Working in the U.S. as a Student
Summary
This page provides an overview of some of the requirements for working in the U.S. while on an F-1 or J-1 Student visa, including:
- An overview of types of employment
- Entrepreneurial activities
- F-1 employment with an international organization
- Transitioning to H-1B status
Getting Started
As international students on F-1 and J-1 student visas , you need to be aware of the various restrictions surrounding work/employment in the U.S. “Work” does not necessarily have to be paid and depends on many factors. Do not assume just because you are not being paid that work authorization is not necessary. In general, while you are located in the U.S., any paid work that you do, including remote work for a U.S. or non-U.S. employer, freelancing, side hustles, and any other paid opportunities require you to obtain employment authorization before the work begins. In addition, some types of unpaid opportunities will also require employment authorization. The only work that does not require authorization is on-campus work at Harvard.
Please see below for more information about on-campus work, types of work authorization available for off-campus work, and grey areas within the definition of employment such as entrepreneurship, unpaid internships, and more.
It is important that you review this information carefully and reach out to your HIO advisor with any questions before starting anything that could resemble work from the U.S. Failure to obtain work authorization before starting work is a violation of your student visa status. Violating your student visa status could negatively impact future visa applications or applications for future immigration benefits. Keep in mind that U.S. Embassies and Consulates will have access to your social media and digital footprint during future visa applications and may question or deny a future visa application if you appeared to have worked from the U.S. without employment authorization.
Work on the Harvard campus is permissible as soon as students are in F-1 or J-1 status in the U.S., though no sooner than 30 days prior to the start of classes. J-1 students must be in the U.S., and their on-campus employment cannot be earlier than the program start date on their Form DS-2019.
Employment must meet all regulatory requirements, but acceptable types of employment include:
- Work required by a scholarship
- Assistantship or fellowship
- Work in the libraries, computer centers, administrative offices, and work performed on Harvard's premises for an outside contractor or firm as long as the employer provides direct services to students (for example, work for a food service company at Harvard).
Please note that working for a U.S. or non-U.S. entity from your dorm or a library is not considered on-campus employment simply because you are doing the work from the Harvard campus.
Employment is limited to 20 hours per week while school is in session, but may be full-time during Harvard's vacation periods.
J-1 students are required to receive written authorization from the HIO prior to the start of any on-campus position. Students must fill out the HIO’s on-campus work authorization request form. Students with visa sponsorship from an external organization, such as Fulbright or AMIDEAST, should contact their visa sponsor for guidance before accepting any on-campus work.
Social Security Numbers
If you do not already have a U.S. Social Security Number (SSN), you will need to apply for one upon accepting employment on campus. A Social Security Number is a tax identification number that will be needed by your employer for payroll and taxation purposes. Please see Social Security Numbers for instructions.
On-campus Employment at an Off-campus Location for F-1 Students
USCIS has expanded the definition of on-campus employment to include jobs with employers that are educationally affiliated with Harvard University, provided that the job is associated with Harvard's curriculum or related to contractually-funded research projects at the post-graduate level and provided that the job is an integral part of students' academic programs (for example, research work at one of Harvard's affiliated hospitals may be acceptable for students in the sciences).
Employment is limited to 20 hours per week while school is in session, but may be full-time during Harvard's vacation periods. Final permission is granted by the student's HIO advisor.
Off-campus work requires U.S. work authorization. To review the options for work authorization, please see below:
F-1 Visa:
There are several types of work authorization that F-1 students may qualify for, depending on their program of study, type of work, and the type of degree program they are enrolled in. Please note that F-1 students are not eligible to work off-campus during their first year in F-1 status.
F-1 Curricular Practical Training (CPT)
- For internships and employment opportunities that are an integral part of an established curriculum. Eligibility for CPT and timing on when CPT can be used varies by degree program. Can only be used prior to graduation.
F-1 Optional Practical Training (OPT)
- Students are eligible for 12 months of OPT per degree level earned in the U.S. Students must spend a full academic year in F-1 status before qualifying for OPT. May be used before or after graduation, or a combination of both.
- A 24-month extension of post-graduation OPT for students in particular STEM-eligible degree programs.
F-1 Employment with an International Organization (see below)
- Work authorization for students with an official job offer from a recognized international organization. May be used for work up until graduation.
