Can You Work in the US with a Student Visa?
Students may be eligible to work, depending on the type of student visa they have and the type of work they seek.
Working On-Campus
Students with F-visas (for academic study) are permitted to work on-campus without receiving any special authorization when the work is a condition of a scholarship, fellowship, assistantship or grant they received from the school. They also may be able to work other on-campus jobs so long as it will not displace US workers.
In order to qualify, the on-campus job must be 20 hours or less per week while classes are in session. The student can work full-time during school breaks so long as the student remains in good academic standing and enrolls for classes for the next term.
Working Off-Campus
Students with F-visas seeking work off-campus must apply for employment authorization from the US Citizenship and Immigration Services (USCIS). Only students who can show that they are suffering severe economic hardship that resulted from unforeseen circumstances outside of their control are eligible for off-campus employment.
Before seeking employment authorization from the USCIS, F-visa students must exhaust all possibilities of employment on-campus. Further, the school's designated official to the USCIS must certify that there are no available campus positions capable of meeting the student's financial needs. The student must have completed one academic year of study (9 months) before he or she can begin working off-campus. However, the student can apply for employment authorization before the 9 month period has ended.
Practical Training
F-visa students are permitted to complete a total of 12 months of practical training, either while they are in school or after they have completed their studies. Students are required to have completed one academic year before they are eligible for practical training. Graduate students who are required to immediately begin curricular practical training are not subject to this waiting period.
Students wishing to participate in a practical training program must fill out an application. The requirements vary depending on the type of program the student applies for and whether the student is seeking to begin the program while still in school or afterward.
M-Visas
Students with M-visas (vocational or technical study) are not allowed to work on-campus or off-campus unless they received their visas prior to August 1, 1983. However, they are allowed to participate in one single period of practical training for up to six months. The amount of time an M-visa student is permitted to engage in this training is determined by the amount of time they spent on their course of studies. For every four months of full-time study, an M-visa student is permitted 1 month of practical training.
To learn more about working while in the US on a student visa, contact experienced immigration lawyer Gary T. Jodha.
