UTPA Department Information

Employment of International Students

This information is provided as a guide for departments who wish to hire an international student. The process for hiring an international is exactly the same for hiring any other student. The difference is immigration regulations that govern the actual employment that occurs. One difference in the routing process is that the MOE requires an additional signature from the OIAS that the student is eligible and authorized to work.

Please be aware that even if you should never read this information that all International students have been presented this information every semester and it has been discussed at length in our orientations. It is there responsibility to know the regulations and maintain their status. If you ever have any questions please contact our office: (956) 381-2922

What is an international student?

1. Any student who is not a U.S. Citizen
2. Any student who is not a U.S. Permanent Resident

Different categories of international students

1. F-1 students (full-time degree seeking students)
2. J-1 students (Exchange Students normally here for one or two semesters)
3. Students who are dependents of parents in the U.S. who hold valid visas for living or working in the U.S. (H-4; J-2; L-2; R-2; K-2; etc)
4. Senate Bill 1528 (formerly House Bill 1403) students (no legal status; lives in the U.S. and graduated from high school in the U.S.; subject to deportation)
5. Undocumented aliens (no legal status; subject to deportation)
6. Students who have filed for permanent residency but it has not been granted

Which international students can work?

1. F-1 students
2. J-1 students
3. J-2 with Employment Authorization Document (EAD) from immigration

What are the limitations?

1. In-status (have not violated any immigration regulations)
2. Maximum number of hours per week; actual hours per week, not an average
   1. 20 hours a week during the Spring and Fall semesters
   2. 40 hours per week during summer break
   3. 40 hours per week during winter break
3. Employment must occur on campus
4. Can only be “Direct Wage”  positions; cannot be “WorkStudy”

What is the departmental process to hire an international student?

1. Complete a regular MOE for direct wage
2. If the student does not have a Social Security Number write a letter of employment using a certain format (see additional handout on required format)
3. Route the MOE to the Office of International Admissions and Services for signature (Foreign Employee Advisory); if the MOE bypasses our office it will eventually be routed back to us by the Office Human Resources
4. You should not permit student to begin employment before MOE has been processed
5. Try and monitor closely that a student does not work over 20 hours or record over 20 hours on the time card for any given week; if they exceed the minimum their immigration status will be terminated

Answers to Common  Questions

1. International students know the regulations that govern their work; it is there responsibility to give you correct information and not depend on you for information
2. An international student can only work on “Salary” or “Directwage”; cannot be on “work study”
3. An international student is not eligible for a Social Security Number until they have a documented offer of employment
4. An international student does not need a Social Security Number in order to start employment
5. A department can create and route an MOE for an international student without a Social Security Number
6. An international student must have a Social Security Number in order to receive payment
7. An international student cannot work off campus (special exceptions: required internships for which credit is received, Post-completion Optional Practical Training)
8. House Bill 1403/Senate Bill 1528 students and other undocumented students cannot work and are not eligible for a Social Security Number that permits employment; if they have been in the U.S. for many years they may have a SSN that was issued by the SSA as identification. The SSA no longer issues cards for identification purposes—only for employment purposes.
9. Work during fall and spring semesters is limited to a maximum of 20 hours per week, NOT an average of 20 hours per week; for example a student cannot work 15 hours one week and then 25 hours the next to make it up. On any given week that a student works more than 20 hours they have violated their immigrations status and we are required to terminate their immigration status and they are required to leave the U.S.
10. A student that works over 20 hours per week cannot refuse payment for the extra hours in order to avoid violating his status; immigration is not concerned with the pay—they are concerned with the work itself
11. If an off-campus internship is required I can authorize it with proper documentation from the department
12. An international student/staff/faculty cannot volunteer their services in a normally paid position

Definition of F-1 Employment:

"Employment" is work performed or services provided in exchange for money, tuition, fees, books, supplies, room, food, or any other benefit. If you receive no pay or other benefit for an activity, it may be considered to be "volunteer work" instead of employment.

