F-1 STUDENT EMPLOYMENT

F-1 students may work up to a maximum of 20 hours per week while school is in session.  During vacation periods, you may work full-time if you will be registered for the next quarter.

If you have been issued an I-20 to move to a new degree program (or to transfer to a new school) and intend to enroll in the next academic term, you may continue to work on-campus.  Otherwise, you may not continue to work on-campus after graduation, except for authorized practical training.

U.S. Citizenship and Immigration Services (USCIS) approval is not required for on-campus employment if you are a full-time student.  For information about available on-campus jobs, go to the Student Employment Center, Room 16, South Hall.

Definition of Curricular Practical Training (CPT)

U.S. Citizenship and Immigration Services (USCIS) defines "curricular practical training" as employment which is an integral or important part of your curriculum, including:

• ... alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school.

According to USCIS, the word "required" does not always limit this type of practical training only to work experiences which, are required parts of the curriculum. This clarification is discussed below in more detail.

Eligibility Requirements

For an internship to be considered as curricular practical training, the. work must be related to your major field of study and an integral or important part of your degree program. Therefore, training that is required by your degree program always meets the requirements for curricular practical training. At this time most University of California, Davis (UCD) degree programs list internships as "optional".

Student Eligibility Requirements for Employment which is a Required Part of a Program

Undergraduate students must have completed nine months of full-time study in order to be eligible for any form of curricular practical training.  Exception to the nine month requirement is provided for graduate students who require immediate participation in curricular practical training.

You are eligible if you meet these three requirements:

• You are a graduate student
• You are maintaining lawful F-1 status
• The proposed employment is a required part of your studies

Employment which is not a Required Part of Your Degree Program

In order to be eligible to apply for permission to work in a job that is recommended, but not a required part of your study program (i.e. an internship), you must:

• be in lawful F- I status
• have been a full-time student for at least nine months and
• register and enroll in an internship course or research units offered through your academic department

English Language Students

Students enrolled in English language training programs are not eligible for curricular practical training.

Part-Time vs. Full-Time Curricular Practical Training

• Part-time: Employment not to exceed a total of 20 hours per week.

  The employment authorization that the International Student Advisor enters on the employment page of your SEVIS I-20 will specify permission to engage in " part-time" training and you must be careful to limit the employment to 20 hours per week. You MUST be enrolled in a full-time unit load during the terms you are authorized for part-time curricular practical training. The units you earn for curricular practical training will be counted in determining if you are enrolled full-time.
   

• Full-time: Employment over 20 hours per week.

  The employment authorization that the International Student Advisor enters on the employment page of your SEVIS I-20 will specify permission to engage in "full-time" training.
   

The amount of time for which you are authorized for full-time curricular practical training, is not deducted from the 12 months of Optional Practical Training UNLESS you are authorized for a cumulative total of 12 months or more of full-time curricular practical training. At that point you will lose your eligibility for authorized Optional Practical Training upon completion of your academic program.

Application and Authorization Procedures

To apply for curricular practical training, first attend a CPT workshop.  Then call SISS at 752-0864 to set up an appointment with the International Student Advisor and bring the following:

• Offer letter from your employer. The letter must indicate that the offer is not for a permanent position and the exact dates of employment.  The letter should be on company letterhead.
• Letter from your academic advisor/major professor. The letter from the academic advisor (departmental or college if undergraduate; major professor if graduate) should be on departmental letterhead and must state either
  • that the curricular practical training is required by the student's academic program, or
  • that the work is related to and an integral part of the student's field of study and that the student has enrolled in (specify course listing) and will receive academic credits for the work experience.
  • The letter must include the employer's name, address, a detailed description of the training and the specific dates of the recommended training. It must also indicate if the total employment per week is full-time (over 20 hours) or part-time (less than 20 hours).
• New SEVIS I-20.
• Passport & I-94 Arrival/Departure Card.

Curricular practical training is employer specific. You must be careful not to continue employment beyond the date authorized on your SEVIS I-20 unless you apply for and are granted an extension of your permission to work. Allow approximately two weeks for processing before beginning your practical training. Finally, please remember that once approved, curricular practical training will be counted whether or not you actually work for the entire authorized period of employment.

Definition of Optional Practical Training (OPT)

Optional practical training is designed to provide you with an opportunity to gain actual employment experience in your field of study in order to complement your academic work.

Eligibility Requirements

An F-1 student who has been lawfully enrolled for one full academic year and who is in good standing, may apply to the U.S. Citizenship and Immigration Services (USCIS) for authorization. The employment must be directly related to your major field of study and it must be appropriate for someone with your level of education. The work may be full time (during summer or after completion of course requirements) or part time (while school is in session), and may occur anywhere in the United States.

You may apply either

• during the annual vacation provided that you are in good standing and intend to register for the next quarter,
• while school is in session, provided that the employment does not exceed 20 hours per week,
• after completion of course requirements for the degree, excluding a thesis or the equivalent, or
• after completion of all academic program requirements.

You do not need to have a job offer before applying for optional practical training.

 Please note: If you had a change of degree level (e.g. Ph.D. to MS) or a change of major that is not yet reflected on your I-20, you must apply for a new I-20 prior to applying for optional practical training

Students are not eligible for practical training if they are in violation of their immigration status (out-of-status).

