An F-1 student may
accept employment at the institution he or she is authorized to attend without
prior approval from INS, provided the student is enrolled in a full course of
study and the employment will not displace a U.S. resident. [8 CFR
214.2(f)(9)(i)] In this context, "displace a U.S. resident" means that an
on-campus employer may not remove a U.S. worker to hire a foreign student.
On-campus employment
primarily means work performed on the school's premises. It includes
employment with "on-location commercial firms which provide services for
students on campus, such as the school bookstore or cafeteria." [8 CFR
214.2(f)(9)(i)] It does not include employment on the school's premises for
a commercial firm that is not providing on-campus services for students, for
example, at a construction site for a new school building.
It may also include work
at an off-campus location which is educationally affiliated with the
school.... In the case of off-campus locations, the educational affiliation
must be associated with the school's established curriculum or related to
contractually funded projects at the post-graduate level . . . [and] the
employment must be an integral part of the student's educational program. [8
CFR 214.2(f)(9)(i)]
In the preface to the
October 1991 regulations, INS elaborates on its conception of "educational
affiliation by contract." The Service acknowledges that expansion of the
definition of on-campus work was a response to complaints "that many
professors have contract-based research grants which are not payable through
the educational institutions. Including this type of 'contractually based
educational affiliation' would enable graduate students to conduct research
under the supervision of their professors. Noting the similarity in the
above-described employment and a graduate research assistantship, the Service
adopted this suggestion." [Supplementary Information to 8 CFR 214, Federal
Register, 29 October 1991, p. 55609]
INS has provided an
example of on-campus work under what it has coined the "extended campus"
concept:
The anthropology
department of university X has entered into an agreement with the Museum of
Natural History in city Y to conduct a joint research program on colonial
Americans. Students of anthropology from university X who are part of the
research project attend classes and/or work on the research project as
research assistants at the museum. . . . These research assistants are
considered to be engaging in on-campus employment in conjunction with their
educational program at a location that is educationally related to the school.
[Draft OI 8 CFR 214.2(f)(9)(i), 29 October 1991]
In the example above,
the students may be paid by either the museum or the university.
On-campus work is
limited to 20 hours per week while school is in session.
Such employment may be full time during vacation periods for students who are
eligible and intend to register for the subsequent academic term. There is no
exclusion from the overall on-campus 20-hour-per-week ceiling for work
undertaken pursuant to a scholarship, fellowship, assistantship, or
postdoctoral appointment. Although not required by regulations, DSOs may wish
to endorse the I-20 on p. 4 indicating on-campus employment at an off-campus
site pursuant to 8 CFR 214.2(f)(9)(i).
On-campus
employment is not permitted after completion of a course or courses of study,
except employment authorized for practical training [see Sec. 4.9.4.2], unless the student has been "issued a Form
I-20A-B to begin a new program in accordance with the provision of 8 CFR
214.3(k) and . . . intends to enroll for the next regular academic year, term,
or session at the institution which issued Form I-20A-B." [8 CFR
214.2(f)(9)(i)] For example, a student who completes a bachelor's degree in
May and has been issued a Form I-20A-B to begin a master's program in
September may work on campus during the intervening summer. If the new Form
I-20A-B is from a different school, the student may engage in on-campus work
on the campus of the new school before classes begin or on the campus of the
old school until the new school's classes begin.