Working in North America:
Rules and visa
requirements
Have you
decided to study abroad?
And would you also like to gain some
work experience?
Then remember that every country has its own rules and
regulations. You should make sure that you know beforehand what
you need to do. In this lesson you will find information on
Canada, the USA and the United
Kingdom.
Working and studying in
Canada
There are various options that you can choose from:
working on or off campus, co-op and internship programs and
working after graduation.
Working on campus
You may work on campus
at the institution where you study without a
work permit if:
-
- you are a full-time student at:
-
- a public post-secondary
institution, such as a college or university, or
a collège
d'enseignement général et professionnel
(CEGEP) in Quebec
- a private post-secondary
institution that operates under the same rules and
regulations as a public institution, and receives at least 50
percent of its financing for its overall operations from
government grants (currently only private college-level
educational institutions in Quebec qualify) or
- a Canadian private institution
authorized by provincial statute to confer degrees and
- you have a valid study permit.
Working off campus
The Off-Campus Work Permit
Program allows certain foreign students to work off campus
while completing their studies. To qualify, you must be a full-time student enrolled at a participating
publicly funded post-secondary educational institution or
in an approved program at an eligible privately
funded institution.
Participating publicly funded post-secondary
educational institutions:
-
- are public post-secondary institutions,
such as a college or university or a collège d'enseignement général et
professionnel (CEGEP) in Quebec or
- are private post-secondary institutions
that operate under the same rules and regulations as public
institutions, and receive at least 50 percent of their financing
for their overall operations from government grants (currently
only private college-level educational institutions in Quebec
qualify) or
- have signed an off-campus work
agreement with their provincial or territorial government.
Eligible privately funded post-secondary
institutions:
-
- are located in a province or territory
that has signed a memorandum of understanding with CIC
- have signed an off-campus work
agreement with their provincial or territorial government and
- have approval from their provincial or
territorial government to grant specific degrees.
Please note that not all programs offered by
private post-secondary educational institutions qualify. For more
information on qualifying programs, contact the eligible
institution directly.
To work off campus,
you must apply for a work permit. Do not
begin to work off campus until you have received your work
permit. The work permit authorizes you to work
up to 20 hours per week during regular academic sessions,
and full time during scheduled breaks
(for example, winter and summer holidays, and spring
break).
A work permit does not guarantee that you will
find a job. It is your responsibility to look for work. Even if
you work off campus, your studies must be the main reason you are
in Canada. If
you are no longer a full-time student or do not maintain
satisfactory academic results, you must return your work permit
to a local Citizenship and Immigration Canada office.
Co-op or internship programs
For some academic programs, work experience is
part of the curriculum. Foreign students
who wish to participate in a co-op or
internship program must apply for a work permit as well as a
study permit.
Who can
apply?
To be eligible for a work permit, you must meet
the following conditions:
-
- You must have a valid study permit.
- Your intended employment must be an
essential part of your program of study in Canada.
- Your employment must be part of your
academic program, certified by a letter from a responsible
academic official of the institution.
- Your co-op or internship employment
cannot form more than 50 percent of the total program of study.
How to apply
There
are four steps to apply for a work permit:
1. Obtain an application package.
The package includes the application guide and
all the forms you need to fill out.
2. Read the
guide.
Read the guide carefully before you complete
the application form. Photocopy the blank forms and use one as a
working copy. Keep the working copy for your records.
3. Complete the
application form and attach the necessary documents.
The application form contains instructions.
Read those instructions and be sure to provide the required
documents. If information or documents are missing, your
application may be delayed. The Document Checklist in the
application kit will tell you what documents to include.
Answer all questions carefully, completely and
truthfully. Answers can be typed or handwritten (print clearly in
black ink). Incomplete applications will not be processed, but
will be returned to you. This will delay the application
process.
There is no processing fee for this work
permit.
4. Mail the
application form and documents.
The application kit contains the mailing
address where you must send your application.
Working after
graduation
If you want to work
in Canada after you graduate from your
studies, you must apply for a work permit under
the Post-Graduation Work Permit Program.
