International
students who have either F-1 or J-1 immigration status
are eligible for off-campus employment related to their
field of study. This type of employment is called "practical
training" or "academic training."
Students
with F-1 status.
Eligibility and Application Requirements: Different
requirements exist for each type of F-1 employment but
those requirements are not discussed in this handout.
For example, a fundamental eligibility requirement for
all types of employment is that you must
be in and must continuously maintain lawful F-1 status.
Maintaining eligibility for most types of F-1 employment
means that you must limit your work to no more
than 20 hours per week while school is in session. Do
not assume that you are eligible to work without first
contacting your international student advisor.
Definition
of "Employment": "Employment" is any type of work performed
or services provided in exchange for money, tuition,
fees, books, supplies, room, food or any other benefit.
If you receive no pay or other benefit for work performed,
this activity is not defined as "employment" but is
considered to be "volunteer work".
Categories
of F-1 Student Employment
On-Campus Employment "Incident to Status": Work
on your campus is usually permissible if it meets certain
requirements. INS
regulations state that this employment is automatically
authorized for any student in lawful F-1 status. Check
with UNF's
International Center for school requirements
and procedures governing the authorization of on-campus
employment.
Curricular
Practical Training: Some work experiences which
are an important part of your study program may be considered
"curricular practical training". These experiences may
include alternate work/study programs, internships,
cooperative education programs and practicum experiences.
Any student who works for one year or more in full-time
curricular practical training is not eligible for practical
training after completion of studies.
Practical
Training Before and After Completion of Studies:
You may be eligible to be employed in a job which
is directly related to your major field of study for
one year before and/or after you complete a study program.
Such employment may take place at any location in the
U. S.
Employment
Eligibility Verification : When you begin work,
you and your employer must complete a form entitled
"Employment
Eligibility Verification" (INS Form I-9), which the
employer retains. The I-9 must be updated each time
you receive a renewal of your work permission.
A Social
Security Number. To put you on the payroll, your employer
will need your Social Security number, which you can
obtain by applying for a Social Security card. Take
your passport (if you are Canadian you may use another
form of photo-bearing identification), I-94 Departure
Record card, the student copy of your form I-20,
and written work authorization to an office of the Social
Security Administration. Please note: A Social Security
Card may not be used to verify your employment eligibility.
Social Security
and other taxes: Social Security taxes. In general,
as an F-1 student, you will be exempt from Social Security
(F.I.C.A.) taxes for your first five years in the United
States, as long as you continue to declare non-resident
status for tax purposes (see Internal Revenue Service
Publication 519, "U.S. Tax Guide for Aliens").
While INS
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. Always consult with ISS 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. If you fail to comply with your responsibilities,
you may not be eligible for benefits normally
granted to F-1 students. Employment for F-2 Dependents:
Immigration regulations prohibit all employment for
F-2 dependents (spouses and children of F-1 students).
Students
in J-1 status.
Your J-1
Responsible Officer (RO) or Alternate Responsible Officer
(ARO): Whatever type of employment you are considering,
you must first obtain approval in writing from
your J-1 RO/ARO who represents your J-1 sponsor and
issues your Forms IAP-66. Before approval, the J-1 RO/ARO
is obligated by regulation to evaluate the proposed
employment in the context of your program and your personal
circumstances, and then decide whether it would
be appropriate or not.
If the University
of North Florida is your sponsor, then your J-1 RO/ARO
is the Director of ISS. If your J-1 sponsor is an agency,
and if you are uncertain how to reach your J-1
RO/ARO your international student advisor will
help you find out, but has no authority to grant employment
permission.
Definition
of "employment ": "Employment" is any type of work
performed or services provided in exchange for money,
tuition,
fees, books, supplies, room, or for any other benefit.
If you receive no pay or other compensation for work
performed, the activity is not defined as "employment"
but is considered to be "volunteer work."
The two categories
of employment available to J-1 students
Category
1: "Student Employment ": J-1 "Student Employment" is
limited to 20 hours per week except during school breaks
and your annual vacation. Your J-1 RO/ARO can approve
"Student Employment" for up to one year at a time.
