Practical Training Information for F-1 Students
USCIS PROCESSING TIME: 8-12 WEEKS
DEFINITION:
Practical Training is temporary work authorization, for a job related to the field of study, available to international students in F-1 status who are studying in the United States. Any student in F-1 status must receive approval by the U.S. Citizenship and Immigration Service (USCIS) in order to work off-campus. Unauthorized paid employment may result in loss of student status and deportation. Unpaid employment does not require authorization.
DURATION:
Students in F-1 status are eligible to apply for up to 12 months of Practical Training. Practical Training is NOT renewable.
ELIGIBILITY:
Eligibility requires that you are in good academic standing at the Fletcher School and that you have been in F-1 visa status for at least one academic year. If you take a leave of absence for any reason during the academic year and leave the U.S. for five months or more, you will then lose your eligibility for practical training until you have again maintained F-1 status in the U.S. for at least one academic year. You DO NOT need a job offer in order to apply for Practical Training. The exception to these rules is when you obtain employment with an international organization (see below).
EMPLOYMENT WITH AN INTERNATIONAL ORGANIZATION
If you obtain an internship with an international organization, such as the World Bank or the UN, you must still apply for work authorization with the USCIS. However, it does not apply towards your 12-month practical training period and you need not be in F-1 status for at least one academic year. In other words, if you begin your degree program in January, you may apply for a summer internship with an international organization, and, at the end of the internship you would still have a 12-month practical training period. Please note that you must have a job offer (in writing) from the international organization in order to apply to work authorization from the INS. A copy of that written job offer must be filed with your application to USCIS.
WHEN TO APPLY FOR PRE/POST-COMPLETION OPTIONAL PRACTICAL TRAINING:
You may apply for Pre-completion Practical Training (before completing degree requirements) at any time after you have been in F-1 status for one academic year. With pre-completion practical training you may work full-time during school vacations if you intend to continue as a full-time student in the next semester. While school is in session, however, you may not work more than a total of 20 hours per week. With the USCIS SEVIS system now in place, the USCIS will monitor the number of hours per week that a student works and if a student works more than the allowed 20 hours per week, they will be considered in violation of their student status. The policy of the USCIS with regard to Post Completion Practical Training (after completion of degree requirements) is that you apply up to 90 days prior to your graduation date. Failure to apply for Practical Training before the date of graduation will result in forfeiting your practical training. According to USCIS regulations, you MAY NOT apply for Post-Completion Optional Practical Training after the date of graduation. Once employment authorization has been granted by the U.S. Citizenship and Immigration Service (USCIS), it cannot be cancelled or changed for another time period. Practical training time lost as a consequence of delayed completion of studies or not being employed may not be recovered.
VERIFICATION OF EMPLOYMENT AUTHORIZATION:
Once you are approved for Practical Training, the U.S. Citizenship and Immigration Service will issue an “Employment Authorization Document” (E.A.D. card), which will bear your photograph, signature, and dates of authorized employment. Your E.A.D. card will be verification of your authorization to work.
LEAVING THE U.S. AND RETURNING DURING PRACTICAL TRAINING
The Fletcher School strongly advises against leaving the United States after receiving your EAD card, but before securing a job or job offer in writing. Even if you have received your EAD card for Optional Practical Training, if you have not gotten a job or job offer in writing and travel outside the U.S., you will be considered to have abandoned your Optional Practical Training (OPT) and will not be permitted to enter the United States in order to look for a job. However, an F-1 student who has timely applied for Optional Practical Training following completion of his or her course of study may travel outside the United States while the OPT application is pending. The student should, however, carry the I-765 receipt notice (Form I-797) to prove the application has been filed and is pending approval. You still need a valid F-1 visa stamp in your passport and a travel signature on the third page of your I-20. Do not enter the U.S. in any status but F-1; otherwise you will lose your practical training authorization status.
SOCIAL SECURITY TAX AND NUMBERS:
If you are employed in the United States, you must have a Social Security Number WHEN YOU BEGIN WORKING. Application is made to the local Social Security Administration (SSA) Office, which is located at 240 Elm Street in Davis Square, Somerville. Please Note: The SSA office will not issue a social security number to international students without proof of a job offer, and letter of eligibility from the International Student Advisor. Therefore, when you apply to the SSA office, you must bring your passport, your I-20 form, your white I-94 admissions card, AND a letter from your employer indicating your job offer, AND a letter of eligibility from the International Student Advisor. Foreign students who have F-1 visa status do not pay Social Security Tax (FICA) but still need a Social Security Number for tax filing purposes. If Fletcher assigned you a temporary school I.D. number (starting with 999), you cannot use this number outside of Fletcher or in place of a Social Security Number.
FORM I-9, “EMPLOYMENT ELIGIBILITY VERIFICATION”:
Upon starting your job, you will be asked to complete a Form I-9, which requires you to document your identity and your work authorization. The best document to produce in order to comply is the E.A.D. card. Copies of your E.A.D. card will be made and kept on file at your place of employment.
FEDERAL AND STATE INCOME TAX:
In most cases, foreign students and scholars are subject to all federal and state taxes if employed in the U.S. Tax treaties exist between the U.S. government and some foreign countries that may affect the amount of tax you are required to pay. You will be required to file both federal and state income tax forms by April 15th of each year for any work completed during the previous calendar year. Tax forms are available in the Ginn Library from January to April. They are also available during those months at local post offices, public libraries, banks and Internal Revenue Service offices.
As a non-resident, taxation is extremely complicated. When filing your tax returns, it is best to consult with someone at your place of employment who is knowledgeable, or visit an office of the Internal Revenue Service. You may also want to consult a tax attorney or a tax accountant for assistance. Tufts University usually offers taxation workshops during the month of March. These workshops are open to Fletcher students. Dates and times of the workshops will be posted when available.
PROCEDURE FOR PRACTICAL TRAINING APPLICATION:
STEP 1: GET the appropriate forms to apply for an EAD card from the International Student Advisor (I-765 form, I-538 form)
STEP 2: YOU WILL NEED two color photos of yourself. Photos should follow the same format as Passport Photos. Photo requirements: Photos must be on a white background, taken no earlier that 6 months before submission to USCIS. Be sure they are unmounted, printed on thin paper, glossy, and unretouched. The photo should show a clear, front view, full face. Your should be in normal street attire without hat or dark glasses. You should have a natural expression, mouth closed and eyes open looking directly ahead. In pencil, lightly print your name on the back of the photo. (Errico Studios, 259 Elm St., Davis Square will process these photos for approximately $8.00)
STEP 3: Bring completed application forms, the photos, your I-20 and passport to the International Student Advisor for approval and endorsements.
STEP 4: SEND THE FOLLOWING:
- Check for $180.00 (Made payable to U.S. Citizenship and Immigration Services)
- Form I-765 (Application for Employment Authorization)
- Your two photos
WITH COPY ONLY OF: (International Student Advisor will make copies)
- Form 1-20 (front & back) (endorsed by International Student Advisor)
- I-94 white Admissions card from passport (front & back)
- Visa page in your passport
- Last EAD card if you have one
- Past I-20s
VIA CERTIFIED MAIL, TO:
Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Weldon Street
St. Albans, Vermont 05479
PLEASE NOTE: WHEN YOU RECEIVE YOUR EAD CARD, BE SURE TO SEND A COPY TO THE INTERNATIONAL STUDENT ADVISOR FOR YOUR FILE.
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