International Students: Ensuring You Have Work Authorization will Help You Be Successful

Unauthorized Employment for Students

A foreign student studying in the United States is subject to specific and strict requirements as a condition of obtaining F-1 or J-1 status. Failure to follow legal requirements can lead to status violations, which can lead to serious consequences for many international students. Foreign national students must stay informed regarding the requirements to maintain status in order to avoid these status violations. This article focuses on suggestions for avoiding certain pitfalls that could put the valid F-1 or J-1 status of an international student in jeopardy.

Unauthorized Employment in the Student Context

Since taking office in 2017, the current administration has placed a focus on rigorously enforcing the immigration laws. It has also implemented policies to tighten existing rules through policy memoranda. Unauthorized employment is one of the most common allegations for F-1 and J-1 status violation. Unauthorized employment can come in various forms, such as off-campus work or on-campus work without proper Curricular Practical Training (CPT) or Academic Training authorization. A finding that a student worked without proper authorization can have serious consequences on future requests for immigration benefits, so students must be familiar with the rules and speak with an ISSS advisor before making any employment related decisions.

Unauthorized Employment Can be Inadvertent

It is possible that a student may accept employment without even realizing that they are violating their status. Remember that any performance of services in exchange for money, tuition, fees, books, supplies, room or for any other benefit or compensation counts as employment. Any off-campus employment for F-1 or J-1 students must be authorized by either the school or the United States Citizenship and Immigration Services (USCIS). Without proper work authorization, off campus employment would be considered a violation of F-1 or J-1 requirements. Examples include helping with a friend’s business; internet selling; or volunteering with a private, for profit company. In addition, students must be careful to avoid committing violations when they are engaged in on-campus employment. This can occur when students exceed the allowed number of hours of employment (i.e. 20 hours per week when the school is in session) or continue on-campus employment after expiration of the I-20. These are but a few of myriad examples which would likely be considered unauthorized employment for F and J students.

Consequences of Unauthorized Employment

Students who are found to have violated their F-1 status may face serious consequences. The May 11, 2018 Memo on Unlawful Presence for F, J, and M students states that students in one of those statuses will begin to accrue unlawful presence “the day after engaging in any unauthorized activity”. The plain language of the memo indicates that the day after a student engages in unauthorized employment, unlawful presence begins to accrue. Accruing 180 days of unlawful presence can lead to a three-year bar from reentry to the United States. Accruing 365 days of unlawful presence results in a ten-year bar. Other consequences may include the initiation of removal (deportation) proceedings against the student, ineligibility for reinstatement to F-1 status, inability to transfer to a different university or program, inability to change status to another nonimmigrant status, and difficulties reentering the United States after traveling abroad.

Conclusion

Unauthorized employment is one of the most common ways for a student to violate their immigration status. The rules for maintaining student status are complex and can be confusing for students. Ultimately, the F-1 or J-1 student is responsible for his or her own status and needs to be aware of basic requirements in order to identify common mistakes before a violation occurs. The office of International Students and Scholar Services at the University of Pennsylvania can help you to determine your options for potential employment. In order to protect your immigration status and your ability to obtain future benefits, it is important that you speak with an advisor before taking any actions that may constitute employment.