The US Department of Homeland Security has strict regulations regarding off-campus work for F-1 Students. F-1 students are only allowed to work off campus if they are authorized for
- Curricular Practical Training (CPT) or
- Optional Practical Training (OPT).
What is CPT?
CPT is a legal work authorization for degree-seeking F-1 students. The work (whether an internship, rotation, or other employment) must meet three criteria. It must be:
A) “an integral part of an established curriculum,”
B) “directly related to the student's major field of study.” (Work related to a student’s minor, concentration, or certificate is not eligible for CPT authorization.)
C) completed prior to completing degree requirements.
DHS says that “An integral part of an established curriculum” means the work must either “be required by the curriculum or, if not required, the student must receive credit for the training.” For Drake students this means the work experience must be:
1. required of all students in your major, minor, certificate or concentration.
2. accepted within your field of study or track as an approved way of meeting one or more of your curricular requirements.
3. accepted and evaluated for credit toward your degree. (If the credits earned are elective credits, they cannot be in excess of what is accepted toward earning your degree.)
Student Eligibility for CPT
Student are eligible to apply for CPT when:
- They have been lawfully enrolled as a full-time student at a Department of Homeland Security (DHS) approved school for one full academic year.
- They are enrolled as a full-time student in a graduate program that requires immediate CPT
CPT APPLICATION PROCESS:
1. Seek and obtain an offer for employment directly related to you major
2. Provide your academic advisor with a description of the job duties you will be asked to perform and the following form (from the International Center): Academic Advisor CPT Support Form
3. Submit the letter and job duties description, along with the Academic Advisor CPT Support Form to the International Center at least one week prior to your potential start date.
4. Obtain an updated I20 from the International Center showing your CPT authorization. Your new I-20 will be ready no later than one work-day before you begin work.
5. Present the updated I-20 to your employer PRIOR to starting work. DO NOT WORK for the employer prior to the start date or without having presented the updated I20.
PLEASE NOTE: CPT is only authorized for one term at a time. To continue working, even for the same employer, you must fill out a new CPT request for each semester. Students may work up to 20 hours per week when classes are in session and 40 hours per week during breaks. Graduate students and students who are doing student teaching, pharmacy rotations or who are in their final semester and are enrolled less than full-time may be authorized for up to 40 hours per week with approval from their college.
Note: Sometimes even unpaid work experiences must be authorized as CPT.
Unpaid work must be authorized as CPT if it is for the purpose of gaining practical training related to your major, for example:
Working without proper authorization carries serious, long-term consequences. Please call 515-271-2084 to make an appointment with an International Student Adviser before engaging in any paid or unpaid work.
UNPAID INTERNSHIPS – WHEN ARE THEY CPT?
Unpaid volunteer work for a company may or may not constitute an experience that should be approved as CPT. Please consider the following when determining if you need to apply for CPT and if you are unsure after reading these guidelines, please make an appointment to speak with a Foreign Student Advisor at Drake International: x2084
Volunteer work that does NOT constitute CPT: Volunteering refers to donating time with an organization whose primary purpose is charitable or humanitarian in nature, without remuneration or any other type of compensation. Examples of this are:
◦ Tutoring in an afterschool program without pay
◦ Volunteering at the Animal Rescue League
In addition to applying for CPT prior to staring your internship, you and the organization for which you will volunteer should be familiar with the Department of Labor’s guidelines for an unpaid internship:
“The Department of Labor's Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act, which addresses unpaid activity for both ‘for-profit’ and ‘public and non-profit’ entities.
◦ oThe internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
◦ oThe internship experience is for the benefit of the intern;
◦ oThe intern does not displace regular employees, but works under close supervision of existing staff;
◦ oThe employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded;
◦ oThe intern is not necessarily entitled to a job at the conclusion of the internship; and
◦ oThe employer and the intern understand that the intern is not entitled to wages for the time spent in the internship
◦ oIndividuals who volunteer to perform services for a state or local government agency;
◦ oIndividuals who volunteer for humanitarian purposes for private non-profit food banks;
◦ oIndividuals who volunteer their time, freely and without anticipation of compensation for religious, charitable, civic, or humanitarian purposes to non-profit organizations.
Again, if you are unsure if your opportunity meets these guidelines, please make an appointment with an international student advisor in the International Center.
*quoted material is from government regulation documents to include those documents referenced within the text as well as The Code of Federal Regulations, The SEVP online DSO Training Site, and the NAFSA support document – NAFSA Advisor’s Manual.
What is OPT?
OPT is a work permit for an F-1 student for full-time or part-time employment related to the student's major. Pre-Completion OPT is for employment before the student's graduation. The student must have an offer of employment at the time of application. Pre-completion OPT will take away time from the student's eligibility for Post-Completion OPT. If the student has not used Pre-Completion OPT, he or she is eligible for 12 months of Post-Completion OPT upon graduation. USCIS must receive the Post-Completion OPT application no earlier than 90 days prior to graduation and no later than 60 days after graduation. Students must make an appointment with an International Student Adviser to apply. Applications that are not authorized by an International Student Adviser will be denied. USCIS typically takes 90 days to process the application, so students are encouraged to apply two to three months before their graduation date. Students are not required to have an employment offer at the time they apply for Post-Completion OPT.
Students are eligible for one OPT authorization per degree level. However, students who graduated with STEM majors may also be eligible to apply for an additional 24 months of OPT if they are working in a field related to their STEM major and the employer participates in USCIS's e-verify system. Students who wish to extend their OPT application must apply through an international student adviser in the last 90 days of their current OPT authorization.
J-1 students may be authorized to work off-campus after completing two semesters under restricted circumstances. Please contact the International Center for further information.