Some of the most common reasons students become out-of-status are:

• Failure to pursue a full-course of study.
• Failure to abide by the immigration transfer procedures when changing schools.
• Working without proper authorization.

Students enrolled in English language training programs are not eligible for practical training after completion of English language studies.

 Important Time Considerations

1. If you are applying for OPT, you must mail your application to the USCIS prior to the end of your program (You can mail in your application up to 120 days before your program end date).
2. It can take the USCIS approximately three and one half (3.5) months to process your OPT application.

Importance of the Actual Date You Complete Your Program of Study

USCIS regulations refer to the date you complete all requirements for a program of study, not to the date you participate in graduation ceremonies and receive a certificate or diploma. The USCIS ignores your graduation date because it realizes that many students, especially graduate students in thesis or dissertation programs, may complete requirements for a degree any day during the year. This means that the last day of an academic term may not be the date you complete program requirements. Your lawful F-1 status expires 60 days after the date you complete all degree requirements and you are expected to leave the country by that date unless you have filed for practical training prior to the completion of your program or have made other arrangements to lawfully remain in the US.

Making a Decision Regarding Participation in Optional Practical Training

Under the new regulations a student may be authorized for 12 months of OPT, and apply for another 12 months of OPT when changing to a higher educational level.  For example, if you obtained permission for 12 months of optional practical training upon completion of a bachelor's degree and plan to continue studying in a master's or Ph.D. program, you will be eligible to receive another 12 months of OPT after completion of those graduate programs.

Authorization may not be rescinded. Once authorization to engage in practical training after completion of studies is granted, it may not be rescinded or canceled. This means that once an EAD card has been issued, situations such as unexpected delays in completing degree requirements, inability to find an appropriate job or loss of a job may result in loss of otherwise eligible time to work.

Actual Date Practical Training Employment May Begin

• You may not begin work until all three of the following requirements are satisfied:
• You have obtained an EAD from the USCIS
• The date of your authorized employment period has begun (see dates on your EAD card)
• You have in fact completed the requirements for your program of study (applies to post-completion practical training only)

Change of Employer after Optional Practical Training Has Been Authorized

You may change employers after you have begun authorized employment provided the new job

• continues to be directly related to your major field of study and
• is appropriate for someone having your level of education.

Travel Outside the US

If you are planning to travel outside the U.S. after your completion of studies, you must be able to present the EAD card to the inspecting USCIS officer at the port of entry when you return. You must reenter in F-1 status, otherwise you lose your optional practical training privilege.

Reentry provisions of the regulations require students during optional training to present

• a SEVIS Form I-20, endorsed for travel by the International Student Advisor within the last six months and
• employment Authorization Document (EAD) and
• a valid F-1 visa (unless eligible for automatic revalidation of an expired visa).

Students who do not meet these requirements may not be allowed to re-enter the US. Be sure to consult with SISS when contemplating travel outside the US and re entry to continue optional practical training.

Application and Authorization Procedures

You should contact SISS well in advance of your completion date so that the advisor can evaluate your situation to make certain that you meet the eligibility requirements for this type of employment authorization.

To apply for optional practical training, attend an OPT workshop first.  Then make an appointment with the International Student Advisor and bring the following:

• Completed certification form from your department chair, academic advisor, or major professor
• Completed form I-765
• SEVIS I-20 form
• Passport with I-94 card

Upon the fulfillment of all application requirements, the International Student Advisor will "recommend" optional practical training by endorsing the back of your SEVIS I-20.

After the International Student Advisor has recommended your participation in practical training, you must submit an application for an Employment Authorization Document (EAD) to the immigration center having jurisdiction over the place you are residing at that time. In most cases this will be the California Service Center in Laguna Niguel.

To obtain the employment authorization document (EAD), mail the following items below to

• the completed original I-765 [item #16, the eligibility category for F-1 practical training, is (c)(3)(i)]
• two passport style photos taken within 30 days, name and I-94 number written lightly on the back
• check or money order for $175.00 payable to USCIS
• photocopy of your SEVIS I-20  (both sides) with OPT recommendation and your signature
• photocopy of your I-94 (both sides)
• photocopy of the passport biographical page

The above items should be sent Certified Mail - Return Receipt Requested and you should keep copies of all documents that are sent to USCIS. You will also get a receipt for your fee from USCIS. Keep this and refer to this receipt number in any future communication with USCIS about your application.

Authorization by the USCIS

Your permission to begin optional practical training is not finalized until you have received an "Employment Authorization Document" (EAD) from USCIS. The EAD card will have your photograph and signature, and will also indicate the exact dates of your authorized employment. Processing time is approximately 4-5 months.  You can check the status of your OPT application online.

Please provide SISS with a copy of your EAD for data entry purposes.

The USCIS work permission on the EAD will begin either on the date indicated by your International Student Advisor's recommendation on your SEVIS I-20 employment page, or the date the EAD is issued, whichever occurs later as decided by USCIS.

Please remember that you are required to obtain your EAD before beginning employment.  If you have not received your EAD within 90 days from the receipt date indicated in your letter from USCIS, you may request an Interim EAD from your local immigration office.

IMPORTANT: A student on OPT is required by law to also notify SISS of changes in the legal name, current address, or if the student wishes to discontinued OPT without the intent to resume employment.