.
Why Can't F-1 Students Take Whatever Jobs They Want in the United States?
Strict rules regulate F-1 students' place of employment, hours per week, and in some cases, type of employment. Simply committing an "employment violation" automatically throws you out of lawful F-1 status. Once you are out of status, you will need to file an application for reinstatement to get back into proper F-1 status (covered below)—or face possibly accruing unlawful presence in the United States.
Worse yet, if the employment violation rises to the level of so-called unauthorized or illegal employment, reinstatement to F-1 status will not be an option for you and you will face serious immigration repercussions, as also described below.
Because the consequences of a simple F-1 employment violation differ so drastically from unauthorized or illegal employment, it is important to understand the subtle differences.
Limits on Employment That F-1 Students May Accept
F-1 students are for the most part authorized to work only on their school's campus. In fact, your ability to work on-campus is "incident to status," meaning that as long as you are maintaining proper F-1 status (by attending classes full time and making good progress toward the completion of your degree), you have general authorization to work on campus and won't need to apply for a work permit card to do so.
For work anywhere else, you will need to seek special work permission from either your Designated Student Officer (DSO) or U.S. Citizenship and Immigration Services (USCIS), and in most cases must wait until you've spent a year studying.
Possible types of off-campus employment include CPT (Curricular Practical Training), OPT (Optional Practical Training), as well as severe economic hardship work authorization.
The regulations also limit the number of hours you are allowed to work—20 hours per week during the school term and 40 hours per week during holiday breaks and vacations. (See 8 C.F.R. § 214.2(f)(9)).
The U.S. government occasionally makes exceptions to the work requirements for students from certain countries experiencing disaster, civil strife, and the like. Most often, it allows students from the named countries to reduce their course load and apply for off-campus employment even if they've been in school for less than a year.
Working During Your Pre-Departure Grace Period Is Not Allowed
The 60-day grace period at the end of your permitted stay as an F-1 student is meant to be used for getting ready to leave, enjoying a last few days touring the United States, and that's it. No working and no studying are allowed at this time. To do either would be considered a violation of your visa status.
Make sure to count those 60 days correctly. The grace period doesn't start the day of your graduation ceremony, but earlier, on the day you complete your final degree requirement (probably shown as the "complete studies no later than" date on your SEVIS Form I-20). For students at some colleges, this is a difference of many days.
What Are F-1 Visa Employment Violations?
Any deviation from the strict F-1 employment rules described above is an employment violation. In addition to unauthorized employment as discussed below, there are two types of violations of "authorized" employment that can negatively affect your F-1 status.
When Working on School Premises Is Not Actually 'On-Campus' Employment
The fact that your job site is located on your school's premises does not necessarily mean that the job qualifies as legitimate on-campus employment for immigration purposes. There are normally two types of authorized on-campus employment:
- work on the school premises while employed directly by the I-20 issuing institution, and
- work on the school premises while employed by an on-campus commercial firm.
The first type of on-campus employment, being directly employed by the university, is easy to understand. Such employment typically includes working as a teaching or research assistant or in the school's cafeteria, library, or within a university department or administrative office.
The second type of employment, working on the school's premises for a commercial firm, gets more complicated. Commercial firms are common on university campuses because the school finds it cheaper to outsource service units such as the cafeteria and the bookstore rather than operate them directly. However, commercial firms must meet various special rules before they are considered legitimate on-campus employers. In order for a job with a commercial employer to be considered on-campus employment for immigration purposes, the services it provides must be in the direct service of students. The regulation states that employment "with on-site commercial firms, such as a construction company building a school building, which do not provide direct student services is not deemed on-campus employment...." (8 C.F.R. § 214.2(f)(9)(i)).
Before accepting any job located on campus, speak with your DSO, especially if your paycheck comes from any entity other than your school. The DSO can help you make sure that your employment is with a legitimate on-campus employer according to the F-1 regulations.
If you make a mistake and work with a company located on your school's campus that does not provide service directly to students, then you have committed an employment violation and are automatically thrown out of good F-1 status and must seek reinstatement in order to continue at school.
