When hiring or working with international students, it is important to remember that they have limitations on their work mandated by their immigration status.
Click on the plus signs to learn more about the parameters that international students must follow when working to stay in compliance with immigration regulations.
Working off-campus without authorization is a serious violation of one鈥檚 visa status and can result in the termination of their immigration record.
Off-campus employment is generally forbidden by visa regulations unless the student has obtained special work authorization. This includes formal employment, informal employment arrangements and self-employment. For example, students cannot pet-sit for a faculty member in exchange for food or gift cards, nor can they seek employment with an outside organization.
Students who have a graduate assistantship are considered working the number of hours listed on their graduate appointment letter whether they work those hours per week or not. (e.g., graduate contract says 20 hours, but student is only working 10; from an immigration standpoint they are considered to be working 20 hours).
Working more than 20 hours on-campus during the Fall and Spring semesters is a violation of their visa status and will result in the termination of a student鈥檚 immigration record.
While it is the student鈥檚 responsibility to NOT work over 20 hours/week, please be aware of this as you ask them to complete work for you. Reminder: working 25 hours in one week but splitting the logging of the hours over two weeks is impermissible under labor regulations.
ISSS has created the following FAQs based upon actual situations F-1 students have faced or questions from OHIO faculty. We encourage you to email us with any questions that you may have and we will update the FAQ apprporiately.
NOTE: For questions related to students on a J-1 visa, please email isss@ohio.edu. As we can, we will add to the FAQ on the ISSS webpage with information related to J鈥檚.
Yes: If the student has done the work as part of an on-campus hourly position and or graduate assistantship or has an alternative work authorization.
No: If the student has done the work without proper work authorization.
Yes: If the student has requested and been approved for CPT or Pre-Completion OPT. Please note that CPT cannot be issued for self-employment; there must always be a supervisor for the work. Pre-completion OPT is likely the best solution for students seeking to author a book, as this type of work authorization does allow for self-employment and authorship during the approved period, so long as the work is directly related to the student鈥檚 field of study.
No: If the student has done the work without proper work authorization such as CPT or Pre-Completion OPT.
Yes: If the student鈥檚 GA contract is for less than 20 hours per week, then yes, the student can work the delta number of hours between their contract amount and 20 hours per week.
Example: If the contract is 15 hours, then the student can work an additional 5 hours per week.
No: If the student鈥檚 GA contract is 20 hours per week, then they may not work any additional hours.
Note: the contract amount equates to the work hours regardless of the number of physical hours worked for the faculty/staff supervisor.
Yes: MA and PhD students are expected to publish as part of their academic programs so if the publishing is part of their academic work, they can publish their research without needing to talk to ISSS.
No: Students publishing a memoir on their experiences in Athens, Ohio would be prohibited.
Yes: Students can apply and present at conferences if they are not working and are just presenting their work as part of their academic program.
No: Students who are recruited to present and receive remuneration for this presentation should talk with ISSS before accepting the opportunity. It is possible that CPT could easily be issued for this as a support for students to present and receive this remuneration.
No: Students can never work after their program has ended (this date is listed on their I-20 or DS-2019) and before they receive their EAD card (this is the card that is issued and sent to them once USCIS approves their OPT).
Yes: Students should obtain Curricular Practical Training (CPT) authorization before engaging in any off-campus work experience. CPT is issued for off-campus experiences that are an integral, required part of the established curriculum. Parameters to consider: Required of all students in that academic program OR required to pass a particular course OR necessary to successfully complete thesis or dissertation.
No: A student just wants the experience. A student generally could benefit from it for their long-term career, but it does not meet the requirements. A student has already completed the required internship course but just wants another experience to add to their resume. Instead, students can consider pre-completion OPT.