A Guide to Work Options for Foreign Students was originally published on NACE. (01/14/2026)
This guide discusses work options available to foreign students attending U.S. universities in F-1 or J-1 status. F-1 and J-1 are common student visas in the United States. However, there are strict limitations on a student’s ability to work in F or J status.
* Foreign students may also attend university using other types of “dependent” visas, such as H-4 (dependent of H-1B parent), L-2 (dependent of L-1 parent), O-3 (dependent of O-1 parent). There are rare circumstances in which any of these can work, either on or off campus. These visas are outside of the scope of this guide.
F-1 Visas
F-1 visas are for foreign students pursuing a full course of study at an institution of higher education approved by the Department of Homeland Security (DHS). Students are required to demonstrate that they have an unabandoned foreign residence and will enter the United States solely to pursue a full course of study at an approved college or university. As of August 1, 2003, all students must be entered into the Student and Exchange Visitors Information System (SEVIS). Each school approved by the DHS to admit F-1 students has a designated school official (DSO) who is responsible for making changes to student records within SEVIS.
F-1 students may be eligible for employment in certain situations, the most common of which are described as follows.
On-campus Employment
F-1 students who are maintaining their status may work on campus for up to 20 hours per week while school is in session and full time during school vacations, as long as they intend to register for the following term. The work must be on the school’s campus or at an off-campus location educationally affiliated with the school. No authorization from the United States Citizenship & Immigration Services (USCIS) is required for this employment option. The immigration regulations do not place specific restrictions on the types of on-campus employment appropriate for F-1 students. A student could work as a teaching assistant or research assistant, or in any number of positions in the school library, cafeteria, or administrative offices. No petition to USCIS is necessary for on-campus employment.
On-campus employment must be for a university employer. As an example, a student could not use F-1 on-campus employment to work for a construction company building a new dorm on campus. What about working for a private company that operates the campus bookstore, or a private food service provider on campus? There is no clear guidance on this issue. Many universities take the position that if the private company is merely leasing space from the school to operate its business (such as, for example, a “convenience store”), then it is not proper for an F-1 student to use on-campus employment to work for that company. However, if the company has a contractual relationship with the university to provide services to students on behalf of the university—such as a food service provider for the campus meal plan—then on-campus employment is permissible.
On-campus employment can even be off campus, if the location is educationally affiliated with school, i.e., the location is associated with the school’s established curriculum or related to contractually funded research.
Economic Hardship
An F-1 student who has maintained F-1 status for an academic year and is in good academic standing may apply for off-campus employment based on economic hardship. Economic hardship refers to financial problems caused by unforeseen circumstances beyond the student’s control. Those financial problems may be the result of the death of the financial sponsor, inflation in the home country causing the dramatic devaluation of currency or exchange rate, and so forth. Documentation would have to show that part-time employment opportunities through on-campus employment were otherwise insufficient. The student must apply to USCIS for authorization to work based on economic hardship.
Designated International Organizations
There are certain international organizations that are permitted to hire F-1 students. The university DSO or international student office can provide a listing of eligible organizations; a list also appears here. The student must obtain a work card from USCIS.
Practical Training
There are two types of off-campus employment authorization for the purpose of gaining practical experience in the student’s field of study: 1) curricular practical training (CPT), for work during a degree program, and 2) optional practical training (OPT), which can take place during the degree program or after graduation. To obtain either CPT or OPT, a student must:
- Be enrolled in a DHS-approved college, university, conservatory, or seminary (in a program other than English language training); and
- Have been enrolled full time in such a school for one full academic year. There are limited exceptions whereby a student may be authorized for CPT prior to completing a full academic year, such as in the case of a graduate student whose program requires immediate participation in curricular practical training.
There are additional requirements specific to the type of practical training.
For curricular practical training, F-1 students can be approved by a school’s DSO to work for a specific employer for a specific time period—the student does not have to apply to the USCIS for authorization. In order to qualify for CPT, the work must be an integral part of the established curriculum in the student’s course of study. CPT can be approved either for part-time (20 hours or less per week) or full-time employment (for example, in a cooperative situation). DSO approval, and notation of that approval to the student’s SEVIS record and Form I-20, are required prior to beginning CPT.