Working More Than 20 Hours Per Week During School Prohibited
Even when your place of employment is considered on-campus for immigration purposes, you are still limited as to the number of hours you may work. That's 20 hours per week during the school term and 40 hours per week during holiday breaks and vacations.
American students are not limited to part-time employment during the school term, so your university might not be aware of your special F-1 hourly limitations. It is your obligation to make sure that you don't work more than 20 hours per week. If you work even 15 minutes over the 20 hour per week limit, you have violated your F-1 student status.
How do U.S. immigration authorities find out that you worked over 20 hours per week? The payroll office at your school keeps close tabs on the working hours of each employee. That office communicates directly with your DSO to inform them that you have worked over your 20-hour limit.
Applying for Reinstatement to F-1 Status After a Violation
If you violate your status by committing either type of authorized-employment violation; whether working at an illegitimate on-campus location or working over your weekly limit; you are required to apply for reinstatement to lawful F-1 status.
Until you are reinstated, you must discontinue all work immediately but may (and should) continue to attend school. While waiting for reinstatement, you are not eligible to apply for any other F-1 benefit such as a Form 1-20 extension or either CPT or OPT work authorization.
Your DSO will help you with your reinstatement application. You are eligible to apply for reinstatement only within five months of the event that resulted in your employment violation. So if you think you might have violated your F-1 status, see your DSO as soon as possible. If you do not apply for reinstatement within five months of the event, or if USCIS denies your reinstatement application, consult an immigration attorney to inquire about your options.
Although applying for reinstatement isn't pleasant, it is a privilege not enjoyed by people who engage in unauthorized employment, described next.
What Is Unauthorized Employment for F-1 Students?
It can be tempting for students to try to earn extra cash by picking up additional work "under the table" or without authorization. Working for cash as a gas station attendant, a waitress, a cook or a dishwasher are popular ways to do so.
However, working without one of the types of authorization described above can get you into trouble. As the immigration regulations state, "Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status." (See 8 C.F.R. § 214.1(e)).
If you are working off-campus without special permission from your DSO (for CPT) or USCIS (for OPT or severe economic hardship), then you are engaging in unauthorized or illegal employment. If you begin working without authorization and later receive authorization, the time you worked without permission is still considered illegal employment. Even working without permission on the campus of a university you previously attended is unauthorized employment.
Consequences of Engaging in Unauthorized Employment While in F-1 Student Status
What happens if you disregard the rules described above? Accepting illegal employment can directly hinder your ability to legally live, work, or visit the United States now and in the future. A proven incident of unauthorized employment will make you ineligible for reinstatement to lawful F-1 status.
Another issue is that, as soon as you engage in illegal employment, you could be found to be unlawfully present in the United States. Accrual of more than 180 days of unlawful presence will subject you to a three-year bar on reentry (if you leave the U.S.) and one year of unlawful presence will subject you to a ten-year bar on reentering the United States. (See Consequences of Unlawful Presence in the U.S.—Three- and Ten-Year Time Bars.) If you find yourself in this situation, consult an immigration attorney immediately.
Getting Legal Help
Although the DSO at your school will normally be your main source of guidance regarding use of your F-1 visa, if circ*mstances arise where your status is at risk, or if you are no longer attending school and thus have no access to your former DSO, you might want to speak to an attorney. See Choosing, Hiring, or Firing an Immigration Attorney.
FAQs
Visa restrictions on working
If you are studying full-time at degree level, during term-time you may not work more than 20 hours per week. If you work more than 20 hours in any one week you will be breaching your visa and this could prevent you from obtaining a new visa in the future or completing your studies.
How can you lose F-1 status? ›
F-1 status can be lost most commonly from lack of full-time enrollment, allowing the I-20 to expire inappropriately, or working without proper authorization. Please monitor your immigration status carefully and read email reminders from ISSS to avoid losing your status!
Are F-1 students legally allowed to work in us? ›
Answer: Yes. As an international student on an F-1 visa, you have work authorization through CPT and OPT. Also, students on other visas typically have work authorization as well.
How long can a F-1 student stay in the US without attending school? ›
F1 students must maintain the minimum course load for full-time student status. They can remain in the US up to 60 days beyond the length of time it takes to complete their academic program, unless they have applied and been approved to stay and work for a period of time under the OPT Program.
