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Student Jobs While Studying in USA: Rules & Requirements





Working in North America:
Rules and visa requirements


Have you decided to study abroad?

And would you also like to gain some work experience?

Then remember that every country has its own rules and regulations. You should make sure that you know beforehand what you need to do. In this lesson you will find information on Canada, the USA and the United Kingdom.


Working and studying in Canada

Photo 24261There are various options that you can choose from: working on or off campus, co-op and internship programs and working after graduation.

Working on campus

You may work on campus at the institution where you study without a work permit if:

  • you are a full-time student at:
    • a public post-secondary institution, such as a college or university, or a collège d'enseignement général et professionnel (CEGEP) in Quebec
    • a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 percent of its financing for its overall operations from government grants (currently only private college-level educational institutions in Quebec qualify) or
    • a Canadian private institution authorized by provincial statute to confer degrees and
  • you have a valid study permit.


Working off campus

The Off-Campus Work Permit Program allows certain foreign students to work off campus while completing their studies. To qualify, you must be a full-time student enrolled at a participating publicly funded post-secondary educational institution or in an approved program at an eligible privately funded institution.

Participating publicly funded post-secondary educational institutions:

  • are public post-secondary institutions, such as a college or university or a collège d'enseignement général et professionnel (CEGEP) in Quebec or
  • are private post-secondary institutions that operate under the same rules and regulations as public institutions, and receive at least 50 percent of their financing for their overall operations from government grants (currently only private college-level educational institutions in Quebec qualify) or
  • have signed an off-campus work agreement with their provincial or territorial government.

Eligible privately funded post-secondary institutions:

  • are located in a province or territory that has signed a memorandum of understanding with CIC
  • have signed an off-campus work agreement with their provincial or territorial government and
  • have approval from their provincial or territorial government to grant specific degrees.

Please note that not all programs offered by private post-secondary educational institutions qualify. For more information on qualifying programs, contact the eligible institution directly. Photo 24271

To work off campus, you must apply for a work permit. Do not begin to work off campus until you have received your work permit. The work permit authorizes you to work up to 20 hours per week during regular academic sessions, and full time during scheduled breaks (for example, winter and summer holidays, and spring break).

A work permit does not guarantee that you will find a job. It is your responsibility to look for work. Even if you work off campus, your studies must be the main reason you are in Canada. If you are no longer a full-time student or do not maintain satisfactory academic results, you must return your work permit to a local Citizenship and Immigration Canada office.


Co-op or internship programs

For some academic programs, work experience is part of the curriculum. Foreign students who wish to participate in a co-op or internship program must apply for a work permit as well as a study permit.

Who can apply?

To be eligible for a work permit, you must meet the following conditions:

  • You must have a valid study permit.
  • Your intended employment must be an essential part of your program of study in Canada.
  • Your employment must be part of your academic program, certified by a letter from a responsible academic official of the institution.
  • Your co-op or internship employment cannot form more than 50 percent of the total program of study.

How to apply

Photo 24270There are four steps to apply for a work permit:

1. Obtain an application package.

The package includes the application guide and all the forms you need to fill out.

2. Read the guide.

Read the guide carefully before you complete the application form. Photocopy the blank forms and use one as a working copy. Keep the working copy for your records.

3. Complete the application form and attach the necessary documents.

The application form contains instructions. Read those instructions and be sure to provide the required documents. If information or documents are missing, your application may be delayed. The Document Checklist in the application kit will tell you what documents to include.

Answer all questions carefully, completely and truthfully. Answers can be typed or handwritten (print clearly in black ink). Incomplete applications will not be processed, but will be returned to you. This will delay the application process.

There is no processing fee for this work permit.

4. Mail the application form and documents.

The application kit contains the mailing address where you must send your application.


Working after graduation

If you want to work in Canada after you graduate from your studies, you must apply for a work permit under the Post-Graduation Work Permit Program.