CPT is often used for students working off campus, for example in supervised fieldwork for a degree in social work or education, or working at a business for an M.B.A. program.
In addition:
- If employment in the field of study is an established elective toward graduation, it need not be credit-bearing to qualify for CPT.
- Because CPT must be part of an established curriculum, it may not be available for all foreign students, since many degree programs have no work component as part of the curriculum.
- CPT is only available during the course of a degree program. No CPT is available after completion of a program.
- CPT is authorized for specific increments of time, not to exceed one year of authorization at a time. There is no cumulative maximum for CPT. A student could be authorized to engage in 12 months of CPT, then authorized for another term of 12 months, and so on, throughout the student’s academic career. However, once a student has engaged in 12 months of full-time CPT, they would not be eligible for Optional Practical Training. (Note: OPT is still available if the student uses fewer than 12 months of CPT or if the CPT is part time.)
- The student need not apply to the USCIS for authorization. CPT can be authorized by the university DSO.
Optional practical training is another common way for many employers to hire F-1 students with minimal fees and paperwork. OPT allows the student to work for any employer in a job related to the student’s degree program. Most students in F-1 status are eligible for a total of 12 months of OPT. However, students in STEM degree programs (science, technology, engineering, and mathematics) are eligible for an additional 24 months of OPT.
Students, including STEM students, can use OPT in increments of less than 12 months during their course of study, for example during summer breaks, or part time while school is in session, or save all or part of the OPT for use after graduation. Any OPT used during the degree program is subtracted from the time available after graduation. Part-time OPT (20 hours/week or less) is subtracted at a rate of half the full-time rate. OPT must be authorized by the DSO. In addition, before employment can begin, the student must apply for and obtain an Employment Authorization Document (EAD) from USCIS. The EAD is a card that resembles a driver’s license in size. It has a photograph of the bearer and authorizes temporary employment only for the time period stated on the card. It is not a “green card,” which is a card evidencing permanent residency. No work can begin until the EAD is issued.
In order to qualify for OPT, the work must be related to the student’s field of study. OPT can be authorized for full-time employment during school breaks and after the student has completed all course requirements for the degree, and for part time while school is in session (no more than 20 hours per week). A student who moves to a higher degree program—such as from a bachelor’s to master’s program—is eligible for a new period of OPT. Moving to a parallel degree program, e.g., master’s to master’s, does not allow a new period of OPT.
In addition:
- An undergrad is eligible for OPT only upon completion of one academic year. Graduate students may be eligible immediately upon enrollment.
- Unlike CPT, a student working in OPT must have an EAD before starting work.
- It can take months for USCIS to issue the EAD. It is therefore important to apply well in advance of the intended start of employment. Expedited premium processing is available for an additional filing fee.
- To use OPT after completion of a degree program, the student can apply for the card up to 90 days prior to completion of the degree program, or within 60 days after completion of the degree program.
- OPT is often an easy way for employers to “try out” employees before deciding to sponsor them for H-1B status.
- To qualify for the additional 24 month STEM extension of OPT, the student must be employed by an employer enrolled in the government’s E-Verify program, which requires enrolled employers to submit documents to the government to verify that all employees are legally authorized to work in the United States. Not all employers are enrolled in E-Verify. In addition, for the STEM extension of OPT, the employer and the student will need to prepare a training plan showing how the employment provides the student with training related to the student’s degree program.
- The employer must have sufficient resources and oversight to offer training to the employee as outlined in the training plan.
- Students must continue to update the international student office of every new job while using OPT and STEM OPT.
- Students should keep pay records of their OPT and STEM OPT employment to show continuous employment, not exceeding allowable unemployment time (90 days for OPT, or up to 150 days cumulatively for OPT/STEM OPT).
J-1 Visas
The J-1 visa is issued for a variety of purposes and individuals, including students, research scholars, professors, physicians and other individuals receiving training in a variety of fields. Like the F-1, the J-1 visitor must establish that they intend to return to their home country after completing the program.
On-campus Employment
J-1 students may engage in part-time employment on campus for no more than 20 hours per week while school is in session and full time during breaks and holidays. The employment must be authorized in writing by the university foreign student advisor before it begins and can be for no longer than 12-month increments at a time.