Post-Graduation Work Permit Program
The Post-Graduation Work Permit Program allows
students who have graduated from a participating Canadian
post-secondary institution to gain valuable Canadian work
experience.
A work permit under the Post-Graduation Work
Permit Program cannot be valid for longer than
the student's study program. For example, if you graduate
from a four-year degree program, you could be eligible for a
three-year work permit if you meet the criteria. If you graduate
from an eight-month certificate program, you would be eligible
for a work permit that is valid for no more than eight
months.
Note: In some
circumstances, the work permit may be valid for less time than
the length of your studies.
If you would like to know more information, have a look at the
following website which answers some frequently asked questions.
http://www.cic.gc.ca/english/information/faq/study/index.asp
Working and studying in
the USA:
Working on Campus
Non-immigrant students in F-1 or J-1 status are
eligible to work at the school they are attending and which
issued them their SEVIS I-20 (F-1) and
SEVIS DS-2019 (J-1) Forms. On-campus
employment includes all assistantships, fellowships, and
scholarships. In order for a student to be considered eligible
for on-campus employment, s/he must be enrolled
as a full-time student and must be in lawful F-1 or J-1 student
status.
Your eligibility for on-campus employment is in
effect ONLY as long as you are
maintaining lawful non-immigrant F-1 or J-1 student status (refer
to Rules for Maintaining Lawful F-1 Status in the
United States and
Rules for Maintaining Lawful J-1 Status in the
United States). If you
violate your status, you make yourself ineligible for on-campus
employment, because on-campus employment is a benefit granted
only to those students who maintain lawful status.
If you were to violate your status and continue
working on-campus, you would be engaging in illegal employment,
and would potentially risk deportation. You would also jeopardize
your eligibility for any future benefits from U.S. Citizenship
and Immigration Services (CIS), such as
"practical training," "academic training," and/or adjustment to
another non-immigrant status.
Working off-campus
Off-Campus Employment is available to
non-immigrants in F-1 and J-1 student
status under certain conditions. You may begin off-campus
employment only AFTER
you have obtained authorization to do so.
Options for F-1
students
Optional Practical Training
(OPT): Optional practical training is off-campus work
authorization that may be obtained from U.S. Citizenship and
Immigration Services (CIS) to accept
employment in your academic field. You are eligible to
apply for OPT once
you have maintained your F-1 status for a minimum of one academic
year. F-1 students are eligible for 12
months of optional practical training in their program of
study. New regulations allow F-1 students to apply for a second
period of OPT based on a second degree
at a higher educational level (example: a student who has already
completed a U.S. bachelor's degree who goes on to pursue a Masters degree).
However, there are very specific restrictions and timetables
stipulated in the new regulations related to this benefit.
Curricular Practical Training
(CPT): CPT is off-campus work authorization that may be obtained
from the International Student Office to accept employment in
your academic field. You are eligible to apply
for CPT once you have maintained your
F-1 status for a minimum of one academic year.
CPT requires that you receive academic
credit for the work experience for which you are requesting
authorization.
Economic
Hardship: Work permission based on unforeseen severe economic
hardship is available to students who
have maintained lawful F-1 status for a minimum of one academic
year and can demonstrate that they have suffered an unforeseen change in their financial
circumstances. For more information, please call the
OISS at 954-262-7240 to schedule an
appointment.
Options for J-1
students
Academic Training:
Academic Training allows students in J-1 status
to gain practical experience in their major field of study.
Academic Training authorization permits you to
take a job that is directly related to your field of study
and appropriate to your educational level. You may apply for academic training either prior to or after
completion of studies and schedule an appointment with an
International Student Advisor.
Economic
Hardship: Work permission based on unforeseen severe economic
hardship is available to students who
have maintained lawful J-1 status for one academic year,
are currently in good academic standing,
can demonstrate that they have suffered an
unforeseen change in their financial circumstances, and
have found that on-campus work opportunities
are not available or adequate. For more information,
please call the OISS at 954-262-7240 to
schedule an appointment.
How many hours per week are you
eligible to work?
All
forms of employment (both on-campus and off-campus) are limited
to no more than 20 hours per week during the academic year i.e.
when school is in session. For example, if a student has two jobs
and works 12 hours/week at the first job, he may work no more
than 8 hours/week at the second job.
