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Permission to work
Career Center Looking for a job?
Social Security Number When & how to get it?
Social Security Tax What you should not pay!
PERMISSION TO WORK
Students who have F-1 status may work under certain circumstances while
they are in the United States. There are two major categories of work
for which an international student may qualify.
I. EMPLOYMENT ON CAMPUS
II. EMPLOYMENT OFF CAMPUS (employment must be approved
by IPS or USCIS prior to beginning)
The following is an explanation of the types of work listed above. It
includes a description of the rules, how to get permission, and the kinds
of work which may be authorized.
EMPLOYMENT
ON CAMPUS 
On campus employment is permitted only on the campus that has issued
the I-20 (SJSU). A student must be in valid F-1 status. A student is limited
to 20 hours a week during the semester, but may work full time during
vacation periods (summer, winter, holidays). To be employed, the student
will need to have a Social Security Card. To apply for a SS# the student
must obtain a job offer on campus; the IPS office will issue a confirmation
letter to the Social Security Office. A Social Security card may be obtained
at a Social Security Office. IPS will also issue a letter to the SJSU
Human Resources office certifying that students are maintaining their
lawful F1 status for work authorization.
On campus /HR
Once on campus job is offered. Student will need to go to HR complete
a SJSU Employment Authorization Card for the employee. The card establishes
an employee's eligibility to work for the University and may include an
expiration date based on the individual's appointment period or immigration
work authorization documentation. The employee should retain this card
throughout his/her employment with the University. University offices
must verify the employee's possession of the SJSU Employment Authorization
Card prior to the employee's first day of work.
For a full text version view guidelines governing the SJSU Employment
Authorization Card.
EMPLOYMENT
OFF CAMPUS
SEVERE ECONOMIC HARDSHIP
Off campus employment due to Economic Hardship is permitted only in cases
where there is proven severe economic hardship. The purpose of this kind
of work is to enable a student to earn income that is needed to pay tuition
and living expenses because his/her sponsor cannot provide sufficient
funds. A student applying for permission to work off campus must prove
there is economic necessity due to unforeseen circumstances. In other
words, a student must provide evidence that he/she is not receiving enough
money to pay for school expenses and that the cause for not receiving
enough money is something that was not expected to happen when he/she
came to the U.S. Permission to work off campus is granted by the USCIS.
Students interested in applying must see the International Student Advisor
to obtain application. (A student may not apply for this work permission
until she/he has been in full-time F1 status for two academic semesters.)
PRACTICAL TRAINING
Attendance at a Practical Training workshop is required. Sign up at the IPS office.
Practical training refers to employment in a student's field of study, which adds practical work experience to the knowledge acquired in the classroom. Practical training may be obtained both during studies and after the completion of studies. A student must be in full time student status for one academic year before becoming eligible for any practical training. (An exception is made for students in a program that requires Practical Training for all students during the first year of the program.)
There are two types of practical training, Curricular Practical Training (CPT) and Optional Practical Training (OPT).
- Curricular Practical Training
The F-1 student regulations define Curricular Practical Training (CPT) as a work experience that is an "integral part of an established curriculum." In other words, it is work for which one is receiving academic credit. Some academic programs require students to do an internship to acquire practical work experience as part of their degree program. Please refer to the SJSU catalog to determine if an internship or practicum class is part of the curriculum that is required for graduation in your program. International students in such majors may obtain CPT approval to satisfy the requirements for such a class. In other cases, a student may enroll in an optional internship or practicum class as a way to obtain Curricular Practical Training. The work must be in the major and a professor must approve the job and establish what requirements must be met to earn credit for what is learned on the job. In these cases, the department offers internships or practicum classes, which a student may take to gain practical work experience.
Speak with your academic advisor in your department and attend the IPS F-1 Student Employment workshop to determine if you are eligible for CPT
For more information regarding CPT, read the Frequently Asked Questions page.
- Optional Practical Training
- As of April 8, 2008, Optional Practical Training (OPT) has been sub-divided into several categories of application type. Pre-completion OPT is OPT authorized to be worked before the student's program end date. It can be authorized
1) full-time during the summer break, if intending to register for the following Fall semester,
2) part-time while still taking courses while school is in session, and
3) full-time after completion of all course requirements with only a thesis or project remaining.
