An M-1 student can work off-campus only in a "post-completion practical training" program. He can work on campus during school in a part-time job. An F-1 student usually can't have an off-campus job, but on-campus work as part of a scholarship, fellowship or such is permitted. On-campus work can be for a for-profit employer. During classes, it can't be for more than 20 hours per week. During vacations, it can be for 40 hours per week.

Off-Campus Work Is Allowed in Exceptional Cases

Off campus work is allowed in the following cases:

  • A student who has finished at least a year of academic study and has severe economic hardship that is caused by "unforeseen circumstances beyond the student's control." The job can be for only 20 hours during school terms and 40 hours during vacations. It can't interfere with completing the student's courses. There must be no on-campus alternative available
  • The student has an internship with a recognized international organization for up to 12 months
  • It is "educationally affiliated" with the school

Any off-campus work must be authorized by the Designated School Official (DSO). Then the student submits Form I-538, a copy of his I-20, and the right fee to United States Citizenship and Immigration Services (USCIS). It's wise to submit supporting documents, too. The DSO can help.

Practical Training

Curricular practical training (CPT) is available only to F-1s. The student must have finished one year of study and the work must be directly related to the student's studies. If the student has 12 months of CPT, he will not be eligible for optional practical training (OPT). The student needs to give the DSO an I-538 form, a copy of the I-20, and a written job offer if there is a specific employer ready to hire the student. The student may not work until he receives those forms back from the DSO signed, dated and with notes that employment is approved.

Optional practical training can be before or after the courses are finished. Students in the science, technology, engineering and mathematics fields can be allowed longer post-completion OPT. This is useful if the student wants an H-1B visa. H-1B visas usually become available at a time of year that does not work well for students. The DSO will have more information.

OPT also requires that the student have completed an academic year of study. The OPT must directly relate to the student's studies. The student must get the DSO's approval, then apply to USCIS for an Employment Authorization Document (EAD). Only after receiving the EAD may the student start working. If the OPT is done during a school year, it must take no more than 20 hours during school weeks, 40 during vacations. If it is done after the courses, it must be finished within 14 months after they end. The limit is 12 months of OPT time, counting pre- and post-completion OPT together. A new limit will start if the student moves to the next level of education. For example, 12 months is available to an undergraduate, then 12 more when he is in graduate school.

An M-1 is allowed only post-completion OPT. It must substantially relate to his courses and it must add to the courses, not just be to put the student to work cheaply. In addition, it must be unavailable in the student’s home country (as best the DSO knows). One month is allowed per four months of a full course of study. The maximum is six months. The student must apply between 60 days before completion of courses and 30 days after.

The F-1 or M-1 student should apply in the same way as with CPT, but then send the paperwork that the DSO has signed to USCIS along with a form I-765 and a fee. Again, he should not start working until he has the employment authorization document from USCIS.

Questions for Your Attorney

  • What special circumstances will qualify as "hardship" enough to get me permission to work?
  • Do the hours per week limits apply to internships?
  • What can happen if I start working before being officially authorized?