Employment means the rendering of services on either a part-time or full-time basis for compensation, financial or otherwise, including self-employment. An F-1 student may accept employment or engage in business only under certain conditions, and only after obtaining approval. Generally, students are not permitted to be employed off of the campus without special authorization from the International Student Advisor or the Immigration and Naturalization Service (INS). Because the regulations and details about employment often are under revision, please check with the International Student Advisor for any updates or changes to immigration policy concerning employment.
The INS considers that the primary purpose of any person in F-1 nonimmigrant status is to be a student. Work must not interfere with that objective, and therefore is limited to 20 hours a week while school is in session.
The regulations divide employment of F-1 students into several categories: on-campus employment, off-campus employment, practical training, and employment sponsored by a certain type of international organization.
ON-CAMPUS EMPLOYMENT
Students in F-1 status are permitted to accept on-campus employment at the institution he is authorized to attend provided the student is maintaining a full course of study. On campus employment primarily means work performed on the school's premises. It includes employment with on location commercial firms which provide services for student on campus, such as the school bookstore or the cafeteria. It may also include work at an off-campus location which is educationally affiliated with the school.
On-campus employment is limited to 20 hours per week while school is in session, and the student must maintain a full course of study. During the summer, and other shorter vacation periods, the student may work more than 20 hours per week provided he is eligible and intends to register for full-time course status for the next academic term.
On-campus employment is not permitted after completion of a course of study unless the student has been authorized a period of practical training or has been issued a Form I-20 to begin a new program and intends to enroll in the next academic term.
OFF-CAMPUS EMPLOYMENT BASED ON ECONOMIC HARDSHIP
To apply for permission for employment based on economic hardship, students will have to apply for an Employment Authorization Document (EAD) on Form I-765 at the INS office having jurisdiction over their place of residence. A completed Form I-538 (which must be certified by the Multicultural Center student advisor), an application fee, and the student's Form I-20 should also accompany the I-765 application.
The rule mandates that a student must first make a good faith effort to locate employment on campus before applying to the INS for employment based on economic hardship. A student should consult with the Multicultural Center student Advisor to determine whether there are any employment opportunities available on-campus. If employment is unavailable, the Multicultural Center student advisor's certification on
Form I-538 should satisfy the requirement that the student has made a good faith effort to locate other employment.
To qualify for permission to accept off-campus employment you must:
1) Have been a student in F-1 status for one full academic year (nine months). Students are not eligible to work off campus before the completion of one academic year.
2) Be maintaining lawful F-1 status, be a full time student in good academic standing, as determined by the Multicultural Center Advisor.
3) Agree not to accept employment for more than 20 hours per week while school is in session. F-1 students are permitted to work for more than 20 hours during vacation periods if they will resume studies at the same school following the vacation and have been authorized to accept off-campus employment.
PRACTICAL TRAINING
A student in F-1 status may be eligible to engage in temporary employment for practical training in the major field of study, both before and after completion of studies. Practical training before completion of studies is designated by INS as Curricular Practical Training. INS has published an interim rule to restore regulations that were eliminated in the regulations of October 1991 concerning Precompletion Practical Training, which was a previous provision for students in F-1 status. The interim rule is effective immediately, however complete details concerning the new rule will be made available to students when finalized. INS has combined Precompletion and Postcompletion practical training into Optional Practical Training. To be eligible for either practical training, the student must have been in lawful status for nine consecutive months.
Curricular Practical Training
Immigration allows F-1 students to participate in a curricular practical training program if the employment is an integral or important part of the curriculum. Curricular practical training is defined to be alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school. To apply for curricular practical training, the student must complete the following procedures:
1. Locate employment that qualifies for curricular practical training.
2. Get a recommendation letter from the Program Director.
3. Enroll in the assigned course that qualifies for curricular practical training.
4. Bring the following to the Brookhaven College Office before registration:
Copy of the recommendation letter Copy of the registration form
Completed Forms I-538, I-20, passport, and I-94
The Multicultural Center student advisor, upon verification that the student is in full-time status, is in good academic standing, and has been an F-1 student for at least nine months prior to the application can authorize curricular practical training.
Optional Practical Training
An F-1 student may apply to INS for optional practical training directly related to the student's major area of study in the following cases:
1) During the student's annual vacation and at other times when school is not in session if the student is currently enrolled and intends to register for the next school term;
2) While school is in session, provided that practical training does not exceed twenty hours a week;
3) After completion of course requirements (but before completion of a course of study), excluding a thesis or the equivalent, if the student is in a bachelor's, master's, or doctoral degree program;
4) After completion of the course of study. It is not necessary to have an offer of employment to apply for practical training.
