On-Campus
Employment for Students in F-1 Status
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This page is designed for F-1 students. It should provide
you with an understanding of:
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1. how "on-campus employment" is defined by the U. S. Citizenship
and Immigration Service (USCIS), which is different in some important
respects from commonly-held definitions,
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2.
conditions which must exist for employment to be lawful, and
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3.
employment regulations which cover special circumstances.
Eligibility
Requirements
- You may
work on campus provided:
1. you are maintaining F-1 status,
2. you do not work more than a total of 20 hours per week (including
any off-campus work you may have been authorized to perform) while school
is in session and
3. you do not displace a U. S. resident.
You may be employed full time during holidays and vacation periods,
including summer vacations, provided you are eligible and intend to
register for the next school term. ALTHOUGH FEDERAL REGULATIONS ALLOW
FOR FULL TIME ON-CAMPUS EMPLOYMENT DURING VACATIONS, YOUR PROGRAM OR
DEPARTMENT MAY HAVE OTHER RESTRICTIONS AND POLICIES THAT LIMIT THE
AMOUNT OF ON-CAMPUS EMPLOYMENT DURING VACATION PERIODS. IF THIS IS
THE CASE THEN THESE POLICIES TAKE PRECEDENCE.The 20-hour-per-week limit
on your employment while school is in session applies to all types
of on-campus employment discussed in this handout.
A 20-hour-per-week graduate assistantship, for example, would exhaust
your academic year on-campus (and off-campus) work eligibility.
WARNING: Students on fellowships
and assistantships will not qualify for on-campus employment. Click
here for more information.
Students
Attending Schools on the Quarter or Trimester System
If you attend
a school which is on a quarter or trimester academic calendar and have
completed an academic year (usually eight to nine months), you are eligible
to take any one of the subsequent quarters or trimesters as your vacation
term instead of taking a summer vacation. Students who do this may work
full time during that vacation period. If you qualify for and wish to
do this, please contact the Bechtel International Center before you do
so.
Authorization
of Eligibility
If a particular
on-campus job meets certain requirements which are explained in this handout,
work in that job is permissible and is automatically authorized by USCIS
regulations. However, you should contact the Bechtel International Center
before beginning any on-campus employment.
Jobs Which
Qualify as "On-Campus Employment"
1. Employment
by Your School
On-campus work performed for your school is usually acceptable, whether
it is employment in the library, the computer center or the housing
office, or work required by a scholarship, fellowship or assistantship.
2. Other
Employment on Your School's Premises
Work performed
on your school's grounds is "on-campus employment" as long
as the employer provides direct services to students. Employment in
your school bookstore or cafeteria, both of which provide direct services
to students, is acceptable even if the bookstore or cafeteria is operated
by a private, commercial firm. Work for a construction company which
is erecting a campus building is not acceptable since the construction
company does not provide direct student services.
3. Work
Off Campus Which Qualifies as On-Campus Employment
Immigration
regulations allow you to work at an off-campus location provided (1)
the location is educationally affiliated with the school, (2) the
educational affiliation is associated with your school's established
curriculum or is related to a graduate level research project which
your school has contracted to perform, and (3) the work is an integral
or important part of your program of study. For example, if your
field of study is marine biology and your school has an off-campus
marine biology research facility, you may work there and that employment
will be defined as "on campus".
Note: You should contact the Bechtel International Center before
beginning any "on-campus" employment. While employment by
your school is clearly explained, the other two types of "on-campus" jobs
described above are more difficult to define.
4. On-Campus
Employment, School Transfer and Completion of Study
- If you
:
1. are in lawful F-1 status,
2. have received a Form I-20 from a new school where you wish to continue
study and
3. intend to enroll at the new school for the next regular academic
term or session, then you may
continue on-campus employment at your first school until you move
to your new school or you may
begin employment at your new school immediately even though you may
not yet be attending classes
at that school.
- Please
note that if you do not intend to continue further study in the U.
S., you may not be employed on campus after you have completed
a program of study unless you have applied for and been granted
written permission to engage in a type of employment the USCIS
calls "post-completion
practical training".
Employment
for F-2 Dependents
Immigration
regulations prohibit all employment for F-2 dependents (spouses and children
of F-1 students).
Employment
Eligibility Verification
When you
begin work, you and your employer must complete a form entitled "Employment
Eligibility Verification" (USCIS Form I-9). The I-9 must be updated
each time you renew your work permission.If you are currently working
on-campus and the program end date of your new I-20 has been extended
beyond the program end date of your old I-20, you must immediately take
a copy of your new I-20 to the Payroll Office at 655 Serra Street so
that your I-9 form can be updated. Your failure to do this immediately
will result in an interruption of your pay.
Social
Security Taxes
In general,
F-1 students who have been in the U. S. less than five years are exempt
from Social Security (F.I.C.A.) withholding. Further information may
be found in a booklet entitled "Social Security Coverage for Foreign
Students & Exchange Visitors", available from your local Social
Security Administration office.
Federal, State and Local Taxes.
The earnings of F-1 students are subject to applicable federal, state
and local taxes, and these amounts should be withheld from paychecks.
You must file an income tax return on or before April 15 of each year,
which will determine if any of the withheld taxes can be reclaimed.
A Note
of Caution
While USCIS
regulations provide a variety of opportunities for you to be employed
during your time in F-1 status, working improperly or without authorization
is a serious violation of your status. You should therefore consult with
your foreign student adviser before taking up any employment.
Failure
to Comply with Employment Regulations
It is your
responsibility to comply with all Immigration regulations which apply
to F-1 students. Staff in the Bechtel International Center have responsibility
for advising and counseling you regarding your responsibilities. If you
fail to comply with your responsibilities, you may not be eligible for
benefits normally granted to F-1 students and, in some situations, you
may be subject to deportation.
Further
Information
Additional
information on employment is available from the Bechtel International
Center. Staff there are pleased to offer information, counseling and assistance
on all federal regulations related to maintaining your student status. Please check our website for weekly employment presentations.
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