F-1 Student Work Authorization Policy
For those students attending Fairleigh Dickinson University (the University) in F-1 status, please remember that any off-campus employment must be authorized! Without proper work authorization, off-campus employment would be considered a violation of your F-1 status. Such violation can, and will likely, include loss of legal immigration status in the U.S., and possible deportation by the U.S. Department of Homeland Security.
Accordingly, the University issues this policy as guidance for F-1 status students.
Framework
Federal regulations governing F-1 student employment are found in 8 CFR § 214.2(f)(9). In addition, 8 CFR § 214.1(e) provides that nonimmigrants may engage only in authorized employment and that unauthorized employment constitutes a failure to maintain status. It states:
(e) Employment. A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a temporary visitor for pleasure, or section 101(a)(15)(C) of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C) (i) of the Act.
Student and Exchange Visitor Program (SEVP) issued policy guidance: “If the DSO is aware of an F-1 student employed without authorization, the DSO must report it in SEVIS within 21 days by terminating the student record.”
According to the above US government regulation and policy, a nonimmigrant, which includes F-1 students, may only engage in authorized employment. Failure to receive authorization is considered a failure to maintain status and must be reported in SEVIS.
Policy
The definition of an employee used in the context of F-1 visa status regulations is as follows: “An individual who provides services or labor for an employer for wages or other remuneration”. The term “remuneration” is broader than being paid wages and may include certain non-cash compensation, such as board, lodging, or other facilities furnished by an employer, as recognized by the Fair Labor Standards Act 29 CFR Part 531.
F-1 students may work no more than 20 hours per week on campus when classes are in session (FDU HR student work policy). F-1 students cannot work off-campus (including credit-bearing internships off-campus) without PRIOR authorization from Office of International Student Services (ISS) and the Student and Exchange Visitor Program (SEVP).
Should an FDU F-1 international student be found employed without authorization by an FDU Designated School Official (DSO), his or her SEVIS record will be terminated for “unauthorized employment”. Once an F-1 record is terminated for “unauthorized employment” it is extremely difficult to regain status or obtain a new visa. In addition, any future immigration benefits would most likely be denied.
Internships
Internships and work experiences, both paid and unpaid, are primarily offered by the private sector and related to the intern’s major field of study. For information on the subject of paid, and unpaid internships on F-1 status, please see the University’s guidance for Curricular Practical Training and Optional Practical Training.
The US Department of Labor explains Internship Programs Under The Fair Labor Standards Acts on the following website:
The Policy Manual of US Citizenship and Immigration Services (USCIS) explains work authorization on the following page:
No student on F-1 status should start a training/internship/unremunerated work experience until the proper approval for the CPT or OPT has been obtained in writing from an FDU Designated School Official (DSO).
Unpaid Internships or Work Experiences
Unpaid internships or work experiences do not usually qualify as volunteer activity. An unpaid internship or work experience is a structured training opportunity designed to provide practical experience in a professional setting. Unlike volunteer service for charitable or humanitarian organizations, unpaid internships and work experiences may require employment authorization under F-1 regulations.
Volunteering
Volunteering refers to donating time with an organization whose primary purpose is charitable or humanitarian in nature, without remuneration or any other type of compensation. F-1 students are free to engage in volunteer work as long as it meets the criteria established by the U.S. Department of Labor. For example, it would be okay to volunteer at a local homeless shelter, charitable food pantry, or American Red Cross.
If you have any questions please contact an Advisor in International Student Services by emailing ISS@fdu.edu or calling 201-692-2743.