| 1. | Are F-1 Students exempt from Federal tax withholdings? |
| F-1 students working pursuant to Curricular or Optional Practical Training are exempt from FICA, Social Security and Medicare withholdings, provided that they are treated for U.S. income tax purposes as a "non-resident" or have proved that an applicable tax treaty exempts them from having to make FICA contributions. F-1 students who have resided in the U.S. for more than five years often are regarded as "residents" for U.S. income tax purposes and lose their exemption from FICA tax payment. Employees affected by this exemption should seek professional tax advice for more details. It is important to note that being declared a resident for tax purposes does NOT mean the employee is considered a Permanent Resident for immigration purposes.
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| 2. | Can an F-1 Student work while in the U.S.? |
| Sometimes. There are four different ways an F-1 Student may be able to undertake paid employment: 1) Part-time on-campus employment; 2) requesting work authorization from USCIS due to financial hardship; 3) Curricular Practical Training approved by the school as part of the curriculum; 4) Optional Practical Training approved by USCIS. Students should always consult an attorney or their Designated School Officer (DSO) before accepting employment.
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| 3. | Can I enter the U.S. on a B visitor visa and then change status to student (F or M) status? |
| YES. However, a new interim regulation now requires a foreign national who is admitted to the U.S. on a B-1 or B-2 visitor's visa on or after April 12, 2002 to obtain approval from USCIS of any change of status to F-1 or M-1 student status before they may enroll in a course of study. Furthermore, students may not change status from M-1 to F-1 status in the U.S. New proposed regulations may also require prospective students to declare their intent to change to student status and present any Form I-20's they have been issued by prospective schools at the time they enter the U.S., and their I-94 cards will be annotated accordingly by the USCIS inspector.
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| 4. | Can my dependents work in the United States? |
| NO. F-2 dependents are not authorized to work in the US.
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| 5. | How do I extend my F-1 status? |
| F-1 students are generally admitted to the US for "Duration of Status". This means that F-1 students remain in legal status for as they continue to pursue a degree as a full-time student and do not otherwise violate the terms of their F-1 status. Extension of F-1 status is done through issuance of a new SEVIS I-20 by the Designated School Officer (DSO) at the school in which the student is enrolled. This is typically only necessary when the student wishes to transfer to a new school or when the student changes level (e.g. from undergraduate student to graduate student). Students should contact their DSO for assistance in extending their F-1 visa classification.
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| 6. | How long can I stay in the U.S. in F-1 status if my employment (pursuant to Optional Practical Training) is terminated? |
| Foreign nationals in F-1 Optional Practical Training are authorized to be in the United States until the expiration of their Employment Authorization Document (EAD card). In addition, the USCIS allows foreign nationals in F-1 status to stay in the U.S. 60 days beyond the date of termination of their educational studies or work authorization. Before the 60 days have passed, the F-1 student must change or extend their nonimmigrant visa classification, or leave the United States.
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| 7. | If I travel outside the U.S. while studying in F-1 status, what documents do I need in order to re-enter the U.S.? |
| The following documents are required for an F-1 student to re-enter the United States: valid student visa (unless the student is a Canadian citizen), valid passport, and a properly endorsed SEVIS Form I-20. A properly endorsed Form I-20 signed by the DSO certifies that the student continues to pursue a full course of study or work authorization. Re-entry into the U.S. must occur within six months of the DSO's endorsement. Student who have graduated and are working in Optional Practical Training, should also travel with their valid EAD card and a letter from the employer confirming employment.
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| 8. | What do I do if my EAD card issued for purposes of Optional Practical Training is about to expire? |
| The employee should contact the Human Resources Department no later than six months prior to expiration of the EAD to ensure that sufficient time remains for the employer to apply for a change of status to H-1B classification on the employee's behalf. Once the OPT expires, the employee can no longer work for the U.S. employer until and unless a new employment authorized status has been approved by USCIS. (It is a violation of federal immigration law for a U.S. employer to employ anyone without valid employment authorization). It is ultimately the employee's responsibility to ensure that they remain in lawful status at all times and to provide the employer with proof of employment authorization pursuant to Form I-9 regulations.
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| 9. | What do my dependents qualify for? |
| The United States government may allow spouses and children under the age of 21 years to accompany the foreign national to the United States. Dependents of F-1 Visa holders may receive F-2 visa classification.
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| 10. | What is Curricular Practical Training and how do I qualify? |
| Curricular Practical Training (CPT) is a privilege available to qualified students who hold F-1 visa classification so that the student may gain practical experience in his or her field of study. CPT is authorized by the Designated School Official at your school and may be authorized in one of three ways: The student will obtain academic credit for the work experience (e.g. internship program), the student must obtain work experience in order to fulfill a graduation requirement, or the work experience is part of a university-approved cooperative education program.
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| 11. | What is Optional Practical Training and how do I qualify? |
| Optional Practical Training (OPT) allows graduating F-1 students to gain practical experience in their field of study for up to 12 months. OPT can be used either within the 14 months after graduation or during summer breaks, provided that the student has been enrolled at the school for at least one academic year before applying. Prior to accepting employment, F-1 students must first get their OPT approved by their DSO and then obtain an Employment Authorization Document [EAD] from the USCIS. EAD's are obtained by filing a completed application form (Form I-765) with the endorsed SEVIS Form I-20 and filing fee to the USCIS. The USCIS may take over 90 days to approve an EAD application. Therefore, it is essential to file for the EAD well before the anticipated start of employment.
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| 12. | What is the F-1 Visa Classification? |
| F-1 visa classification is granted to students enrolled in a full-time course of study at a college or university in the United States. Typically, students holding F-1 visa classification are allowed to remain in the U.S. for "Duration of Status", or as long as needed to complete the reported course of study on a full-time basis, plus 60 days.
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| 13. | What issues should I be aware of when I travel outside the U.S. in F-1 Practical Training classification? |
| Nonimmigrant Intent: Even though your student visa was previously issued, whenever you depart and re-enter the United States, you are subject to the general requirements of your F-1 nonimmigrant visa classification. The F-1 visa classification requires nonimmigrant intent. Therefore, the USCIS officer may question you regarding your future plans, in order to determine that your stay in the U.S. is indeed temporary and that your intentions are to depart the U.S. following completion of your studies and/or expiration of your Optional Practical Training. If your F-1 student visa stamp has expired and you are at the completion of your OPT period (i.e. your optional practical training ends within 30 days of your return to the U.S.), depending on your circumstances, it may not be advisable to travel. If a Petition for Change of Status to any other nonimmigrant visa classification (such as H-1B) has been filed on your behalf, you may not leave the U.S. until your change of status request has been approved; otherwise your petition will be considered abandoned by USCIS.
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