Post-Graduation Work Permit Program

The Post-Graduation Work Permit Program allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience.

A work permit under the Post-Graduation Work Permit Program cannot be valid for longer than the student's study program. For example, if you graduate from a four-year degree program, you could be eligible for a three-year work permit if you meet the criteria. If you graduate from an eight-month certificate program, you would be eligible for a work permit that is valid for no more than eight months.

Note: In some circumstances, the work permit may be valid for less time than the length of your studies.

If you would like to know more information, have a look at the following website which answers some frequently asked questions. http://www.cic.gc.ca/english/information/faq/study/index.asp


Working and studying in the USA:

Working on Campus

Photo 24262Non-immigrant students in F-1 or J-1 status are eligible to work at the school they are attending and which issued them their SEVIS I-20 (F-1) and SEVIS DS-2019 (J-1) Forms. On-campus employment includes all assistantships, fellowships, and scholarships. In order for a student to be considered eligible for on-campus employment, s/he must be enrolled as a full-time student and must be in lawful F-1 or J-1 student status.

Your eligibility for on-campus employment is in effect ONLY as long as you are maintaining lawful non-immigrant F-1 or J-1 student status (refer to Rules for Maintaining Lawful F-1 Status in the United States and Rules for Maintaining Lawful J-1 Status in the United States). If you violate your status, you make yourself ineligible for on-campus employment, because on-campus employment is a benefit granted only to those students who maintain lawful status.

If you were to violate your status and continue working on-campus, you would be engaging in illegal employment, and would potentially risk deportation. You would also jeopardize your eligibility for any future benefits from U.S. Citizenship and Immigration Services (CIS), such as "practical training," "academic training," and/or adjustment to another non-immigrant status.

Working off-campus

Off-Campus Employment is available to non-immigrants in F-1 and J-1 student status under certain conditions. You may begin off-campus employment only AFTER you have obtained authorization to do so.

Options for F-1 students

Optional Practical Training (OPT): Optional practical training is off-campus work authorization that may be obtained from U.S. Citizenship and Immigration Services (CIS) to accept employment in your academic field. You are eligible to apply for OPT once you have maintained your F-1 status for a minimum of one academic year. F-1 students are eligible for 12 months of optional practical training in their program of study. New regulations allow F-1 students to apply for a second period of OPT based on a second degree at a higher educational level (example: a student who has already completed a U.S. bachelor's degree who goes on to pursue a Masters degree). However, there are very specific restrictions and timetables stipulated in the new regulations related to this benefit.

Curricular Practical Training (CPT): CPT is off-campus work authorization that may be obtained from the International Student Office to accept employment in your academic field. You are eligible to apply for CPT once you have maintained your F-1 status for a minimum of one academic year. CPT requires that you receive academic credit for the work experience for which you are requesting authorization.

Economic Hardship: Work permission based on unforeseen severe economic hardship is available to students who have maintained lawful F-1 status for a minimum of one academic year and can demonstrate that they have suffered an unforeseen change in their financial circumstances. For more information, please call the OISS at 954-262-7240 to schedule an appointment.


Options for J-1 students

Academic Training: Academic Training allows students in J-1 status to gain practical experience in their major field of study. Academic Training authorization permits you to take a job that is directly related to your field of study and appropriate to your educational level. You may apply for academic training either prior to or after completion of studies and schedule an appointment with an International Student Advisor.

Economic Hardship: Work permission based on unforeseen severe economic hardship is available to students who have maintained lawful J-1 status for one academic year, are currently in good academic standing, can demonstrate that they have suffered an unforeseen change in their financial circumstances, and have found that on-campus work opportunities are not available or adequate. For more information, please call the OISS at 954-262-7240 to schedule an appointment.

How many hours per week are you eligible to work?

Photo 24269All forms of employment (both on-campus and off-campus) are limited to no more than 20 hours per week during the academic year i.e. when school is in session. For example, if a student has two jobs and works 12 hours/week at the first job, he may work no more than 8 hours/week at the second job.

