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Employment

On Campus Employment

If you are on an F-1 visa and are maintaining your Immigration status, you are eligible to work on campus. F-2 dependents are not permitted to work. Employment is any work performed for money, tuition, room and board or other benefits.

On-campus employment is work performed on the school premises that provides direct services to students. For example, working at an on-campus MacDonald’s would be considered on-campus employment. However, working on a construction site for a new campus building would not be considered on-campus employment because the construction company does not provide direct services to students. Many international students at LCSC work in the cafeteria, the library, the computer labs and offices on campus. If you have questions about whether or not a potential job is considered on-campus employment, check with the Coordinator of International Student Services.

You can work a maximum of 20 hours per week while classes are in session and full-time during holidays or school vacation periods as long as you intend to enroll full time during the academic term following the vacation. If you have more than one part-time job, the total that you can work while classes are in session is 20 hours. You cannot work on campus after you complete your degree unless you are authorized for practical training or you intend to enroll the following term for a new program and have been issued a new I-20.

You must apply for a social security card before you can work. For directions on how to get a social security card, see the Identification section under Health and Safety.

You do not need approval from a school official to work on campus. On-campus employers should not ask you to provide proof of your Immigration status before they offer you a job. However, within three days of being hired, you will need to provide the employer with proof that you are able to work. This proof consists of your passport, a valid I-20 and your social security card.

You cannot work off campus without authorization. Authorization is needed for curricular practical training, optional practical training and employment authorization. On rare occasions, BCIS will grant off-campus employment authorization if an F-1 student has a “severe economic hardship caused by unforeseen circumstances beyond the student’s control”. You must apply to BCIS for off-campus employment authorization through the Coordinator of International Student Services.

The penalties for working off campus without authorization are very severe. If you do so you will be considered by BCIS to be out of status. You will be told by BCIS to leave the country immediately. You cannot apply for reinstatement and may be barred from re-entering the U.S. for several years.

The rules and regulation concerning employment are subject to change at any time. If you have questions, contact the Coordinator of International Student Services.

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Practical Training

Practical training authorization allows an F-1 student to work off campus temporarily at a job related to the student’s major field of study. There are two types of practical training: curricular and optional. Curricular practical training is work undertaken while you are a student. It must be required by your major, either to get your degree or to get academic credit. Optional practical training is usually work undertaken after graduation. The work you do under optional practical training must relate directly to your major field of study. It cannot be related only to your minor. To be eligible for practical training, you must have been enrolled at a college or university as a full-time student for at least nine months and be in F-1 status.

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Curricular Practical Training

To be eligible for curricular practical training (CPT) you must:

• Be a full-time student.
• Be in good academic standing.
• Have been enrolled for one academic year (at least nine consecutive months).
• Be majoring in the field that involves the proposed employment.
• Have a job offer.
• Apply before beginning employment.
• Be maintaining lawful F-1 status at the time of application.

You may be authorized to participate in a CPT program if it is an integral part of your degree program. You can receive credit and get paid for CPT. You are not limited in the amount of part-time CPT (20 hours or less per week while class is in session) you can use before graduation. However, if you have engaged in one year or more of full-time CPT (21 hours or more per week), you will not be eligible for optional practical training.

To apply for CPT you must give the Coordinator of International Student Services the following:

• A job offer letter, written on company letterhead, which includes a job description, beginning and ending dates of the employment and number of hours per week the student will work.
• (If the class is listed in the catalog) A letter from your major advisor showing how the practical training is directly related to your academic program and stating whether it is required for your degree, how many credits will be earned, course number and a short description of the course with the course objectives clearly defined.
• (If the class is not listed in the catalog) A letter from the division chair person showing how the practical training is directly related to your academic program and stating whether it is required for your degree, how many credits will be earned, course number and a short description of the course with the course objectives clearly defined.
• Registration form showing enrollment in the class specified by your advisor.

If you qualify for curricular practical training, the Coordinator of International Student Services will update your I-20. Once your I-20 is updated for curricular practical training, you may begin working. Be careful to work only for the employer and only during the dates approved on your I-20. You can work fewer hours than specified but not more.

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Optional Practical Training

Optional practical training (OPT) allows F-1 students to gain up to one year (12 months) of experience working in their major field of study. You can use OPT while you are still a student but most students use their OPT after graduation. You do not have to have a job offer to apply for OPT. However, you should be fairly certain that you will have a job before applying or you may lose part of your 12 month period of OPT. If you choose to do part-time OPT (20 hours per week or less) before graduation, the time will be deducted at half the full-time rate. So, six months of part-time OPT will equal three months deducted from the 12 month total.

To be eligible for OPT, you must:

• Be in lawful F-1 status.
• Be a full-time student.
• Have been enrolled for one academic year (at least nine consecutive months).
• Be majoring in the field that involves the proposed employment.
• Apply before you complete your degree.