J-1 Visa:
J-1 students may apply for J-1 Academic Training work authorization for employment opportunities taking place during the course of study, or post-graduation.
The U.S. government considers any work done while on U.S. soil to be work that requires U.S. work authorization. International students must obtain U.S. work authorization in order to work remotely from the U.S. for a non-U.S. employer.
International students may travel outside of the U.S. over official school breaks and conduct work from their home countries or a country where they have work authorization without needing to apply for U.S. work authorization.
Unpaid Internships
Whether or not you need work authorization for an unpaid internship is considered on a case-by-case basis. International students who receive an offer for an unpaid internship should be in touch with their HIO Advisor for guidance.
If you are receiving any type of compensation, including stipends, honoraria, stock options, or reimbursements, or the prospective position does not meet the unpaid internship criteria, you must obtain U.S. work permission if eligible. In addition, you cannot offer to volunteer for a position which is normally a paid position, or for which you will be paid later, due to work authorization constraints. We advise that you obtain and keep written documentation when engaging in unpaid internships, in case you are ever required to provide it in the future.
After you have completed your program, you must apply for F-1 post-completion OPT or J-1 Academic Training authorization for both paid and/or unpaid positions if you wish to remain in the U.S. to work.
Volunteering
Volunteering allows you to get involved with the local community, network, utilize skills, and learn new ones. The U.S. Department of Labor defines volunteering as donating time with an organization whose primary purpose is civic, charitable, or humanitarian in nature. You are not required to obtain work authorization to engage in legitimate volunteer activities, so long as you are not receiving payment or any type of compensation. We advise that you obtain and keep written documentation when getting involved in volunteer activities in case you are ever required to provide it in the future.
Entrepreneurial Activities
U.S. immigration regulations do not clearly define “employment” and never contemplated the new era of entrepreneurs, influencers, and social media. In a time when many students are interested in launching innovative business endeavors, international students must be careful to ensure that they do not unintentionally commit an F-1 or J-1 status violation by working without authorization. As an international student, you can brainstorm ideas, develop a business plan, or register the company, for example, without needing to apply for F-1 or J-1 work authorization. However, you will reach a certain point when F-1 or J-1 work authorization may become necessary.
U.S. immigration law can present many challenges for students in F-1 or J-1 status planning to create a company within the U.S. This requires planning and patience. HIO Advisors can provide advising support based on your Harvard-sponsored visa category for studying and working at Harvard University, including work authorization benefits of these statuses mentioned below. It may also be necessary for you to speak with and retain a U.S. immigration attorney to advise on visa options and strategies.
If you are a student in F-1 or J-1 status working on a start-up, either through one of Harvard’s incubators, another institution’s incubator(s), or on your own, you should contact your HIO advisor to discuss your plans before finalizing any commitments, strategies, and timelines with other stakeholders. As a student attending Harvard University on a Harvard-sponsored visa, you should carefully review the following information about potential work authorization options:
Curricular Practical Training is a type of work authorization that can be authorized if the work is "an integral part of an established curriculum" and "directly related to the student's major area of study." CPT is defined as "alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school." To be eligible for CPT, you would need to be provided with training through an employer, and you must meet your Harvard school or college’s academic requirements for CPT authorization. In most situations, working for yourself or on your start-up without some other kind of corresponding academic enrollment would not be possible for CPT. For additional information, please consult your HIO Advisor.
Optional Practical Training (OPT) is another work authorization available to F-1 students. OPT does not need to be part of an established curriculum, but it must be directly related to your academic program of study. OPT is a much more flexible employment authorization than CPT and does allow self-employment or employment through your start-up. Students are eligible for OPT both during their program (pre-completion OPT) and after they graduate (post-completion OPT).
Pre-completion OPT can be an attractive option for students who wish to work on their start-up while enrolled at the university. F-1 students on post-completion OPT may begin working on their start-up after completing an academic program. If you are in a period of post-completion OPT, you may also prepare to transition to the STEM extension (for eligible programs) or other employment-based visa options.
OPT does require an application and application fee to the U.S. Citizenship and Immigration Services (USCIS). Processing times can be inconsistent and may be lengthy, so planning and applying as early as possible is important. The HIO has substantial resources concerning the application process available on our website. You are encouraged to contact your HIO advisor to discuss your OPT eligibility and to manage work authorization options.
