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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 the 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 U.S. without, 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 USCIS 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 of full-time curricular practical training
are NOT eligible 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 USCIS 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 USCIS. 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: F-1 Students
must apply for optional practical training (OPT) BEFORE graduation. F-1
students are now eligible for an additional 12 months of OPT after completing
a program at a higher level. For example, if a student uses 12 months
of OPT after his/her Bachelors degree, would be eligible for 12
more months of OPT after finishing a Masters degree. 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
will be 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 USCIS.
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 $120, the original I-20, and two USCIS
-style photographs.
The USCIS 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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