EMPLOYMENT REGULATIONS
Social Security Numbers
In order to accept employment in the US, it will be necessary for you to obtain
a social security card. International students are eligible to apply for a
Social Security Number only after they have been offered employment. Please
refer to the Social Security section in the “When you first arrive” chapter
for more information.
F-1 VISA EMPLOYMENT OPTIONS
In order to gain admittance to the US, F-1 visa students are required to demonstrate sufficient financial resources to pay for their studies and financially support any dependents. Careful screening of financial support on the part of the US consul or officer is necessary given the number of US laws and regulations designed to prevent visiting foreign nationals from seeking employment. The F-2 spouse of an F-1 student is not permitted to engage in employment or any form of compensation. However, there are a few exceptions to this “no employment for F-1 / J-1 students” general rule.
On-campus employment
F-1 visa students may seek on campus employment part-time,
up to 20 hours / week, during the academic year. Students
may be employed full-time on campus during vacation
periods when school is not in session. It is important
to note that such employment should not interfere with academic
pursuits. Students will be required to pursue a full
course of study and to maintain good academic standing.
Employment based on economic hardship
F-1 visa students encountering financial difficulties
due to unforeseen circumstances may be eligible to
apply for a part-time, off-campus work permit. Students
must be able to clearly demonstrate a financial hardship
exists and arose as a result of unforeseen circumstances. In
addition, applicants for this work permit must have
been in F-1 status for at least one academic year, be in
good academic standing, and be able to demonstrate that the
employment will not negatively impact their academic performance.
Applications for economic hardship are submitted to
the USCIS and processing takes an average of 3 months. Should
you meet these conditions and wish to pursue an application
for this work permit, contact your OGE advisor for more information.
Curricular Practical Training (CPT)
During their studies, F-1 visa international students
enrolled in an internship, practicum, or cooperative education
program at Sacramento State (and receiving academic credit
for the experience) may be permitted to accept off-campus
employment.
In order to be eligible to apply for a curricular practical training permit, a Sacramento State F-1 visa student must have been in status as a full-time F-1 visa student for a minimum of one academic year and must be receiving academic credit for a university supervised internship, practicum or cooperative education program.
Curricular practical training may be part-time (up to 20 hours /week) or full-time, depending on the requirements of the internship or coop. Students who participate in twelve months or more of full-time curricular practical training, however, will not be able to participate in optional practical training.
Application procedures for Curricular Practical Training are as follows:
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Locate a suitable internship position.
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Receive departmental approval for the internship.
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Register for an internship, practicum, or coop through your school/major department or the co-op program at the Career Center. You will be issued a written contract when you finalize these arrangements.
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Bring a copy of your internship, practicum, or coop contract to your international student advisor at the OGE.
The international student advisor will review your application package, verify departmental approval, and issue a new SEVIS I-20 for curricular practical training so that you may begin your training experience.
Optional Practical Training (Pre-Completion)
Although most students seeking opportunities off campus
during their studies apply for Curricular Practical
Training (see above), F-1 visa students may undergo
periods of optional practical training prior to graduation.
Optional practical training is limited to a total of 12 months.
Part-time (20 hours or less) pre-completion optional practical
training before graduation is deducted from the available
12 months at ½ the full-time rate. Time used for Pre-Completion
OPT counts against your period of Post Completion OPT,
thereby reducing your one year of Post completion OPT. Students
must have maintained F-1 status for one academic year
before being allowed to apply. Please see your OGE
advisor for additional information.
Optional Practical Training (Post-Completion) – Initial
1 Year OPT
Upon completion of all requirements for a degree program,
F-1 visa students may be eligible to apply for 12 months
of practical training. This training must represent a logical
extension of a student’s program of study (related to
the field of study and at an appropriate level of education).
Students may apply for OPT after completion of each degree
program as long as the program is at a higher level (Bachelors
to Masters to PhD).
In order to be eligible for post-completion practical training, a student must have maintained F-1 visa status for at least one academic year. You can apply for post-completion practical training during beginning 90 days prior through 60 days after program completion. If you fail to apply during this period, your application will be rejected.
Your advisor at the OGE will prepare a new SEVIS I-20 for OPT, sign and copy all appropriate forms, make the necessary USCIS recommendations, and return a packet for you to mail directly to the USCIS Service Center. Within a few weeks, USCIS Service Center staff will notify you by mail that they have received your application. On average your application should be processed within 90 days of receipt.
