F-2 Dependent Spouse or Child of F-1 Student
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Employment Options for F-1 Students
This information sheet provides you with an introduction to employment issues and options for international students in F-1 status.
The most important employment issue that you always need to keep in mind is the issue of legal (or "authorized") versus illegal (or "unauthorized") employment. You must always make sure that any employment you plan to engage in is legal and not illegal employment, since any illegal employment-even for one day, even if you did not know it was illegal - poses a grave threat to your ability to remain in or return to the United States.
You must always make sure that you have the necessary employment authorization before you begin work, since starting work without prior authorization-even if you receive authorization later - constitutes illegal employment. Illegal (unauthorized) employment renders you illegally present in the U.S. (Depending on how recent changes to the immigration laws will be interpreted, it may also immediately void the F-1 visa in your passport and prevent you from obtaining a new visa anywhere except in your home country. Additionally it may begin the count toward 183 and 365 days of illegal presence, which will bar you from reentering the U.S. for three years and ten years, respectively.)
You should always consult with an ISS advisor before beginning any employment. This is the only way to be sure that you won't engage in illegal employment.
Eligibility Requirements
Different requirements exist for each type of F-1 employment, but there are basic requirements which must be met for any F-1 employment:
- You must be enrolled for a full course of study (or have recently completed study, for post-completion optional practical training).
- You must be authorized by Immigration and Naturalization Services (INS) and International Student Services (ISS) to attend SUNY Brockport.
Once employment is authorized, you must maintain eligibility or you may lose your right to continue employment, even if it was authorized in writing.
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 the work performed, this activity is not defined as employment, but is considered to be volunteer work.
Categories of F-1 Student Employment
I. On-campus Employment
Work on SUNY Brockport's campus is usually permissible if it meets certain requirements. The authorization for on-campus employment must be obtained from ISS; INS authorization is not necessary. Work on-campus is limited to 20 hours per week when school is in session but may be full-time (40 hours per week) during holiday and vacation periods.
INS defines on-campus employment as the following:
Type 1:
Employment by SUNY Brockport. Any on-campus work for which you receive
a paycheck (or other compensation, such as room and board, etc.) from
SUNY Brockport.
Type 2:
Other Employment on SUNY Brockports' premises. This includes work on
Brockport's campus for an outside contractor if this work provides direct
services to students.
Type 3:
Certain off-campus employment where there is an official educational
relationship between SUNY Brockport and the off-campus employer. INS
regulations allow work at an off-campus location provided the following
apply:
- The location is educationally affiliated with SUNY Brockport.
- The educational affiliation is associated with your school's established curriculum or is related to a graduate-level research project that your school has contracted to perform.
- The work is an integral or important part of your program of study.
II. Internship with an International Organization
If you are offered employment in the form of an internship by a recognized international organization, you may accept such employment upon receipt of authorization from Immigration and Naturalization Service. Examples of recognized organizations include the United Nations, World Bank, International Monetary Fund, etc. For more information consult with the ISS advisor.
III. Curricular Practical Training
Some work experiences that are an integral part of your program of study may be the basis for curricular practical training employment authorization. These experiences may include alternate work-study programs, internships, cooperative education programs and practicum experiences which are either
- A required part of your academic program.
- Work for which you receive academic course credit.
IV. Optional Practical Training
F-1 students are eligible for 12 months of optional practical training (OPT). OPT provides an opportunity to apply practical work experience to theoretical knowledge obtained in an academic program. This employment opportunity must be directly related to your major field of study. It may, in certain circumstances, be full or part-time and may take place anywhere in the United States. You may apply to use OPT during your vacation periods, during the academic year, or when you complete your studies. OPT requires authorization from the Immigration and Naturalization Service (INS) before you can start to work (This authorization typically takes four to 12 weeks to obtain).
Social Security Numbers and Taxes
If you plan to work in the United States (U.S.) (including on campus) you will need a Social Security Number (your SUNY Brockport ID is not a Social Security Number). Please visit ISS for instructions on how to apply for a Social Security Number. The Social Security Administration will process your application and a number will be sent to you in about one month.
In general, F-1 students who have been in the U.S. for less than five years are exempt from Social Security (also known as FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer because many employers are not familiar with this provision of the tax laws. If you need more information about the F-1 Social Security and Medicare tax exemption, please contact ISS. Students in F-1 status are subject to all other taxes that may apply - federal, state and local.
Employment Eligibility Verification
Within the first three days of beginning work, you and your employer must complete a form called an Employment Eligibility Verification Form (INS Form I-9). This form will be kept on file by your employer and must be updated each time you receive a renewal of your work permission.