To be authorized to engage in practical training, a student must apply to the Multicultural Center student advisor, on Form I-538, for recommendation for practical training. The advisor must certify that the proposed employment is directly related to the student's field of study and commensurate with the student's educational level. The advisor must also endorse the student's I-20 to show whether that optional practical training in the student's field of study is recommended "full-time" or "part-time". All students applying for optional practical training must apply to INS for the Employment Authorization Document (EAD). To be eligible for practical training, a student must have been in F-1 status for at least nine consecutive months. The following documents must be submitted to the International Student Advisor within a prescribed application period:
1) A completed Form I-765
2) $100 application fee (made payable to INS)
3) A completed Form I-538
4) I-20, I-94, and passport
5) Signature card
6) Two photographs (passport size)
7) Letter from student requesting optional practical training
Based on the Multicultural Center student advisor's recommendation, students must apply for an Employment Authorization Document (EAD) with the INS. The Multicultural Center Student Advisor will mail the application to INS. Within 10 days you should receive a confirmation of receipt of the application. All applications are processed according to filing date. The EAD card will be mailed directly to the student once they are approved.
Optional practical training is limited to 12 months. Part-time optional practical training, 20 hours per week or less, shall be deducted from the available optional practical training at one-half the full time rate. A student must complete all allowed practical training within a 14-month-period following the completion of study. A student seeking practical training may not accept employment until he has been issued an EAD by the Immigration Service that indicates the practical training authorization and the authorized period for employment.
A student may apply for practical training even if he intends to engage in another course of study. However, and F-1 student may be authorized to engage in postcompletion practical training ONLY ONCE for the duration of student status.
SOCIAL SECURITY (FICA)
Social Security taxes (FICA) should not be withheld from your wages if you have been authorized to accept employment (SSA 7810056,"Social Security Coverage for Foreign Students and Exchange Visitors"). However, under current FICA regulations, F-1 students who have been in the US for at least five years are considered "residents" for tax purposes and are subject to the withholding of Social Security taxes. On-campus employment is exempt from Social Security taxes regardless of the time the student has been in the US
THE 1986 IMMIGRATION REFORM AND CONTROL ACT AND THE FORM I-9
In 1986 the Congress of the United States passed a law, the Immigration Reform and Control Act (IRCA), that penalizes employers who hire non-immigrants who are not authorized to accept employment. The Act contains a section specifying the classes of aliens, including students in F-1 status, who are authorized to accept employment, and a section specifying particular documents that must be presented to establish eligibility for employment. When an F-1 student begins any employment (on-campus or off-campus), he will be required to complete a Form I-9 and present positive identification with a photo (i.e. passport, driver's license), and proof of eligibility to work. For off-campus employment, students will need to check with the Multicultural Center student advisor for proper endorsements to satisfy the requirement on the Form I-9.
SOCIAL SECURITY CARD INFORMATION
The United States Federal government assigns a social security number to all US citizens and temporary residents who apply for one. It is primarily used to identify people for old age benefits and survivor's insurance. Most banks require a number for establishing a savings account. A social security account number is usually requested when working off campus, and may be useful when obtaining a driver's license. Because all international students must file an annual Nonresident Tax form with the Internal Revenue Service (See United States Federal Income Tax Information), ALL INTERNATIONAL STUDENTS MUST HAVE A SOCIAL SECURITY ACCOUNT NUMBER.
To obtain a Social Security Account Number you will need to apply for a Social Security card at a local Social Security Office. Form SS-5, Application for a Social Security Card, is the appropriate form to request an original Social Security number. You may access Form SS-5 on the Internet at
http://www.ssa.gov/online/ss-5.html.
The nearest Social Security Administrative Office to Brookhaven College is listed below. The office's hours of operation are Monday through Friday, 9 a.m. to 4 p.m.
Social Security Administration Office
10600 Steppington Drive, Bldg. 2, 1st Floor
Dallas, TX 75230
Phone: 1-800-722-1213 TTY (for the hearing impaired): 1-800-325-0778
HOW TO APPLY FOR A SOCIAL SECURITY CARD
The Social Security Administration does not charge a fee for Social Security cards. There is no need to pay anyone for the service of issuing a Social Security Account Number card.
You must apply in person at the nearest Social Security Administration Office if you are an alien because your immigration documents should not be mailed to the Social Security Administration.
Social Security law requires that you furnish evidence of your age, identity and lawful alien status when you apply for a Social Security Account Number card. The evidence you should submit must be original or certified documents. Uncertified or notarized documents cannot be accepted. All documents submitted as evidence will be returned to you.
If you are an alien living in or visiting the United States, you should bring in your foreign birth certificate (if available) or passport and one or more of the following:
1) Alien Registration Card Form I-151 or Form I-551
2) US Immigration Form I-20 (Student Copy)
3) Letter from the Brookhaven College Multicultural Student Advisor
4) Form I-94
You can be issued a Social Security Account Number to use for work only if you are a permanent resident alien or are otherwise authorized to work by the Immigration and Naturalization Service; or if you are allowed limited employment at the school you are attending. Contact the Brookhaven College Multicultural Center Office to request a letter for you to take with you prior to you going to the Social Security Administration Office. When completing the application for a Social Security number, you will need to indicate citizenship as "Foreign Student Allowed Restricted Employment" if you are on an F-1 visa.
A SOCIAL SECURITY ACCOUNT NUMBER CARD IS NOT A WORK PERMIT
If you are lawfully admitted to the United States but are NOT permitted to work and have a valid need for a Social Security Account Number, you will be issued a number if you present evidence of such need. However, your record and the card will be marked to show that the number is not valid for employment.