Yes, international students are eligible to work in the United States while on a student visa, though it’s imperative to understand the strict rules surrounding this process. While most F-1 students are eligible for part-time on-campus work during their first year, followed by off-campus work through an Optional Practical Training (OPT) or Curricular Practical Training (CPT) training options are more limited for M-1 holders in Virginia and throughout the United States. If this reflects your circumstances, it’s critical to keep reading to learn if you can find work. Additionally, you’ll learn the importance of working with Virginia immigration lawyers to help you with any questions you may have regarding this process.
Understanding Student Visa Basics in the United States
With just around 6,000 colleges and universities located in the United States, academic opportunities are abundant for those looking to further their education. This includes those who reside outside of the United States, as there are specific student visas available for international students enrolled in colleges and universities in the country.
As such, understanding how student visas work and the legal requirements in place for students to obtain a visa is critical.
Key Requirements to Obtain a Student Visa
- Must be accepted into a Student Exchange and Visitor Program (SEVP) approved college or university
- Must be enrolled as a full-time student
- Must demonstrate English language proficiency
- Must have the financial means necessary to support your stay
- Must demonstrate the intent to return to your home country after completion of your program
Application Process Overview
To apply for a student visa, you’ll first file a Form I-20 and complete the online DS-160 application. Next, you will schedule and prepare for the interview, pay the SEVIS I-901 fee, and attend the interview. After this, the consular processing officer will issue a decision on whether or not to grant your student visa.
Can F-1 Visa Holders Work in the United States?
If you obtain an F-1 visa, which is for those looking to attend traditional academic programs or an M-1 visa for those looking to enroll in vocational school in Fairfax or the surrounding Virginia communities, you may be excited to start your educational journey. However, it’s imperative to understand the limitations in place as per your student visa.
Unauthorized employment, even for a short period of time, can result in the immediate loss of your valid F-1 visa status, triggering potential removal from the United States.
On-Campus Employment Rules
- Limited to part-time work, which is 20 hours per week while the classes are in session
- Employment must be on-campus
- This commonly includes tutoring, administrative work, or research
- Full-time employment may only be possible during school breaks
Off-Campus Employment Options After Your First Year
- Curricular Practical Training (CPT)
- Must relate directly to your major or field of study
- Typically, a mandatory part of your academic curriculum
- Optional Practical Training (OPT)
- Allows for temporary employment in your field of study
- May be used before or after the completion of your program
- STEM OPT Extensions
- Eligible students have the option to extend their OPT for up to 24 months
Work Restrictions for M-1 Visa Holders
M-1 visa holders, on the other hand, can only participate in practical training after they have successfully completed their field of study.
What M-1 Students Can and Cannot Do
- Cannot work during the course of their studies
- Practical training may be optional only after the completion of their studies
- The duration of the work authorization is shorter than a traditional F-1 OPT
- Training must be related to the field of work that the individual studies
Important Rules to Avoid Violating Your Visa in Virginia
International students in the United States who wish to work on or off campus in Fairfax County and the surrounding communities must carefully navigate the strict employment rules associated with student visas. Unfortunately, failure to comply, even if unintentional, can result in intense immigration consequences, including the loss of your student status.
These are federal immigration rules that apply across the United States, including Virginia and Fairfax County.
Common Mistakes to Avoid
- Working off-campus without authorization
- Working more hours than permitted
- Working remotely or freelancing without permission
- Failing to maintain status as a full-time student
- Failing to report employment to the Designated School Official (DSO)
Contact an Experienced Fairfax Immigration Attorney
As you can see, navigating employment while on a student visa can be tricky. That is why it is imperative to connect with an experienced employment attorney with Goel & Anderson as soon as possible. Our firm understands how difficult these matters can be, which is why we are committed to helping you. We regularly assist international students enrolled at institutions in Fairfax County and throughout the country. Connect with us today to learn more.