Post-completion OPT can be authorized for work
1) full time after the student's program end date, or
2) after completion of all course requirements with only a thesis or project remaining.
- The STEM Extension OPT allows some students who earn degrees in certain Science, Technology, Engineering, and Math (STEM) fields to apply for an additional 17 months of OPT, giving them a total of 29 months. Thus, a student who has 29 months of OPT would probably have two chances at the annual H-1B quota.
- The Cap-Gap Extension OPT allows students who are engaged in Post-completion OPT, and who are beneficiaries of properly filed (“selected”) H-1B petitions with October 1 start dates to remain in the U.S. and continue working during the “cap gap”(the period between the end of OPT and the beginning of the fiscal year) if they face one.
- The distinctions between these new categories and their application procedures are still being worked out by SEVP and USCIS. Be sure to attend an IPS F-1 Student Employment Workshop for the latest updated information.
- All international students are eligible for a total of one year (12 months) of Optional Practical Training (OPT) in addition to curricular practical training of less than 12 full-time months duration. This provides the opportunity to find employment in the student's field of study, which adds to what is learned in class.
- Any Practical Training used while still a student will be deducted from the 12 months total available, reducing the amount available after graduation. For example, if a student decides to use Pre-completion OPT for three months, full-time during summer vacation, the student would only have nine months left available at the completion of studies. Practical training during the school year, while taking courses is authorized for ½ time (20 hrs/wk maximum). If, for example, a student decides to have Pre-completion Optional Practical Training part-time for four months during the semester, then 2 months would be subtracted from the 12 total available months.
- A student will be eligible for another 12 months of OPT if the student undertakes a degree at a higher educational level.
- A student's OPT will be cancelled if they enroll in a new degree program while still on OPT; it is a violation of F1 status to study during Post-completion OPT.
Please note that to obtain OPT an application is made to the USCIS California Service Center (CSC) and it may take as long as three or more months to have it approved. Students may not work until the Employment Authorization Document (EAD), is received by mail and the start date on it reached.
- Application packets with forms and instructions for all F-1 employment authorization categories are available at the IPS Office and are provided during the required F-1 Student Employment workshops, scheduled weekly. Students may apply for Pre-completion OPT, 90 days before their requested start date. They may apply for Post-completion OPT, 90 days before the completion of all degree requirements. For graduating students, Post-completion OPT applications will be accepted if received at the CSC and logged in to the USCIS system within 60 days after graduation.
The April 8, 2008 OPT rule changes also adds a new provision that would clarify a position informally held by DHS in recent years, that students who are unemployed while on Post-completion OPT are in violation of status. Students who engage in an initial period of Post-completion OPT up to one year and are unemployed for more than 90 days would be considered in violation of status. Students granted a 17 month STEM Extension OPT would violate status if they are unemployed for more than 120 days during the initial and extension period of OPT. We will keep you apprised of new interpretations and developments with regard to this important new requirement for students during OPT.
- Be sure to attend an IPS F-1 Student Employment Workshop to have your questions answered and to obtain application instructions and forms.
IMPORTANT STUDENT MAINTENANCE RESPONSIBILITIES WHILE ON POST-COMPLETION OPT
After receiving your EAD card from USCIS for your authorized Post-completion OPT, and later for the STEM Extension of OPT, you must immediately bring or fax a photocopy to the IPS office.
You must work at least 20 hours per week while on OPT. Working less than 20 hours per week, will require you to report days of unemployment. Appropriate volunteer work may count towards your 20 hour per week minimum requirement.
Student Reporting Requirements While on Post-completion OPT: (Download Post OPT
Employment Report (.pdf) or submit Post OPT Report Online form)
Report to IPS office within 10 days of:
- Legal Name changes
- A change in residential or mailing address
- Any Changes in employment: new address of employment, or change to a new employer, giving name and employer address.
- You must inform IPS of any loss of employment
- In a separate letter, your employer is required to inform IPS when you leave their employment.