What happens if you get caught working on a student visa? ›
Simply committing an "employment violation" automatically throws you out of lawful F-1 status. Once you are out of status, you will need to file an application for reinstatement to get back into proper F-1 status (covered below)—or face possibly accruing unlawful presence in the United States.
What will happen if you do your work on time? ›
Arriving to work early or on time can highlight your trustworthiness and reliability as an employee. Consistently being punctual can also help show that you meet standards of professionalism, which can increase your value as an employee and help you advance your career.
What happens if you violate F-1 status? ›
A violation of your immigration status will result in the termination of your SEVIS record (I-20). If that happens, according to the U.S. government, you would not be in legal status ("out of status") beyond any grace period you may be eligible for.
What are four common reasons why an F-1 student's SEVIS record is terminated? ›
Reasons for the termination of a SEVIS Record include:
Expulsion and suspension. Failure to enroll in classes. Enrollment in too many online classes. Failure to report OPT employment (automatic action by SEVIS, the database that produces your I-20)
Can F1 visa be terminated? ›
When an F-1/M-1 SEVIS record is terminated, the following happens: Student loses all on- and/or off-campus employment authorization. Student cannot re-enter the United States on the terminated SEVIS record. Immigration and Customs Enforcement (ICE) agents may investigate to confirm the departure of the student.
Do F-1 students work illegally? ›
You must have permission to be employed.
For example, F-1 students can work on their campus for up to 20 hours a week without applying for permission. Working above 20 hours per week while enrolled can result in severe immigration consequences - even if you are working for cash payments or "under the table."
You may be wondering how will the USCIS know that you're working without authorization. In many cases, they will know through your tax returns, resume, or visa support letter. In addition, the government is increasingly searching the internet for evidence of unauthorized employment.
What are the new rules for F1 visa? ›
United States Citizenship and Immigration Services (USCIS) have announced changes to F1 student visa rules. The new rules mean that international students will no longer have to submit multiple applications to extend their non-immigrant status.
How do I prove intent to return to my home country? ›
Here are 6 ways to prove your rootedness or strong family and social ties to your home country:
- Submit proof of property ownership.
- Submit your marriage certificate.
- Submit your children's birth certificates.
- Write a detailed cover letter.
Automatic visa revalidation allows most F-1 students to take a trip of less than 30 days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit.
Can F-1 students bring their parents to USA? ›
If your parent(s) or other family members, including children over the age of 21, wish to enter the U.S. temporarily to visit, they may enter on a B-2 tourist visa. As an F-1 or J-1 student, you should write an invitation letter to your relative or family member to submit with their B-2 visa application.
How do I report a F-1 student illegally? ›
Report an Immigration Violation
To report a person you think may be in the U.S. illegally, use the Homeland Security Investigations online tip form. Or call 1-866-347-2423 (in the U.S., Mexico, or Canada) or 1-802-872-6199 (from other countries).
Can you get deported for working on a student visa? ›
Working Without Permission
Another easy way to lose your student visa and get deported is working without permission. The Immigration regulations are very clear that an F-1 student who works without permission is no longer eligible for their visa.
How does a student visa get revoked? ›
Depending on the arrest, consular posts can choose to revoke student visas by simply sending a mailed letter or email. It is not uncommon for students to not even know their F1 visa has been revoked until they are refused reentry into the US at the airport after traveling abroad.
What happens if you work too many hours? ›
Too much work can be damaging to your mental and physical health. You're more likely to suffer from adverse health problems, including neck, back, or chest pain, stroke, coronary heart disease, type 2 diabetes, and anxiety.
Can I work more than 20 hours as a student? ›
You can work up to 20 hours per week. Working more than 20 hours per week is a violation of your study permit conditions. You can lose your student status for doing this, and may not be approved for a study or work permit in the future.
U.S. Citizenship and Immigration Services (USCIS) forgives unauthorized work only in very specific situations — for instance, a spouse of a U.S. citizen who worked without a work permit will not be barred from receiving a green card. Learn more here about the consequences of working without authorization.
What is 5 month rule? ›
The five month rule refers to the termination of a student's record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months.