The 20-hour limit is applied to each week, meaning that a student can work no more than 20 hours in any given week. For instance, a student cannot work 23 hours one week and 17 the next (which averages out at 20 hours/week); to do so would constitute illegal employment, as the student worked more than 20 hours in the first week. Students who are maintaining their status are eligible to work full-time during holidays and annual vacation periods, provided they intend to register for the next academic session.

Work authorization for unpaid internships or volunteer opportunities

Because the U.S. government's definition of "employment" is relatively broad, the vast majority of off-campus professional opportunities will require some form of legal authorization well in advance of participation. When in doubt, please make an appointment to meet with an OISS advisor to discuss the nature of your prospective opportunity.

If the Office of International Student and Scholars (OISS) authorized you to work either on or off campus, and you meet Social Security's eligibility requirements described in the next section, you can get a Social Security number.

Applying for a Social Security number

In general, only non-citizens who have permission to work from DHS can apply for a Social Security number. To apply for a Social Security number:

  • Complete an Application For A Social Security Card (Form SS-5); and
  • Show original documents proving your:
    • Immigration status;
    • Work eligibility;
    • Age; and
    • Identity.
    • Take your completed application and original documents to your local Social Security office.

Showing your Immigration status

To prove your immigration status, you must show your Social Security Office the current U.S. immigration document, I-94, Arrival/Departure Record, issued to you when you arrived in the United States. If you are an F-1 or M-1 student, you also must show your I-20, Certificate of Eligibility for Nonimmigrant Student Status. If you are a J-1 or J-2 exchange visitor, you must show your DS-2019, Certificate of Eligibility for Exchange Visitor Status.


Work eligibility

Photo 24268If you are an F-1 student and eligible to work on campus, you must provide a letter from OISS that identifies your employer and the type of work you are, or will be, doing. The Social Security Office will also need to see evidence of that employment, such as a recent pay slip or a letter from your employer. Your supervisor must sign and date the letter. The letter must describe:

  • Your job;
  • Your employment start date:
  • The number of hours you are, or will be, working; and
  • Your supervisor's name and telephone number.

If you are an F-1 student authorized to work in curricular practical training, you must present your Form I-20 with the employment page (page 3) completed and signed by an OISS official.

If you are an F-1 or M-1 student and are authorized to work off campus, you must present the Employment Authorization Document (I-766 or I-688B) you received from DHS.

If you are a J-1 student, you must provide a letter from your sponsor. The letter should be on sponsor letterhead with an original signature that authorizes your employment.

Age

You must present your birth certificate if you have it or can easily obtain it. If not, The Social Security Office can consider other documents, such as your passport or a document issued by DHS, to prove your age.



Identity

The Social Security Office can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information and preferably a recent photograph. Social Security will ask to see your current U.S. immigration documents. Acceptable immigration documents include your:

  • Form I-551 (includes machine-readable immigrant visa with your unexpired foreign passport);
  • I-94 with your unexpired foreign passport; or
  • Work permit card from DHS (I-766 or I-688B).

All documents must be either originals or copies certified by the issuing agency. Social Security cannot accept photocopies or notarized copies of documents. They also cannot accept a receipt showing you applied for the document. Social Security may use one document for two purposes. For example, they may use your DHS work permit as proof of both work eligibility and identity. However, you must provide at least two separate documents.

The Social Security Office does not require you to have a Social Security number before you start work. However, the Internal Revenue Service requires employers to report wages using a Social Security number. While you wait for your Social Security number, your employer can use a letter from Social Security stating that you applied for a number. Your employer may use your immigration documents as proof of your authorization to work in the United States.

References:

Canada: http://www.cic.gc.ca/english/index.asp

USA: http://www.nova.edu/internationalstudents/faqs.html

Credit images: scazon, brokinhrt2, Toastyken, badboy69, Jeff Werner, gravitywave

Ask The Experts


  1. Karin saidThu, 01 Jan 2009 17:21:40 -0000 ( Link )

    Due to technical problems please read on … it was not possible to publish it inside the lesson….