Students who utilize OPT for entrepreneurial pursuits should keep meticulous records about employment (including but not limited to):
- Business licenses showing you as an employer;
- Federal Employer Identification Number (EIN);
- Proof that you are actively engaged in the business;
- Letters of employment documenting your title, duties, location, pay rate (if applicable);
- Bank account information for your business;
- Proof that the business is related to the student’s (your) degree program.
If you graduated from a qualifying academic program, you may be eligible to apply for STEM OPT which grants an additional 24 months of OPT beyond the initial 12-month period of post-completion OPT (described above). There are many more specific requirements for both the student and employer that must be met for you to retain STEM eligibility. A comprehensive overview of all STEM OPT extension requirements is available on our F-1 STEM OPT page. Further details are also provided in the STEM FAQs.
For any work done on STEM OPT, there must be a “bona-fide” employer/employee relationship outlined on the Form I-983 Training Plan. Form I-983 should document how your employer and supervisor will provide you with training during the STEM OPT period. Your employer must have hiring and firing authority relative to you and your position. Students wishing to use STEM OPT to work on their own start-up should consult with an attorney about structuring the company in such a way as to allow STEM employment. Please provide a copy of any documentation to the HIO as part of your STEM OPT application as we will want to keep it on file for compliance purposes. It also represents a key component of your own immigration record, and you should maintain detailed records for yourself as well.
Students on STEM OPT must be paid as much as “similarly situated” U.S. employees. It is not possible to only work for equity while on the STEM OPT Extension. Your company should be familiar with Department of Labor laws and minimum wage requirements of the state in which you will work. It is important to familiarize yourself with STEM OPT requirements and reporting obligations that apply to employers as well. You will need to work at least 20 hours per week and payment should be reflected accordingly.
Often students will report to a U.S. citizen or legal permanent resident co-founder who will complete and sign the I-983 training plan.
Your supervisor should not be another student on a sponsored visa.
Academic Training is the work authorization associated with the J-1 student categories. Self-employment is not possible on Academic Training. The Department of State has provided guidance that a training supervisor is required, and "the visa sponsor must evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program." [ 22 CFR 62.23(f)(6) ].
The HIO does not advise on employer sponsorship for non-Harvard employees. Generally, there is an employer/employee component that serves as the foundation for employment-based visas. As a result, self-employment in one of these statuses must be discussed with an immigration attorney who can advise on eligibility, processes, and the filing timelines associated with these visa types.
Government agencies have become more savvy regarding social media and internet searches, and it is especially important that your visa-based employment authorizations align with your employment activities. Failure to obtain proper work authorization while participating in employment activities could jeopardize future U.S. immigration benefits, including as H-1B, TN, E-3, O-1, or L-1 sponsorship and legal permanent residency, etc.
- Social media handles are requested as part of the DS-160 application for a non-immigrant visa.
- Any online postings of the following can be easily reviewed by consular officers:
- CV/ resume, LinkedIn page, etc.
- Company websites with job titles
- Corporate incorporation documents stating titles that are included in public records at the local, state, or federal level. This also includes the Corporate Transparency Act, Beneficial Ownership Information.
Partnering with an immigration attorney can be an important and critical step in creating a business. You will want to be in touch with someone early to help you realize your plan and how your immigration status intersects with your business model. You may also need to consult with a corporate attorney regarding the creation of a business.
The HIO hosted an informational session focused on entrepreneurship with immigration attorney Mary E. Walsh, a partner at Iandoli Desai & Cronin, P.C. which is a firm specializing in U.S. immigration law. This session is an educational resource, and addresses questions such as: What should non-immigrant students and academics know about launching a business at various stages of their immigration journey? What activities count as U.S. employment? What options exist for work authorization both in the short-term and longer-term alternatives?
You can review a recording of the session and the slide presentation.
The HIO is happy to provide our immigration attorney referral sheet for those interested.
F-1 Employment with an International Organization
This F-1 employment benefit allows F-1 students to work for recognized international organizations, as identified by the International Organization Immunities Act [59 Stat. 669]. Unlike other F-1 work authorization benefits, students are eligible to apply for Employment with an International Organization as soon as they enter the U.S. in F-1 status. Time approved by USCIS to work for an International Organization will not be deducted from your 12 month period of Optional Practical Training (OPT). Employment with an International Organization may be approved up until a student's commencement or graduation date.
