The Employment of Foreign Students

Employment Authorization for Students and Exchange Visitors 

I. INTRODUCTION

The immigration of foreign students represents a major source of innovation in the United States as only the best and brightest from all around the world seek education in the US. The US benefits a great deal financially as well gets enriched both technologically by the contribution of the best and brightest innovators, scientists, and engineers that foreign students later become, but also culturally as students bring more color into the American society. Gordon Gee, the President of the Ohio State University located in Columbus, Ohio recognizes the contributions brought about by the immigration of foreign students. Mr. Gee would like to double the population of foreign students at the Ohio State University and would like to “staple a green card to their diploma.”

II. THE SEVIS PROGRAM

Foreign students are present in the US pursuant to their F-1, M-1 student or J-1 visa status. Students' immigration status is managed and monitored through an online system maintained by the USCIS called the Student and Exchange Visitor Information System (SEVIS). This system tracks educational organizations, students, and other foreign students participating in the J-1 exchange visitor program (explained below) as they maintain a presence in the United States by virtue of their visa.

III. OFF-CAMPUS EMPLOYMENT OF STUDENTS

A. Optional Practical Training (OPT)

OPT is granted to students after completion of their academic program for employment within their major field of study and to gain training prior to their departure to their home country. Post-completion OPT must be requested prior to completion of course requirements. OPT is available during times when the school is not in session provided the student is enrolled at the time of the request and is eligible to, and intends to, enroll in the next session.

An F-1 student who has been granted OPT with a valid EAD can depart and reenter during the OPT period, but only if he obtained a job or job offer before departure. When traveling, the student must carry a passport with a valid F-1 visa stamp, Form I-20 that is endorsed for travel, a valid EAD, and a letter from the OPT employer verifying employment.

OPT is for employment or training relating to the student's major area of study. A valid F-1 status is authorized for a total 12 months of OPT except for certain graduates in Science, Technology, Engineering, and Mathematics (STEM) fields, who are eligible for an additional 17-month extension provided that the employer is participating in the E-Verify program for all of its employees. Here is the procedure for obtaining OPT:

• A student must apply to the designated school official (DSO) for a recommendation for OPT prior to the completion of the course requirements or course of study.
• If DSO grants the recommendation, the student may apply to USCIS for an EAD.
• If a student is seeking OPT prior to the completion of the course of study, the effective date of EAD will be either the date the employment is scheduled to commence or the date an EAD is issued, whichever occurs later.
• If student seeking OPT after completion of course of study, the effective date will be either the date of completion of studies or the date of EAD, whichever occurs later.

B. Curricular Practical Training (CPT)

CPT includes internships, training programs or work-study programs which are part of an established curriculum. For CPT, students must enroll for at least one full course of academic study in a year.

One main advantage of the CPT over the OPT is that CPT students do not need to wait for USCIS approval in order to accept off-campus employment. The DSO, who is an officer of the College or University who has been approved by the USCIS to administer the international student employment, can evidence the CPT student’s employment by endorsing their SEVIS I-20 form. That is sufficient for the CPT student to immediately accept employment.

It is worthy to note that students who have received one year or more of full-time CPT are ineligible for post-completion OPT.