Employment Related to Scholarships, Assistantships, and Fellowships
This employment requires approval in writing by the university DSO in advance of commencement of employment. The J-1 student can work no more than 20 hours per week while school is in session and full time during breaks.
Unforeseen Economic Circumstances
A J-1 student may be authorized for off-campus employment when necessary because of serious, urgent, and unforeseen economic circumstances that have arisen since acquiring J-1 student status. This type of J-1 student employment is subject to a 20 hour per week maximum, while school is in session.
Please note: The 20 hour limit on work for on-campus employment, scholarships, assistantships, fellowships, and unforeseen economic circumstances is cumulative. In other words, if the student is authorized for 10 hours per week of on-campus employment, the student can only perform 10 hours of other authorized employment, such as an assistantship.
Employment Pursuant to Academic Training for J-1 Students and Post-Docs
J-1 students are eligible for academic training during or after completing their education in the United States; for most J-1 students, this is 18 months; it is up to 36 months for post-doctoral research. This is similar to F-1 optional practical training; however, unlike F-1 students, J-1 students engaging in academic training do not require formal employment authorization from USCIS. However, the J-1 student will need a written offer letter noting that the employment is directly related to their field of study. The DSO must also note the employment dates in the individual’s SEVIS record.
Trainees and Volunteers
F-1 and J-1 students are not permitted to engage in employment without the requisite authorization as outlined above. A student cannot engage in employment, even self-employment, unless the work qualifies for one of the recognized employment options outlined here.
But can a student work as a trainee or volunteer for company or organization off campus? Generally, the answer is “no.”
The general rule is that, if a student is providing a productive service to an employer, whether paid or unpaid, the student will be considered an employee requiring proper authorization to work, e.g., CPT, OPT, J-1 academic training.
The U.S. Department of Labor, Wage and Hour Division has established guidelines for determining whether work is legitimately volunteer “training”—for which no pay or work authorization is required—or is “employment,” for which OPT, CPT, or J-1 academic training authorization is required. The guidelines are designed to determine who is the primary beneficiary of the student’s work. If the primary beneficiary is the student, in terms of gaining practical training and experience to further the student’s education, then no pay is required and no F-1 or J-1 work authorization is required. If, on the other hand, the primary beneficiary is the employer, in terms of productive employment that advances the employer’s interests, then pay is required, and F-1 or J-1 work authorization is required.
Factors to consider include:
- The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.
- The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
- The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
- The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
- The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
- The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
- The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.
Courts have described the primary beneficiary test as a flexible test, and no single factor is determinative. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case.
Wage and Hour Division opinion letters have set forth certain factual scenarios under which an intern will be considered a trainee and not an employee:
- As a rule, DOL will not consider students as employees when they are involved in education or training programs that are “designed to provide students with professional experience in the furtherance of their education and training and are academically oriented for their benefit” (Wage and Hour Opinion Letter, Jan. 28, 1988). For example, students working at the Women’s Bar Association through an intern program were not employees under FLSA guidelines, since the students gained practical work experience, benefited from their increased job marketability, and were substantially supervised.
- In another Wage and Hour opinion letter, dated May 10, 1983, DOL determined that students who received college credits for performing an “internship . . . which involves the students in real-life situations and provides the students with educational experiences unobtainable in a classroom setting” would not be considered employees. This would be a CPT situation.
- Other examples of exempt student trainees include interior design students working in exchange for an opportunity to receive supervised practical design experience as part of the school curriculum (similar to CPT for a foreign student) (Wage and Hour Opinion Letter, March 31, 1970); paralegal students earning credits for working under attorney supervision (Wage and Hour Opinion Letter, March 8, 1977); and pharmacy students working for no pay as part of instruction required by the state for obtaining a license (Wage and Hour Opinion Letter, April 11, 1973).
The issue of whether a student can “volunteer” is difficult and frustrating. The above examples seem to indicate that “volunteer” work is acceptable only in scenarios that would otherwise qualify as CPT—that is, scenarios in which the curriculum has a “practical experience” requirement. The safe rule is, if the student trainee will provide the employer with beneficial service, then work authorization in the form of OPT, CPT, or academic training may be required.
This summary provides general information regarding work options for foreign students. It is not intended as legal advice and does not establish an attorney/client relationship. Each situation is unique, and students and employers should consult legal counsel to determine work eligibility.
