Are international students legally authorized to work in the US?
International students studying in the United States often have questions about their legal rights to work while pursuing their education. The answer to this question is both complex and multifaceted, as it depends on various factors such as the student’s visa status, the type of educational institution, and the nature of the work.
Visa Status and Work Authorization
International students in the US are typically admitted on an F-1 visa, which is designed for academic studies. The F-1 visa allows students to engage in on-campus employment, such as working as a teaching or research assistant, or in a position that is an integral part of their academic program. This type of work is known as Curricular Practical Training (CPT) and is authorized by the student’s designated school official (DSO).
On-Campus Employment
Students can work on-campus for up to 20 hours per week during the academic year and full-time during school breaks. However, it is crucial for students to obtain proper authorization from their DSO before starting any on-campus employment. Failure to do so can result in serious consequences, including the termination of the student’s visa status.
Off-Campus Employment
While on-campus employment is generally permitted, off-campus employment is subject to stricter regulations. International students may be eligible for off-campus employment under two main categories: Optional Practical Training (OPT) and CPT.
Optional Practical Training (OPT)
OPT allows international students to work in the US for up to 12 months after completing their academic program. Students may also be eligible for a 24-month extension if they are employed in a STEM (Science, Technology, Engineering, and Mathematics) field. To qualify for OPT, students must apply for authorization through their DSO and obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS).
Curricular Practical Training (CPT)
CPT is available to students who engage in off-campus employment that is an integral part of their academic program. This type of employment is authorized by the student’s DSO and must be directly related to the student’s area of study. CPT can be part-time or full-time and is typically available during the academic year or during school breaks.
Conclusion
In conclusion, international students are legally authorized to work in the US, but the extent of their work authorization depends on their visa status, the type of educational institution, and the nature of the work. It is essential for students to consult with their DSO and adhere to the regulations set forth by the USCIS to ensure compliance with their visa status and avoid any legal issues.
