Law Offices of Antone & Casagrande, P.C.

---

HomeAttorneysEmail UsPractice AreasCareersSitemapOur Blog     

 

F-1 International Student Employment (CPT/OPT)

During an F-1 student’s first academic year (9 months), school officials can allow an F-1 student to engage in limited “on-campus” employment without needing a separate Employment Authorization Document (“EAD”) issued the Immigration Service. “On-campus” employment refers to employment on school premises such as working in the library, school cafeteria, campus bookstore, student assistant positions, or employment at an off-campus location that is educationally affiliated with the school.  The F-1 student visa holder can work part-time (20 hours or less) on-campus during the school year and full time during qualifying breaks and vacations.  

After the F-1 student’s first academic year, a designated school official may permit the student to work off-campus, using Curricular Practical Training (“CPT”), Optional Practical Training (“OPT”), or under other circumstances.

CPT is authorized by school officials for situations in which work experience is a required or is an integral component of the program of study. This includes situations in which training is required of all degree candidates in the program and is necessary for the awarding of the degree or in which employment will result in the awarding of academic credit. F-1 students should be careful, as participation of 12 months or more of full-time curricular practical training can prohibit post-completion OPT.

All other types of off-campus employment require school authorization AND first obtaining an EAD from the Immigration Service, which can take 90 days or more. Circumstances in which an F-1 student is permitted to work off campus include situations in which the student: 1) has experienced severe economic hardship caused by unforeseen circumstances as long as the student remains in good academic standing; 2) works for an international organization; or, 3) engages in a qualifying Optional Practical Training (“OPT”) program. Again, all three of these circumstances for off-campus employment, require an EAD. The same hourly restrictions discussed above for on-campus employment apply, meaning the student can work a maximum of 20 hours during the school year and full time during the summer or academic holidays.

12 months of OPT is available to F-1 students per educational level, which can be performed pre-completion or post completion of a degree. OPT provides an opportunity to apply theoretical knowledge from school to real-world employment situations, provide the employment is be directly related to the student’s academic field.

Certain time restrictions apply to working off-campus using OPT and F-1 students should be aware of them as they relate to their particular training program. Generally, an F-1 student utilizing OPT can work off-campus for a total of 12 months. If the student has obtained a STEM (Science, Technology, Engineering or Mathematics) degree and is working in OPT in these fields, the F-1 student may be able to extend the 12 month period to a total of 29 months. The employer hosting the STEM OPT is required to be enrolled in the E-Verify program to make use of the longer OPT duration.  

Often students working on OPT find employment opportunities under the H-1B work visa. If the H1-B is granted or pending, there may be a potential “gap” between the time when the student’s OPT expires and when the H-1B status begins. For those F-1 students working on OPT that have a pending or granted H-1B application, Congress has created a “cap-gap” to keep the student in valid non-immigrant status through October 1st of the year the H-1B is filed. To be protected by the “cap-gap,” the F-1 student will need to have a current I-20 and be working in an authorized OPT time period prior to petitioning for the H-1B.