Can a Student-Visa Holder Work in the US Legally?

There has been a conversation going on around my circle of friends about this issue of foreign nationals on F-1 student visas: Can foreign students be allowed to work in the United States?

Foreign nationals on F-1 student visas may apply for permission to work. That is right. However, there are only types of employment that are legally available to F-1 students in the United States.

According to immigration-usa.com, F-1 students, may accept practical training employment or off-campus part-time employment after having been in status for nine months. F-1 students must apply for INS approval for off-campus employment and practical training after graduation. Note that F-1 students may accept on-campus or curricular practical training when authorized by the designated school official.

And these rules are strict because F-1 visas are not initially approved without proof that the potential student can provide for themselves and their education without needing to work while in this country. Please note that the law bars any F-1 student from any type of off-campus employment during their first 9 months as a foreign student in the United States.

F-1 students must use recommendations by the designated school official on Form I-201D, along with Form I-765, “Application for Employment Authorization,” to apply for employment authorization from the INS. The instructions on the Form I-765 should answer any of your questions about the student employment, and filing fees required, and where to file the application.

Please remember that it is important that you are barred from accepting any off-campus or practical training employment unless and until you receive authorization by the designated school official on your I-201D or a Form I-688B from INS. If you are found working without permission, you are subject to deportation.

There you have it.