- The employment is for an internship with a recognized international organization and is within the scope of the organization's sponsorship.
- The student is in good academic standing.
- The employment may be up to 20 hours per week when classes are in session, or full-time during official school breaks.
- Authorization is only available during a student’s program of study, before completion of the academic program.
- Obtain an offer letter from a recognized International Organization
- Email the offer letter from the International Organization to your HIO Advisor as early as 90 days before you wish to begin employment. The letter needs to include the following details: (1) description of internship, (2) dates of employment, (3) place of employment and (4) number of hours per week.
- The HIO will review your request and issue a new form I-20 with the recommendation for the employment.
- Send your completed application to USCIS for review. The HIO will provide instructions on this application. Please note, processing times at USCIS may take 3 months or more. Until you receive an approved EAD card from USCIS, you are not yet authorized to begin work.
Please note, USCIS does NOT accept applications for F-1 Employment with an International Organization online. To request this work authorization, you must follow the instructions provided to you by the HIO to prepare and mail a hard copy application to USCIS.
- Upon receipt of application, USCIS will be send you a Receipt Notice. This notice will provide you with information to track the progress of your case on line on the USCIS website. It can take up to 90 days to process this application.
- If approved, you will receive an employment authorization document (EAD card).
- You may not begin employment, prior to the start date noted on your EAD card and may not work longer than through the end date.
Transitioning to H-1B Status
Students in F-1 or J-1 status may have an employer sponsor them for a visa type based on employment, such as an H-1B. This can happen during the time that they are on a Harvard sponsored F-1 Optional Practical Training, STEM OPT or J-1 Academic Training student visa.
It is crucial that you inform the Harvard International Office of these changes in employment visa type as it can intersect in various ways with your student immigration record.
An F-1 and J-1 student must inform Harvard about their pending H-1B petition and when it is approved so the HIO can make necessary updates to their SEVIS Record. This information is not proactively or accurately provided to the HIO, so we exclusively rely on the student to provide this information to our office so that we can ensure that your F-1 or J-1 student record is accurate.
Note: Institution of higher education and affiliates, non-profit research organizations, and government research organizations are exempt from the H-1B lottery system.
When an F-1 or J-1 student on Harvard’s Form I-20 or DS-2019 has an employer filing a new visa type for them, it is important the student informs the HIO about key items on their employer petition. For instance, these are some important questions to ask and understand about the employer’s case.
- When will the employer petition, like H-1B, be filed?
- How will it be filed – change of status or consular notification?
- Will the petition be filed using expedited/premium processing?
- When does the employer expect the petition to be approved?
- How do I get a copy or the USCIS approval notice?
It is very important that a student informs the HIO if their H-1B case has been approved for Consular Notification using the Transitioning to H-1B Form.
International travel is not recommended until this process has been completed. The HIO is not notified automatically of H-1B filings. It is the responsibility of the student to alert the HIO about your H-1B filing by completing the Transitioning to H-1B Form. Failure to do so could result in international travel issues.
Unfortunately, there is a nationwide technical glitch in the Student and Exchange Visitor Information System (SEVIS) system. The SEVIS system incorrectly defaults to all H-1B cases to Change of Status. The SEVIS system cannot distinguish between H-1B petitions that were submitted as “Changes of Status” vs. those that were submitted via “Consular Notification”. As a result, each year thousands of F-1 and J-1 SEVIS records are incorrectly “completed.” This glitch impacts travel on F-1 or J-1 status most significantly.
Luckily, this error can be fixed but only when a student informs the HIO.
Using the Transitioning to H-1B Form, you need to provide us with the I-797 H-1B Approval Notice in order for the HIO to request a correction of your SEVIS record. The SEVIS Help Desk will not accept a Receipt Notice—it must be the Approval Notice to correct your SEVIS record.
F-1 OPT Students: HIO OPT Reporting
- Select: “I am no longer participating in OPT and need to end my F-1 status I have changed visa status in U.S”
F-1 STEM OPT Students: End of STEM OPT
J-1 Academic Training Students: Final Evaluation form
If you require a Cap Gap I-20 as a result of your Change of Status H-1B, please visit our Cap Gap page for additional information.