Additional Student Reporting Requirements While on the STEM Extension OPT: (Download STEM Validation Report (.pdf) or submit STEM Online Form)
Every 6 months send IPS a validation report starting from the date the STEM extension starts and ending when your F-1 status ends, or when the STEM extension ends, whichever is first. The validation report must include:
- Full legal name
- SEVIS ID number
- Current mailing and residential address
- Name and address of the current employer
- Date you began working for the current employer
Students pursuing a period of STEM Extension OPT MUST NOT:
- Work in a paid position for any employer that is not an E-Verify employer.
- Work in a position unrelated to the STEM degree you graduated with.
- Have more than 120 days of unemployment time during the entire period of Post-completion OPT (regular Post–completion OPT and STEM Extension OPT). This will constitute a violation of your F-1 status. The “SEVP Policy Guidance” issued by SEVP on April 25, 2008 indicates that this provision also applies to students whose OPT was approved before April 8, 2008 but that only unemployment occurring after April 8, 2008 would be considered in determining whether or not a violation of status has occurred.
FAILURE TO COMPLY WITH ANY OF THE ABOVE REQUIREMENTS CONSTITUTES A VIOLATION OF YOUR LEGAL F-1 STATUS
For additional information available on the web regarding the new OPT rules, visit:
Powerpoint presentation (155 KB) and handouts (51 KB) from special Post-Completion OPT workshop on July 9, 2009.
Department of Homeland Security Announcement
http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm
US Citizenship and Immigration Services Q and A
http://www.uscis.gov/files/article/OPT_4Apr08.pdf
NAFSA: Association of International Educators Resource on the Interim Final Rule
http://nafsa.org/regulatory_information.sec/29_month_opt_rule_updates
Text of Interim Final Rule
http://edocket.access.gpo.gov/2008/E8-7427.htm (text format, 27 pages)
http://edocket.access.gpo.gov/2008/pdf/E8-7427.pdf (pdf file, 13 pages)
Career Center
The Career Center
provides the tools to guide students in making career planning decisions.
Their mission is to motivate, educate, and empower students by giving
them access to:
- Customized consulting services and programs
- Job and internship opportunities (on & off-campus)
- A network of industry professionals and alumni
Integral to the SJSU educational experience, the Career Center is the
University's key link to the employment community and Silicon Valley's
first choice of diverse and talented student applicants.
Social Security number
SOCIAL SECURITY CARD
A Social Security card lists a social security number, which is a U.S.
government identification number. You will need a social security card
only if you are employed. You do not need one to apply for a driver's
license or open a bank account.
To apply for a social security card:
Step 1:
Gather the following documents:
- Your passport
- Your I-94, which is attached to your passport
- Your I-20
- Your SJSU ID card
- The Social Security Card application form (available at the Social
Security Office)
- A letter from IPS office after you have obtained a job offer letter
Step 2:
Go to a Social Security Office.
The offices are open from 9:00 a.m. to 4:00 p.m., Monday through Friday.
There are several Social Security offices in San José:
- 280 South 1st Street, Room 244
- 3315 Almaden Expressway
- 2726 Aborn Street
Other locations:
- Campbell - 770 W. Hamilton Avenue
More locations can be found in your local telephone book.
Social Security tax
When you receive a paycheck, there will be a paper attached to it describing
which government taxes have been withheld from your salary. International
students should not have social security tax withheld from their salaries.
You should inform your employer of this before you start work. However,
if social security tax was withheld in error, contact the employer who
withheld the pay and ask for a refund. If it is not possible to get a
refund from the employer, file a claim for refund from the Internal Revenue
Service (IRS - the office which manages U.S. taxes) on Form 843. Attach
a W-2 copy to prove the amount of tax withheld, your work permit, Form
8316, or a signed statement claiming that the employer was asked to refund
social security tax withheld in error, and it has not been refunded.
File the claim for refund to the IRS office where the employer's tax return
was filed. If such information is not known to you, file your claim with
the IRS Center, Philadelphia, PA 19255. http://www.irs.gov
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