An
F-1 student may accept employment at the institution
he or she is authorized to attend without prior approval
from US Citizenship and Immigration Service (USCIS), 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, USCIS 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]
USCIS
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-20
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-20.”
[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-20 to begin a master’s
program in September may work on campus during the
intervening summer. If the new Form I-20 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.