You may not begin your employment until you have received your EAD from the USCIS California Service Center. USCIS regulations state that students engaged in OPT continue to be F-1 students affiliated with their academic campus. As such, students on OPT are required to continue to inform >Sacramento State of any address changes.
Employment Requirements while on OPT: On April 8, 2008 new regulations were proposed by immigration for Post Completion OPT. The new OPT regulations state that maintenance of F-1 OPT status is dependent on employment. During the 12 months of initial OPT you may not be unemployed for more than a total of 90 days without jeopardizing your status. Along with any changes of personal address, students are now required to notify the OGE of all employment information within 10 days of hiring or termination. At time of printing, these regulations remain part of an “Interim Final Rule”, and are subject to change.
Optional Practical Training – 17 Month STEM Extension
On April 8, 2008 new regulations were proposed to allow
F-1 international students on Post Completion OPT who
have graduated with a Bachelor’s, Master’s or PhD degree
to apply for a 17 month extension of their OPT if they meet
certain criteria. The extension would allow a maximum of
29 total months of Optional Practical Training and may be
used only
once regardless of how many degrees are completed. Eligibility
requirements include:
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Applicants must be currently approved for Post Completion OPT based on a degree in one of the STEM fields of study (Science, Technology, Engineering and Math related fields). Approved majors currently include: Computer Science, Engineering (Civil, Computer, Electrical, Mechanical, Software), Chemistry, Biology, Physical Science, Geology, Physics, Mathematics and Statistics.
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Applicants must have graduated. Proof of degree completion is required with their application.
Note: Graduate students with Thesis / Master’s project still pending are not eligible for the extension. -
Applicants must be currently employed in a paid position working full-time for a US employer. The job must be directly related to their STEM degree.
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Employers must be registered in the E-Verify program. During the 17 month STEM extension period, students may change employers, however all employers must be part of the E-Verify program.
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During their initial 12 months of OPT, applicants must not have been unemployed for more than 90 total days. In addition, during the STEM extension period students are allotted an additional 30 days of unemployment for a total maximum of 120 days of unemployment over the entire OPT + STEM OPT 29 month period.
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Applicants and employers must both agree to certain address and employment information reporting responsibilities.
At time of printing, these regulations remain part of an “Interim Final Rule” and are subject to change. For application information and current procedures, please visit the OGE.
J-1 / J-2 VISA EMPLOYMENT OPTIONS
On-Campus Employment
J-1 Exchange Visitor students may engage in part-time
on-campus employment (full-time when school is not in session)
if they have obtained approval from their program sponsor
(a clearance must be issued by the OGE). Approval of such
requests can be granted only if the exchange visitor is in
good academic standing and enrolled full-time.
Off-Campus Employment
Full-time J-1 Exchange Visitor students in good academic
standing may engage in part-time (full-time when school
is not in session) off-campus employment if they encounter
financial difficulties due to unforeseen circumstances. In
order to apply for permission to work off-campus it will be
necessary that you meet with your OGE advisor, and provide
detailed information concerning the nature of your unforeseen
financial difficulties. Employment permits will be issued when
conditions warrant approval.
Academic Training
J-1 Exchange Visitor students may engage in academic
training during their studies without wages or other
remuneration, or for wages with the approval of their
international student advisor. Paid academic training can
be authorized for a maximum of 18 months during or after
their academic studies. Academic training after completion
of studies must begin no later than thirty (30) days after
completion of studies and cannot be approved for a period
of time longer than the student’s academic program. Paid
academic training can only be undertaken by students whose
primary reason for being in the US is to study, not to
engage in academic training. In order to begin paid academic
training, J-1 students must:
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Be in good academic standing.
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Plan to engage in academic training that is clearly related to their major field of study.
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Receive written permission from their International Student Advisor.
Employment of J-2 Spouse of J-1 Exchange Visitor
The J-2 spouse of a J-1 exchange visitor may, under certain
conditions, obtain permission from the USCIS to accept
employment. Permission to accept employment will only
be granted if the J-2 spouse can demonstrate that the financial
resources of the J-1 are inadequate to cover the essential
costs of the J-2 dependents. The money earned by the
J-2 spouse cannot be intended for the purpose of assisting
the J-1 in meeting his/her costs.
J-1’s or their J-2 dependents interested in one of the off-campus employment opportunities described above should meet with their OGE advisor to obtain exact application procedures.