    International Graduates Scheme for all those who have obtained a UK degree or postgraduate certificate or diploma on or after 1 May 2007, or a degree completed before this date from a list of qualifying courses. This scheme allows many students to apply to stay in the UK for up to a year in any kind of job without needing a work permit, or to be self-employed or to set up a business. You can apply for a maximum of 12 months under the scheme but will not be able to apply again even if you later complete another qualification. However, you may qualify to move from the scheme to work permit employment or into the Highly Skilled Migrant Programme or Innovators scheme. Fresh Talent: Working in Scotland Scheme for all those who have successfully completed a HND, undergraduate degree course, Master’s, PhD, or postgraduate certificate or diploma at a Scottish further or higher education institution to apply to stay in Scotland for up to two years after completing their studies in order to work. There are no restrictions on the type of paid work. Work Permit Scheme for jobs where no one suitable can be recruited, and occupations where there is a shortage of qualified workers. Training and Work Experience Scheme for work-based training for a professional or specialist qualification, or work experience. Highly Skilled Migrant Programme for those with degrees and work experience and prior earnings at a certain level. The Innovators scheme for entrepreneurs. Points-based system a new points-based system (PBS) for controlling migration, which is being phased in over the next two years and will replace all of the categories described above. Tier 1 will include a ‘post-study’ category, incorporating the International Graduates Scheme and Fresh Talent to allow international students to work in the UK for two years on completion of their degree studies. Tier 1 will also include an ‘Entrepreneurs’ category, incorporating the current Innovators scheme and a ‘general’ category incorporating the Highly Skilled Migrant Programme. For more information, please go to www.bia.homeoffice.gov.uk, then click on ‘Managing our borders’ and then ‘Managing migration’.

    Once your course is completed – and you have a UK graduate degree – you can switch to full time work without having to leave the UK.

    You can do this by : • Obtaining a sponsored work permit • Obtaining an HSMP visa • Taking advantage of IGS (The International Graduates Scheme) The scheme allows non-EEA nationals who have graduated from UK higher or further education establishments to remain in the UK for 12 months after their studies in order to pursue a career.

    Depending on your specific circumstances, there may be other ways to achieve the right to work in the UK from Student status.

    There are specific criteria for award and extension of student visas for:

    • Student Nurses: The term student nurse means a person accepted for training as a student nurse or midwife leading to a registered nursing qualification; or an overseas nurse or midwife who has been accepted on an adaptation course leading to registration as a nurse with the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.

    You must have been accepted for a course of study in a recognised nursing educational establishment offering nursing training which meets the requirements of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.

    The possession of a Department of Health bursary may be taken into account in assessing whether the student meets the maintenance requirement.

    • Postgraduate Doctors and Dentists: You must be a graduate from a medical school and eligible for provisional or limited registration with the General Medical Council.

    You must intend to undertake Pre Registration House Officer employment for up to 12 months and have not spent more than 12 months in aggregate in Pre Registration House Officer employment.

    Or you must be a doctor or dentist eligible for full or limited registration with the General Medical Council or the General Dental Council, who intends to undertake postgraduate training in a hospital or the Community Health Services or both.

    • Sponsored Researchers:

    This category is for: • someone who has a job overseas, for which they are still being paid, or someone who is currently on paid or unpaid sabbatical • has come to the UK to undertake a period of research at an employer/host organisation where the funding for the research: • remains overseas • is transferred to the UK employer or host • is arranged and paid by UK employer or host

    References:

    Canada: http://www.cic.gc.ca/english/index.asp USA: http://www.nova.edu/internationalstudents/faqs.html UK: http://www.skillclear.co.uk/students.asp http://www.educationuk.org/pls/hot_bc/page_pls_user_advice?d=work_in_uk

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