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Foreign nationals entering the United States to
pursue a degree program at a United States university or college are issued
an F-1 Visa. This visa allows them to remain in the United States throughout
the course of their educational program. To obtain an F-1 Visa, the student
must first be accepted at the school, obtain an I-20 from the Foreign
Student Advisor at the school and then present these documents to a U.S.
consulate to obtain visa. The consulate will issue the F-1 visa if the
student can show sufficient resources to finance their tuition and living
expenses in the United States, and that the student has a foreign residence,
which the student intends to return to upon completion of the educational
program
Dependents: Spouses
and minor children of F-1 Visa holders may be issued F-2 visas if the
student can show an ability to support family members while residing in
the United States. F-2 Visas may be obtained at the same time as F-1 visas
by showing the required family relationships and financial documentation.
F-2 Visa holders are not permitted to work in the US, but may attend school.
Arrival in the U.S. Upon
entry into the United States, the student will receive an I-94 Departure
Record which indicates the date of entry and a notation of "D/S".
This notation stands for "Duration of Status." The I-94 card
will allow the student to remain in the United States as long as they
are continuing their course of study on a full-time basis.
Employment During Course of Study: Students
are eligible for several types of employment authorization while participating
in their degree program.
On-Campus Employment: Students
may be employed on campus for 20 hours or less per week. During vacations
and other recesses this time period may be increased to 40 hours per week.
Positions that would qualify for on-campus employment include positions
in the library, dining hall, bookstore, etc. On campus employment is only
available during the course of the students study. An Employment
Authorization Document from the INS is not required.
Curricular Practical Training: Students
may also be eligible for curricular employment. This type of employment
would include internships and other employment opportunities that are
a part of the student's course of study, and for which the student will
receive educational credits. It should be noted, however, that students
who receive one year or more a full-time curricular practical training
are ineligible for Optional Practical training upon the completion of
their degree program. Curricular practical training is not available to
students during the first nine months of their education. An Employment
Authorization Document from the INS is not required.
Economic Necessity: Students
who are facing economic difficulties may also obtain work authorization
while they are pursuing a full course of study. This employment is limited
to 20 hours per week and the student is required to obtain an Employment
Authorization Document (EAD) from the INS. To obtain the required EAD
card, the student must show strong evidence of economic necessity. This
benefit is only available to students who have completed one full academic
year and are in good academic standing.
Optional Practical Training:
Students are limited to a total of 12 months of Optional Practical Training.
Employment taken under this program must be related to the student's course
of study and approved by the Foreign Student Advisor. Students must obtain
an EAD prior to commencement of employment.
Pre-Graduation: Students
may use their Optional Practical Training prior to graduation. Employment
is limited to 20 hours per week while school is in session and may be
increased during annual vacations and school recesses. Any periods spent
in pre-graduation practical training will be subtracted from the overall
ceiling of 12 months on all optional practical training. For this purpose
part-time employment willbe counted at half the full-time rate, i.e. one
month of part-time pre-graduation practical training is equal to two weeks
of optional practical training.
Post-Graduation: Upon
on completion of a degree program, students are eligible for one year
of Optional Practical Training. All optional practical training must be
completed within 14 months of the student's graduation from the degree
program. Students may not commence employment until they have obtained
an EAD from the INS.
Obtaining an EAD: To
obtain an EAD, a student must have their I -20 annotated by the Foreign
Student Advisor overseeing their studies. The notation must indicate that
the student is cleared for employment and indicate the dates the student
is eligible to work. The student must then submit an application for a
Employment Authorization Document (I-765) to the Immigration and Naturalization
Service along with a check in the amount of $100, the original I-20, and
two INS-style photographs.
The INS will then issue an Employment Authorization
Documents to the student by mail. The document is similar to a driver's
license and will contain the student's picture, signature and state the
dates of the authorized employment. It normally takes the INS between
90 and 120 days to complete the processing for an EAD. For employment
programs where an EAD is required (Economic Necessity & Optional Practical
Training), students are not permitted to commence employment until they
have received their EAD.
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