Your work rights as an international student in the USA
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THE USA: Once you arrive - Must read

Your work rights as an international student in the USA

Want to work while you study in America? It is important to know how you are protected, as well as the rules you should follow. Find out where you stand as we explain international student employment rights in the USA.

Four hands symbolise strength in unity by clenching each other's accompanying arms to form a square over the flag of the USA

Part-time employment can ease the cost of studying abroad and provide valuable experience for the future. Overall, it is a great opportunity – but to make the most of it, you should prepare carefully. As well as rules you must follow, there are many protections that exist to ensure that you are treated fairly in any job that you do. Get to know all about this now, as we explain your work rights as an international student in the USA, and what changes after you graduate.

 

How many hours can international students work in the USA?

 

Most international students in the USA can work for up to 20 hours per week in term time. During holidays, there are no limits.

 

This applies to students with an F-1 or J-1 visa. Those who are in the USA on an M-1 visa, such as vocational training students, are not eligible to work.

 

Can international students work off campus in the USA?

 

Most of the time, international students may only work on campus. This does not have to be for your university, but it does have to be for an employer that provides services to its students.

 

You may only work off campus under a few circumstances.

 

Work placements are permitted after your first year of study. These can be classed as Curricular Practical Training (CPT) or Optional Practical Training (OPT), depending on whether or not they are part of your course.

 

In both cases you can work on or off campus, with varying weekly limits. CPT can be part-time or full-time, while OPT may only be full-time after you have graduated.

 

Internships are also covered by CPT and OPT, but do not always require it. You may complete one with a recognised international organisation from your first year of study without reducing the limited amount of time you can spend on other training. You can do this for up to 20 hours per week, on or off campus.

 

Volunteering is permitted on or off campus, providing that your work is charitable or humanitarian, and completely unpaid. If either of these conditions are not met, CPT or OPT may be required.

 

You may also work off campus with special permission from U.S. Citizenship and Immigration Services (USCIS). This is only given if you have studied in America for at least a year and find yourself in severe financial need, or a crisis emerges in your home country. As such, it is rare.

 

You are also able to work at a location that is associated with your university, such as an off-site library. This qualifies as on-campus.

 

Explore student visas in the USA.

 

What jobs can international students do in the USA?

 

International students who are eligible to work in the USA can be employed in many different roles, with specific restrictions.

 

Most can work on campus for their university, or an employer that is contracted to provide services to its students.

 

This means that the following examples would be permitted:

 

  • Working as an assistant in your university library
  • Working in an on-campus cafe for a company that has a contract with your university to serve students

 

The next examples would not be permitted:

 

  • Working for a construction company that is working on your university campus
  • Working in an off-campus cafe for a company that has a contract with your university to serve students

 

If you work off-campus during OPT or CPT, this must be in a role that relates to your area of study.

 

If you receive special permission to work off campus, there will be no major restrictions on the type of work that you can do.

 

Self-employment is only permitted during OPT. Within it, you can work freelance for up to 20 hours per week.

 

Discover what work the country is keen to offer with our guide to the most in-demand jobs in the USA.

 

Minimum wage for international students in the USA

 

The minimum wage in the USA varies across the country, but always covers international students. In some states, it is equal to the federal minimum wage, which applies nationwide. In others, the figure is higher.

 

The federal minimum wage is USD 7.25 per hour. The main exception to this is for workers who receive tips. This group can be paid only USD 2.13 per hour. However, if their tips do not take their earnings above the federal minimum wage, their employer must cover the difference.

 

State minimum wages can be much higher. While almost half of states set theirs at the same rate as the federal minimum wage, most do not. For example, the minimum wage in Florida is USD 13.00 per hour. In New York, it is USD 15.50 per hour, while in California it is USD 16.50 per hour.

 

Some cities have higher minimum wages than their states. For example, the minimum wage in New York City is USD 16.50 per hour, which is one dollar more than the rate for New York state. In Seattle, all employers must pay a minimum wage of USD 20.76 per hour. This compares to a minimum of USD 16.66 per hour in its state, Washington.

 

The youth minimum wage may apply in some states. If you are under 20, this is set at USD 4.25 per hour for the first 90 days that you work for an employer (or until you turn 20). However, it is not used nationally.

 

 

Learn more about the differences across the country with our guide to the best cities for jobs in the USA.

 

Paying tax in the USA

 

International students in the USA must pay tax on income they receive in the country. This includes anything earned through employment or from other sources, such as scholarships. Even if you do not receive any income, you must file a tax return.

 

As an international student, you are very likely to be deemed a nonresident taxpayer. This means that all of your income will be taxed at 30 per cent. If you are employed, tax will be taken from your wages.

 

However, many students benefit from tax treaties between their home country and the USA. The details of these vary, but each one enables nonresidents to reduce or reclaim some of their taxable income each year. Countries with a treaty include Bangladesh and Pakistan.

 

You may also pay other taxes. State income taxes apply in many parts of the country, but not everywhere. The rate of these varies, but is rarely more than 5 per cent for international students.

 

In most cases, you will not have to pay Social Security or Medicare tax. However, if you wish to work in the USA, you will need a Social Security Number (SSN). This enables your employment to be officially registered and taxed. You may start working after you have applied for an SSN, and should provide it to your employer as soon as you receive it.

 

If you are not employed, but receive income from other sources, you should apply for an Individual Taxpayer Identification Number (ITIN).

 

Thinking about your future in the country? Get inspired by our list of top employers in the USA.

 

Who can help me with employment issues in the USA?

 

When you need advice or assistance regarding work in the USA, it will be available. Throughout the country there are many organisations and individuals who work hard to support the employment rights of everyone, including international students. 

 

Legal aid organisations are found across the USA. These can provide you with free support on both big and small issues. This could mean offering simple reassurance of your rights, or even accompanying you to meetings with your employer. For example, California's Legal Aid at Work publishes factsheets in addition to running helplines and campaigns.

 

Study in the States is a government resource that provides advice and information about every aspect of being an international student in the USA. This includes your rights and responsibilities in employment.

 

Your university should also be able to give support that extends far beyond the workplace. Find out how with our guides to careers services and international offices.

 

Can my family work in the USA?

 

Dependant family members of international students cannot work while in the USA, but may study. School is compulsory for children, while adults are permitted to enrol at institutions which are part of the Student and Exchange Visitor Program (SEVP). This must only be for part-time study.

 

Learn the facts of bringing family on a student visa.

 

Working after graduation in the USA

 

After your programme of study in the USA ends, your right to work could change. You may only continue working under a few circumstances.

 

If you plan to enrol on a new course at your college or university in the next academic term, you can continue working there. Otherwise, you must end your employment, whether it is on or off campus.

 

Although there is a 60-day grace period for international graduates on an F-1 visa, you should not use it for work. It is intended to give you the time to prepare to leave the USA, or make plans to extend your stay by other means.

 

The most common route to remaining in the USA for work is Optional Practical Training (OPT). If you have not completed this during your studies, it could enable you to enter employment for up to 12 months. If you are a STEM graduate, this could be extended for up to another 24 months.

 

 

Alternatively, you could work in the USA on an H1-B visa. This allows you to stay in the country for up to three years, and may be extended up to a total of six years. However, it is not easy to obtain. Only a limited amount are granted each year to people who are sponsored by employers to work in eligible professional roles.

 

Get more detail on your options from our guide to post-study visas in the USA.

 

We hope this has made you more confident about your work rights as an international student in the USA. It is important to remember that protections are always in place to safeguard you, and that there are people who can help when needed. Learn more about where to find them with our guide to getting support at university. For information about other countries, you can read our article on international student work rights around the world.

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