Working In Us With A Student Visa

[ChuckZ]

My girlfriend is considering moving to USA to study her masters degree. If she gets a student visa, can she still work here? If so, what are the working limitations that apply to a student visa?

Thanks

[daveh]

My girlfriend is considering moving to USA to study her masters degree. If she gets a student visa, can she still work here? If so, what are the working limitations that apply to a student visa?

Thanks

<{POST_SNAPBACK}>

This is from the I-765 Application for Employment Authorization. In Part 2, Eligibility section.

F-1 Student Seeking Optional Practical Training in

an Occupation Directly Related to Studies--©(3)(i).

File your EAD application with a Certificate of Eligibility of

Nonimmigrant (F-1) Student Status (Form I-20 A-B/I-20 ID)

endorsed by a Designated School Official within the past 30

days.

F-1 Student Offered Off-Campus Employment

under the Sponsorship of a Qualifying International

Organization-- ©(3)(ii). File your EAD application with

the international organization's letter of certification that the

proposed employment is within the scope of its sponsorship,

and a Certificate of Eligibility of Nonimmigrant (F-1) Student

Status--For Academic and Language Students (Form I-20

A-B/I-20 ID) endorsed by the Designated School Official

within the past 30 days.

Foreign Students

F-1 Student Seeking Off-Campus Employment

Due to Severe Economic Hardship--©(3)(iii). File

your EAD application with Form I-20 A-B/I-20 ID, Certificate

of Eligibility of Nonimmigrant (F-1) Student Status--For

Academic and Language Students; Form I-538, Certification

by Designated School Official, and any evidence you wish to

submit, such as affidavits, which detail the unforeseen economic

circumstances that cause your request, and evidence you have

tried to find off-campus employment with an employer who has

filed a labor and wage attestation.

[crocodilexp]

My girlfriend is considering moving to USA to study her masters degree. If she gets a student visa, can she still work here? If so, what are the working limitations that apply to a student visa?

Thanks

<{POST_SNAPBACK}>

She's in a relatively good situation, work-wise. It is not clear cut, but generally, if she has a long-term F-1 visa, she has several work options.

On-campus work -- limited to 20 hr/week, no need to ask for approval, any sort of work qualifies, as long as it's university-related (e.g. library, uni. cafeteria, research assistantship etc.)

CPT - Curricular Practical Training - designed to cover internships etc. related to the field of study -- I think it lasts 3+ months, and requires a petition to USCIS -- approval is usually routine, but can take a month or two.

OPT - Optional Practical Training - up to a year (or 9 mo, I can't remember), may be used after graduation. Requires a petition, and a bit of a wait for a routine approval. Generally, people get this after college, and then while they're on OPT, their company applies for H-1B work visa (ugly, long wait, subject to quotas), and eventually for a green card... the company must be very good in order to do this, and I she ought to have superior skills in her area.

However, she cannot just take any job (e.g. a McD down the street), while she studies...

Simplest soloution: if you're a U.S. citizen, she might as well marry you and apply for a green card... This is sweet, since she will need ~6 months to get a conditional green card/work permit. Then, after 2 years, she gets an unlimited geen card, and it's no longer necessary that she's married to you. Since Masters degree takes ~2 years, this means that she'll have a permanent greencard fairly soon afterwards...

Note: don't marry too soon (i.e. within a month or two) after she comes to the U.S. -- wait for a few months, otherwise there's a small risk of being accused of visa fraud.

If you really want to do something for her, marry her! Don't forget the prenuptial agreement, though

Ask more if you want... I have quite a few friends that have been through the student visa grind... and I came to the USA on F-1 as well.