To apply for OPT you must give the Coordinator of International Student Services the following before completing your degree:

(Click to enlarge)

• Two photos: The photos must be in color, with a plain background. All photos must meet size and image specifications below. Photo must be of the applicant only. Where more than one photo is required, all photos of the person must be identical.
• Photocopies of both sides of I-94.
• Photocopies of visa and identification pages of current passport and any old passports and visas you have had since becoming a student.
• Photocopies of every I-20 you have ever received.
• Completed Form I-765. On question 16 write "(c) (3) (i)."
• Check or money order for $340 payable to DHS.

You can get a copy of form I-765 from the IPO office or at http://www.uscis.gov/i-765

The Coordinator of International Services will send these materials to the BCIS service center. You should then receive a Notice of Action. This document contains your receipt number and the date your application was received. Be sure to save your Notice of Action or cancelled check and a photocopy of your application. You may need the information on the NOA to check on the status of your OPT application, or may be asked for it as part of a future visa application.

BCIS will then notify you of their decision. You can check the status of your application on the BCIS case status webpage.

If BCIS authorizes OPT, you will receive an approval notice and an Employment Authorization Document (EAD) Form I-668B. These materials will be mailed to the address you wrote on Form I-765. BCIS strongly urges students to use the International Programs Office address on the Form I-765 because, if a student moves, the post office will not forward EADs.

You must not begin working until you receive the EAD card. If you leave the U.S. for any reason after completing your degree and before getting your EAD card, BCIS will immediately cancel your application for OPT. Do not leave the U.S. until you have a job and can prove it with a pay stub and a letter from your employer.

Important things to remember about OPT:

• You can work only for the period of time specified on the EAD card.
• OPT automatically ends if you transfer to another school or begin studying at another level.
• You should apply at the beginning of the 90 day application period because it takes time to process the OPT application.
• If you have received 12 months or more of full-time curricular practical training, you are ineligible for OPT.
• You must report any change of address, name change or change in employment to the Coordinator of International Student Services for notification to BCIS.
• When you complete OPT, you have 60 days to leave the U.S. or be admitted to a new education program.

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Tax Issues

All International students must file federal income tax forms. Filing federal income tax forms is the personal responsibility of each international student. Filing means “mailing” the completed tax forms to the Internal Revenue Service (IRS). If you are an employee and received salary or wages subject to U.S. income tax withholding, you must file your tax forms by April 15. Otherwise you must file your tax forms by June 15. Individuals filing only Form 8843 must file by June 15. These deadlines refer to the date the envelope must be postmarked by the post office. Mail your tax returns to this address:

As a non-resident alien, you must file an income tax form 1040NR or 1040NR-EZ if you received any income from a U.S. source. If you have been in the U.S. for less than 5 years you must also complete a form 8843 and mail it with your form 1040NR or 1040NR-EZ. If you had no income from a U.S. source or your only U.S. income was bank interest, you only need to send in the form 8843.

To complete Form 8843, print your name and social security number (or individual taxpayer identification number) across the top of the form. If you are a student, complete only Parts I and III. Leave Part II, Part VI and Part V blank. If you are a non-student F-2 dependent, complete only Part I.

You can file form 1040NR-EZ if:

• You do not claim any dependents.
• You cannot be claimed as a dependent on another person's U.S. tax return (such as your parent's return).
• Your only U.S. source income was from wages, salaries, tips, taxable refunds of state and local income taxes, and scholarship or fellowship grants. If you had taxable interest or dividend income, you cannot use this form.
• Your taxable income (lline 14 of Form 1040NR-EZ) is less than $50,000.
• The only adjustments to income you can claim are the student loan interest deduction or the exclusion for scholarship and fellowship grants.
• You do not claim any tax credits.
• If you were married, you do not claim an exemption for your spouse.
• The only itemized deduction you can claim is for state and local income taxes.

Otherwise, you must file on form 1040NR.

Your employer must report your total earnings for the year as well as the total amount of taxes that have been withheld or paid. This report, form W-2, is sent to both the employee and the government early in January. You will need to send the specified portion of your W-2 with your tax form. If you lose your form W-2, you can request a duplicate from your employer. If you work on campus, you can request a duplicate from the Idaho State Controller’s Office.

If you need more information about taxes, there are several free government publications that are very helpful. You can get some tax forms at public libraries and most post offices. You can also get them from the IRS through a telephone order system.

• Pub. 519 US Tax Guide for Aliens
• Pub. 901 US Tax Treaties
• Pub. 513 Tax Information for Visitors to the US
• Pub. 520 Scholarships and Fellowships
• Pub. 515 Withholding of Tax on Non-resident Aliens

Or for information you can contact the IRS directly:

• 1-800-829-1040 - Ask for the Technical Services Division
• 1-800-829-3676 - Only use this to order forms and publications. These are free and will be mailed to you.
• IRS Forms and Publications - all IRS forms and publications are available at this web site.

You can get free, personalized help with your taxes at the Lewiston Community Center at 1424 Main Street. This service is being offered from 9:00 a.m. to 1:00 p.m. on Monday through Thursday until April 15.

If you have complicated tax issues, please consult the Internal Revenue Service or a qualified tax professional.

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