Type 1: Employment
required by a scholarship, fellowship, or assistantship.
This kind of work usually occurs on campus, with the
school as the employer. In certain circumstances, however,
the work can be done elsewhere, for a different
employer. You might work in a government or private
research laboratory, for example, if your major professor
had a joint appointment there, and were to supervise
you in work that would count toward your degree.
Type 2: On-campus
jobs unrelated to study. The regulations allow
for jobs on campus that are unrelated to study, and
they stipulate only that the work be done "on the premises"
of the school. That means that the school does
not have to be the employer, and that you could work
for a commercial company, such as a food service, in
its operations on your campus.
Type 3: Off-campus
jobs. The regulations permit jobs off campus that are
"necessary because of serious, urgent, and unforeseen
economic circumstances" that have arisen since your
arrival in theUnited States as an Exchange Visitor,
or since your change, inside the country, to J-1 status.
Category
2: "Academic Training": "Academic Training"
is employment in the field of your academic program
in the United
States. To determine the number of months of "Academic
Training" for which you are eligible, see the "Before
completion"
and "After completion" paragraphs immediately below.
In counting months of authorization, part-time
"Academic Training" counts the same as full-time.
Before completion
of your program of study. With permission for
"Academic Training" you may work part-time while classes
are in session and full-time during vacation periods.
Under certain circumstances, you may work full-time,
for example while you are writing a thesis. The limit
is 18 months or the time that you have been a full-time
student, whichever is shorter, unless the employment
is a degree requirement.
After completion
of your program of study. If you can show your J-1
RO/ARO a written offer of appropriate employment no
later than 30 days after the end of your program, you
will be eligible for "Academic Training" after completion.
The limit is 18 months or the time that you were a full-time
student, whichever is shorter, minus any previous "Academic
Training." Note, however, that if you receive a doctorate
at the conclusion of your J-1 student program, you may
be eligible for three years of "postdoctoral training,"
such as research, minus any "Academic Training" used
before the doctorate was awarded.
Summer employment
for students transferring from one J-1 sponsor to another:
If you intend to transfer programs between
academic years and you want to work at the old school
during the summer, you must delay the transfer procedure
until after the
period of employment, and must obtain employment authorization
from the old school's J-1 RO/ARO. This will be possible
only if the old school's Form IAP-66 remains valid (see
the dates in item #3) throughout the employment.
To work at the new school, you must first carry out
the transfer procedure and then apply to the J-1 RO/ARO
at the new school for authorization to work. The new
school's Form IAP-66 must take effect (see item #3)
by the beginning date of your employment authorization.
A Social
Security Number. To put you on the payroll, your employer
will need your Social Security number, which you can
obtain by applying for a Social Security card. Take
your passport (if you are Canadian you may use another
form of photo-bearing identification), I-94 Departure
Record card, the pink copy of your Form IAP-66, and
your J-1 RO/ARO's written work authorization toan office
of the Social Security Administration. Please note:
a Social Security card may not be used to verify your
employment eligibility.
Social Security
and other taxes: Social Security taxes. In general,
as a J-1 student, you will be exempt from Social Security
(F.I.C.A.) taxes for your first five years in the United
States, as long as you continue to declare non-resident
status for tax purposes (see Internal Revenue
Service Publication 519, "U.S. Tax Guide for Aliens").
Federal,
state and local taxes. Unless you qualify under a tax
treaty between the United States and your home government,
your earnings as a J-1 student will be subject to applicable
federal, state and local taxes, and employers
are required by law to
withhold those taxes from your paychecks. By April 15
of each year you must file a federal income tax return
and a "Required
Statement" covering the prior calendar year to determine
whether you owe more taxes or have a refund coming.
Employment
for J-2 dependents: Your J-2 dependents may apply to
the Immigration and Naturalization Service for authorization
to work. They may not legally work to support you, the
J-1 student, or to pay any of the expenses of
your program of study.
As a J-1
student you are eligible for a variety of work opportunities
in the United States, but employment without proper
authorization is a serious violation of your status.
Remember to consult UNF's International Center prior
to accepting any employment. |