In order to maintain valid F-1 status, a student must not work in the United States, unless the employment is specifically authorized under the regulations.

Five categories of employment are available to F-1 students:

1. On-campus employment

Characteristics of F-1 on-campus employment

Preconditions	Eligible immediately upon obtaining F-1 status; no waiting period
Location	Must be considered "on-campus"
Duration	Can be used throughout period student is pursuing a full course of study
Hours per week	Limited to 20 hours per week while school is in session; can be full-time during official school breaks
Field/level of work	Can be in any on-campus position that does not displace a U.S. worker; does not have to be related to course of study
Offer of employment	Not required as a condition of eligibility
Effect on other work on campus	All 214.2(f)(9)(i) on-campus work is treated the same for the 20 hour per week limit; e.g., a teaching assistant working 15 hours per week can only work 5 additional hours per week in another on-campus job
Approval process	Employment is "incident to status," and does not require DSO or DHS approval.
Miscellaneous	Employment must not displace a U.S. resident [8 C.F.R. 214.2(f)(9)(i)].

2. Special Student Relief program employment, which is based on the on-campus and economic
hardship employment categories ( Must see International Student Advisor for assistance in this category.)

3. Certain employment sponsored by international organizations

4. Curricular Practical Training (CPT)

Preconditions	Student must have been lawfully enrolled on a full-time basis at a DHS-approved school for one full academic year before being eligible for CPT. Exception exists for graduate students whose programs require immediate curricular training. Available only while student is in F-1 status, before completion of the educational objective. Students in English language training programs are ineligible for CPT.
Location	Students may engage in CPT only for the specific employer, location and period approved and recorded by the DSO in SEVIS.
Duration	Depends on the specific period granted by the DSO. May be granted by DSO in increments of no more than one year, or until expected date of employment completion, whichever is shorter. No cumulative maximum, except that it can only be approved before completion of the academic objective.
Hours per week	Can be approved for part-time (20 hours or less) or full-time (over 20 hours).
Field/level of work	Must be an integral part of an established curriculum, in the student's course of study.
Offer of employment	Must have an offer of employment from an employer offering work that qualifies as curricular practical training.
Effect on other work	Use of full-time CPT for one year or more eliminates eligibility for Optional Practical Training. Use of part-time CPT does not affect eligibility for Optional Practical Training ( See AM § 3.38 "Effect of use of CPT on eligibility for OPT" ).
Approval process	Must receive written authorization from DSO, who records authorization in SEVIS and issues SEVIS I-20 with notation, before work begins. USCIS approval is not required.
Miscellaneous	Must continue to maintain a full course of study in F-1 status during the period of employment, but exceptions may exist for some CPT.

5. Optional Practical Training (OPT)

Preconditions	Student must have been lawfully enrolled on a full-time basis at a DHS-approved school for one full academic year before being eligible for OPT. Students in English language training programs are not eligible for OPT.
Location	Students may engage in OPT for any employer for the duration of OPT authorization, as long as the employment qualifies under OPT standards.
Duration	Standard OPT is available for a cumulative maximum of 12 months per educational level. A one-time extension of 17 months (for a total of 29 months) is available to certain STEM degree recipients.
Hours per week	20 hours/week limit for pre-completion OPT done while school is in session and student still has coursework to complete. Full-time employment can be requested for pre-completion OPT done during official school breaks, and for students who have completed all requirements for their degree except for thesis or dissertation. For post-completion OPT, a student must be employed for at least 20 hours per week.
Field/level of work	Must be directly related to the student's course of study.
Offer of employment	No offer of employment is required to apply for standard OPT, but the student is expected to work during the OPT EAD validity period. To apply for a 17-month STEM extension, student must have an offer of employment from an employer registered with E-Verify.
Effect on other work	Prior use of full-time Curricular Practical Training for one year or more eliminates eligibility for Optional Practical Training (Also See AM § 3.38 "Effect of use of CPT on eligibility for OPT" ).
Approval process	DSO recommends OPT in SEVIS. Student files I-765 application for EAD with USCIS with an International Student Advisor. Work can begin only after receiving EAD issued by USCIS, and on or after the start date on the EAD. Special rules govern applications for the 17-month STEM OPT extension.
Miscellaneous	If doing pre-completion OPT, must maintain a full course of study during the period of employment (unless done during school breaks). Degree candidates that have completed all coursework must continue to make normal progress towards completing the thesis or dissertation required for their degree.

 

During post-completion OPT; F-1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total OPT period comprising any post-completion OPT carried out under the initial post-completion OPT authorization and the subsequent 17-month extension period.

 

Clearly under the new rule, periods of unemployment may put a student's F-1 status at risk. SEVP states that the following activities are considered allowable employment on both pre-completion and standard post-completion OPT, provided that the job is related to the student's program of study:
Regular paid employment for at least 20 hours per week in a position directly related to the student's program of study. Students may work for multiple employers, as long as it is directly related to the student's program of study.

• Payment by multiple short-term multiple employers. SEVP says that "Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs."

• Work for hire. SEVP says, "This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company."

• Self-employed business owner. SEVP says, "Students on OPT may start a business and be self-employed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student's degree program."

• Employment through an agency. SEVP says, "Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency."

• Volunteers or unpaid interns. SEVP says, "Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment."

~Note that a volunteer position or unpaid internship would be a valid option for someone who otherwise might not meet the    minimum employment requirement.

~For the 17-month STEM extension, however, employment must be paid employment, and although volunteering or unpaid activity is permitted, it will not be counted towards the employment requirement as it is for standard post-completion OPT.

 

Students may be denied future immigration benefits that rely on the student's valid F-1 status if DHS determines that the student exceeded the limitations on unemployment.
Additionally, ICE/SEVP may examine SEVIS data for an individual, a selected group, or all students on post-completion OPT and terminate a student's record if it fails to show the student maintained the proper period of employment. In such cases, the student will be given an opportunity to show that he or she complied with all OPT requirements, including maintaining employment.

SEVP recommends that students keep documentation that their OPT employment is directly related to their degree program:

SEVP recommends that students maintain evidence - for each job - of the position held, proof of the duration of that position, the job title, contact information for the student's supervisor or manager, and a description of the work. If it is not clear from the job description that the work is related to the student's degree, SEVP highly recommends that the student obtain a signed letter from the employer's hiring official, supervisor, or manager stating how the student's degree is related to the work performed.