How do I report a f1 visa violation? ›
USCIS Tip Form
- Instead, report these tips to Immigration and Customs Enforcement through the toll-free Homeland Security Investigations (HSI) Line, 866-347-2423, or use the HSI Tip Form.
- You may also report human trafficking tips by calling the National Human Trafficking Hotline at 888-373-7888.
If you fail a required course, you will have to take it again. A grade of F-did not attend or F-did not take the final or W (withdrawal) indicate you dropped below full-time enrollment and puts you out of status. This will result in termination of your I-20.
What happens if an international student gets suspended? ›
Once on suspension, you are required to meet with your international student advisor to discuss your options. Potentially, you may have to leave the United States for a period of time, if you are unable to transfer to another institution and enroll full-time at that institution.
Can an out of status F1 visa student get a green card? ›
A person who is not in valid visa status is expected to leave the United States right away. However, it is possible that this person will gain the theoretical right to a green card, such as by marrying a U.S. citizen or receiving a job offer from a U.S. employer.
What is F-1 grace period? ›
You have a 60-day grace period at the end of your F-1 program. The grace period ends when you depart the United States, or no later than 60 days after the end of the I-20 or your EAD card (if on OPT), whichever comes first.
How long can you leave us with F-1? ›
Once you complete your program of study and any authorized period of practical training, F students have 60 days after completion of your program (the program end date on your Form I-20) to leave the United States.
How long can we stay out F-1 student? ›
F-1 student visa
They can stay in the US for up to 60 days after finishing their academic program unless they applied for and were accepted to carry on working for a while under the OPT Program. F-1 students must complete their studies by the termination date on their I-20 form.
What happens if you work as an F-1 student? ›
For on-campus work, an F1 student is subject to the following rules: You must maintain valid F1 status. You can work up to 20 hours per week while school is in session. You can work full-time on campus during holidays and vacation periods if you intend to register for the next academic semester.
International students who reside in the U.S. on a student visa are only allowed to work on campus. If international students find a job off campus this will violate their visa status and if they get caught working off campus they might face the risk of being deported from the country.
Does IRS report to immigration? ›
Under IRS code, the agency doesn't share citizenship information with immigration or other federal agencies except in extreme circ*mstances.
Can an f1 student work remotely for companies not in the US? ›
This question lies squarely at the intersection of immigration & tax law, and the short answer is no. There is no law that allows working remotely in the U.S. for a foreign employer. Chapter 3 of IRS Publication 519, US Tax Guide for Aliens spells out why such remote work is not permitted.
Does USCIS show up at your house? ›
One of the things we've learned is that in many marriage cases, USCIS comes to visit the house. They want to make sure that the address on file is valid. That the couple has a valid lease there. That the couple is living together as spouses, that each spouse has evidence of staying there.
Can USCIS blacklist you? ›
There is no such thing as a "blacklist." Rather, if you have had prior violations of the Immigration & Nationality Act or other concerns, you may be deemed inadmissible to the United States as a result. You may or may not be eligible for a waiver of inadmissibility, depending on the underlying circ*mstances.
What violates an F1 visa? ›
engaged in unauthorized employment. failed to report optional practical training (OPT) employment or accrued 90 days or more of unemployment while on OPT. submitted fraudulent financial documentation to either obtain your student visa or extend your Form I-20. entered into a scam marriage to get a green card.
How does an F1 visa get Cancelled? ›
A student visa may also automatically get cancelled due to a break in the student's studies. This can happen if the student stops attending school or if the student takes time off to spend several months (more than approx. 5) abroad, without following the necessary procedures.
Can F1 visa lead to Green Card? ›
At a Glance: An F1 student visa holder can apply for a Green Card to live and study in the US permanently. There are a number of ways you can become a permanent resident.
What are considered strong ties to my home country? ›
“Ties” to your home countries are the things that bind you to your hometown, homeland, or current place of residence: job, family, financial prospects that you own or will inherit, investments, etc.
How do you prove strong family ties? ›
How can you prove family ties?
- Official documents.
- Other types of proof.
- Interview with the authorities.
- DNA tests.
What happens to my F-1 status? F-1 regulations require that students should be making “good academic progress”. However, DHS has recognized that students may fail a class and this does not affect your status.