The 20-hour limit is applied to each week,
meaning that a student can work no more than 20 hours in any
given week. For instance, a student cannot work
23 hours one week and 17 the next (which averages out at 20
hours/week); to do so would constitute illegal employment, as the
student worked more than 20 hours in the first week. Students who
are maintaining their status are eligible to work full-time
during holidays and annual vacation periods, provided they intend
to register for the next academic session.
Work authorization for unpaid
internships or volunteer opportunities
Because the U.S. government's definition of
"employment" is relatively broad, the vast majority of off-campus
professional opportunities will require some form of legal
authorization well in advance of participation. When in doubt,
please make an appointment to meet with an OISS advisor to discuss the nature of your
prospective opportunity.
If the Office of International Student and Scholars (OISS) authorized you to work either on or off
campus, and you meet Social Security's eligibility requirements
described in the next section, you can get a Social Security
number.
Applying for a Social Security
number
In general, only non-citizens
who have permission to work from DHS
can apply for a Social Security number. To apply for a
Social Security number:
-
- Complete an Application For A Social
Security Card (Form SS-5); and
- Show original documents proving
your:
-
- Immigration status;
- Work eligibility;
- Age; and
- Identity.
- Take your completed application and
original documents to your local Social Security office.
Showing your Immigration
status
To prove your immigration status, you must show
your Social Security Office the current U.S. immigration document, I-94,
Arrival/Departure Record, issued to you when you arrived in
the United States. If you are an F-1 or M-1 student, you also must show your
I-20, Certificate of Eligibility for Nonimmigrant Student Status.
If you are a J-1 or J-2 exchange visitor, you must show your
DS-2019, Certificate of Eligibility for Exchange Visitor
Status.
Work eligibility
If you
are an F-1 student and eligible to work on campus, you must
provide a letter from OISS that
identifies your employer and the type of work you are, or will
be, doing. The Social Security Office will also need to see
evidence of that employment, such as a recent pay slip or a
letter from your employer. Your supervisor must sign and date the
letter. The letter must describe:
-
- Your job;
- Your employment start date:
- The number of hours you are, or will
be, working; and
- Your supervisor's name and telephone
number.
If you are an F-1
student authorized to work in curricular
practical training, you must present your Form I-20 with the employment page (page 3)
completed and signed by an OISS
official.
If you are an F-1 or M-1
student and are authorized to work off
campus, you must present the Employment
Authorization Document (I-766 or I-688B) you received from
DHS.
If you are a J-1
student, you must provide a letter from
your sponsor. The letter should be on sponsor letterhead
with an original signature that authorizes your
employment.
Age
You must present your birth certificate if you
have it or can easily obtain it. If not, The Social Security
Office can consider other documents, such as your passport or a
document issued by DHS, to prove your
age.
Identity
The Social Security Office can accept only
certain documents as proof of identity. An acceptable document
must be current (not expired) and show your name, identifying
information and preferably a recent photograph. Social Security
will ask to see your current U.S.
immigration documents. Acceptable immigration
documents include your:
-
- Form I-551 (includes machine-readable
immigrant visa with your unexpired foreign passport);
- I-94 with your unexpired foreign
passport; or
- Work permit card from DHS (I-766 or I-688B).
All documents must be either originals or
copies certified by the issuing agency. Social Security cannot
accept photocopies or notarized copies of documents. They also
cannot accept a receipt showing you applied for the document.
Social Security may use one document for two purposes. For
example, they may use your DHS work
permit as proof of both work eligibility and identity. However,
you must provide at least two separate documents.
The Social Security Office does not require you
to have a Social Security number before you start work. However,
the Internal Revenue Service requires employers to report wages
using a Social Security number. While you wait for your Social
Security number, your employer can use a letter from Social
Security stating that you applied for a number. Your employer may
use your immigration documents as proof of your authorization to
work in the United
States.
References:
Canada: http://www.cic.gc.ca/english/index.asp
USA:
http://www.nova.edu/internationalstudents/faqs.html
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