On-campus Employment "Incident to Status"

No USCIS permission to work is required when an F-1 student who is maintaining his or her status is employed under the terms of a scholarship, fellowship, or assistantship or at any part-time, on-campus job. F-1 students are allowed to work up to 20 hours per week on campus when school is in session, and up to 40 hours per week during breaks.

Off-campus Employment

A Note of Caution: While USCIS regulations provide a variety of opportunities for international students to be employed during their time in F-1 status, working improperly or without authorization is a serious violation of status. Students should always consult with an International Student Advisor before participating in any form of off-campus employment.

Off-campus Employment : Curricular Practical Training

Off-campus Employment : Optional Practical Training

International students may be eligible to be employed in jobs which are directly related to their major fields of study for up to one year. Such employment may take place at any location in the US. It falls into four categories:
  1. full time employment during a student’s annual vacation.
  2. part time employment while school is in session provided the employment is no more than 20 hours per week. (usually not encouraged)
  3. full-time employment after completion of all course requirements for the degree but while still working on thesis or disseration.
  4. full-time employment after completion of a full course of study.
  The total amount of optional practical training allowable is one year. One  period of optional practical training is permitted after each degree level  completed: bachelor’s, master’s, PhD
   Optional practical training authorization must be obtained from USCIS in the form of an Employment Authorization Document (EAD). There is a $180.00 fee for the EAD. Interested students should pick up application packet in the Office of International Admissions and Services.

Off-campus Employment: Severe Economic Hardship  

If students are suffering from severe economic hardship based on unforeseen circumstances beyond their control, they may be eligible for employment off-campus. Students in this situation should make an appointment to talk to one of the International Student Advisor’s. This is available after the first year of study since the student has already demonstrated to the U.S. Consulate that they have sufficient funds set aside for the first year of study

Definition of J-1 Employment:

"Employment" is work performed or services provided in exchange for money, tuition, fees, books, supplies, room, food, or any other benefit. If you receive no pay or other benefit for an activity, it may be considered to be "volunteer work" instead of employment.

Students may engage in two kinds of employment: (1) academic training related to the course of study, and (2) other employment related to academic funding, on-campus work, or economic necessity. Each kind of employment has its own criteria and limits. This section treats employment other than academic training.

The university Responsible Officer (RO) or Alternate Responsible Officer (ARO) are the only campus officials permitted to authorize employment. Both officers are located in the OIAS.

On-campus Employment "Incident to Status"

Off-campus Employment for Unforeseen Economic Circumstances

An RO/ARO may authorize a student for off-campus employment when necessary because of serious, urgent and unforeseen economic circumstances that have arisen since acquiring exchange visitor status. The factor that must be proved is that the economic necessity was “unforeseen”. This type of employment is, in most circumstances, not

A Note of Caution: Working improperly or without authorization is a serious violation of status. Students should always consult with an International Student Advisor before participating in any form of off-campus employment.

Off-campus Employment : Academic Training

Academic training is work, training, or experience related to a student's field of study. Appropriate activities vary over disciplines. Postdoctoral training in biochemistry may consist of paid research at one location with one faculty adviser. Academic training in music may involve a number of paid or unpaid teaching or performance opportunities. Academic training may involve sequential or simultaneous activities, either paid or unpaid, with several employers, U.S. or foreign, provided the application and approval procedures are followed for each employer and activity, and the time limits are not exceeded.

Eligibility requirements for academic training

The following criteria must be met:
•    The student must be in the United States primarily to study rather than engage in academic training. This is meant to eliminate situations in which the student studies for a short period and undertakes academic training for a longer period.
•    Academic training must be done with a specific employer or training site, and be directly related to the major field of study listed on the FormDS-2019.
•    A specific description of the training opportunity is required.
•    The student must be in good academic standing.
•    The student must receive written approval in advance from the RO/ARO for the duration and type of academic training.

Academic training is permitted at any stage of a student's program, while the student is enrolled in school or after completion of the program.

Students in degree programs are permitted an overall limit of 18 months, which includes all academic training, whether before or after completion of studies.The total training period may not exceed the period of full course of study, meaning that if the period of full course of study is less than 18 months, academic training would be limited to that lesser duration.

All academic training is counted as full time, even if employment is on a part-time basis.