What happens if I stay more than 6 months outside US? ›
If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States.
What happens if you fall out of F-1 status? ›
If you fail to maintain your F-1 status and your SEVIS immigration record is terminated, this means that you would be considered as out-of-status by the Department of Homeland Security and you would no longer eligible for on-campus employment, practical training, travel signatures for re-entry to the US, or any other ...
Can a F-1 student marry in US? ›
If you're a student on an F-1 visa, you can get married to a US citizen. The law states that you have to file the appropriate forms with USCIS before your F-1 visa expires. Applying for a marriage-based green card to stay and live legally in the US with your spouse is a process called “Adjustment of Status.”
Can I get married on F1 visa? ›
F1 Visa holders can marry while in school and apply for a Change of Status without seeking a waiver. Under such circ*mstances, the foreign student will most likely be able to remain in the United States.
How much money do you need for F1 visa? ›
F1 visa costs are around $510 per application, and you should apply at least three months before your course start date.
Can students on student visa work more than 20 hours? ›
Working hours
A student visa issued for full-time degree level studies allows you to work for a maximum of 20 hours per week during term-time. This is a maximum of 20 hours in total in any one week, including paid or unpaid work and for one or more organisation. The 20 hours cannot be averaged over a longer period.
Can international student work more than 20 hours now? ›
Starting today, international students can temporarily work more than 20 hours per week The temporary change is in effect until December 31, 2023.
What happens if an international student works more than 20 hours US? ›
International students are advised to carefully monitor their weekly work hours in order that they do not exceed 20 hours per week. If International Students work over 20 hours per week, they violate the regulations of their legal status which results in their loss of the right to work in the United States.
Can I work more than 20 hours during study break? ›
You can work full-time during scheduled breaks, like over summer holidays and during spring break.
Students may work full-time during summer and other breaks (as long as the student will return to school after the break) Student may work full-time after completion of all coursework, if a thesis or dissertation is still required and student is making normal progress towards the degree.
Are international students allowed to work over 40 hours? ›
Students can work more than 40 hours per fortnight even if their classes are ongoing. Students can seek employment before the start of their classes. Students are still required to maintain course enrollment, ensure satisfactory course attendance, and course progress, in compliance with their visa requirements.
Can I work 30 hours a week as a student? ›
With 6-11 credits, you can work as much as 20-30 hours per week. That is also the number of hours recommended even when you're working out of town (although your commute time might factor in). If you are near campus and are taking less than six credits, you can work between 30-40 hours.
What happens if I work 21 hours on a student visa? ›
If your program doesn't have scheduled breaks
Working more than 20 hours per week is a violation of your study permit conditions. You can lose your student status for doing this, and may not be approved for a study or work permit in the future. You may also have to leave the country.
Can F-1 students work more than 40 hours a week? ›
Yes. However, the F-1 student's total work hours for all jobs cannot exceed 20 hours during the school term. The F-1 student may work full-time during those periods when school is not in session or during the student's annual break.
Can I work off campus on f1 visa? ›
Off-campus employment is only available to F-1 students who have completed at least one full academic year of their program of study, and who have an economic hardship that qualifies for the Department of Homeland Security's emergent circ*mstances.
Can an F-1 student work remotely for companies not in the US? ›
This question lies squarely at the intersection of immigration & tax law, and the short answer is no. There is no law that allows working remotely in the U.S. for a foreign employer. Chapter 3 of IRS Publication 519, US Tax Guide for Aliens spells out why such remote work is not permitted.
How many work hours is too much for a student? ›
Research about students' working hours has shown that working up to 8-10 hours doesn't have a huge impact on students' academic performance, and that some form of work during university is crucial to securing graduate employment.
How many hours can you legally work as a student? ›
Young people can't work more than eight hours a day or more than 40 hours a week. Unlike adults, there is no opt out for this. If you work for two different employers on the same day, you still can't work more than a total of eight hours. In England you must be in part-time education or training until your 18th ...
What is the maximum time a student can work? ›
Changes to off-campus work hours
If you're eligible to work off campus, you can work up to 20 hours per week while classes are in session. During scheduled breaks, like the summer or winter holidays and spring break, you're allowed to work more than 20 hours.
