Working and Volunteering in the U.S.

Working and Volunteering in the U.S.

There are multiple types of work authorizations available to Denison international students. Each type of work authorization has different rules, processes, and timelines. Some are authorized by Denison University's International Student Support and others must be approved by the U.S. Citizenship and Immigration Services (USCIS). Please read the information below to learn more about each type of employment.

Your employer may or may not be familiar with hiring international students. Guidance on completing new hire paperwork (particularly the I-9) can be found here. Feel free to refer unfamiliar employers to that handbook and this webinar if they are uncertain how to proceed.

On-Campus Employment

Students in F-1 immigration status may work on campus while maintaining their F-1 status. Students may work up to 20 hours per week while school is in session. During official school breaks and vacation periods, students may work on campus more than 20 hours per week, provided they intend to register for the next academic term.

What counts as on-campus employment?
On-campus employment is employment performed on the premises of Denison University or at an affiliated location. Examples include positions normally performed by students, such as work in the library, dining facilities, campus offices, or campus bookstore. 

On-campus employment may also include work at on-campus commercial entities that provide direct services to Denison students on campus, such as:

• Harvest Table/Aramark dining facilities

• Denison Edge

• On-campus coffee shops

Work for third-party contractors or businesses that do not directly provide services to Denison students on campus, such as construction crews or external service contractors, does not qualify as on-campus employment. 

Denison on-campus summer research positions are considered employment and are therefore subject to the same on-campus employment rules. The Impact on Campus Summer Internship Program may also qualify as on-campus employment when the position meets these requirements. 

Finding and securing on-campus employment
Students should be hired directly by Denison University or through an on-campus employer listed in Handshake. For current student job postings, please log into Handshake. 

Working directly for a Denison employee or affiliate on a personal project or grant-funded opportunity is not necessarily considered on-campus employment. Students should consult with the Center for Global Programs before accepting employment that does not follow the standard on-campus hiring process. 

Social Security Number
Students must have/apply for a Social Security Number to hold an on-campus position. Consult the New Hire Paperwork and Social Security Process tab for application instructions.

Curricular Practical Training

Curricular Practical Training (CPT) is employment authorization that allows eligible F-1 students to participate in off-campus practical training that is a required part of their academic program. 

At Denison, CPT will be authorized only when practical training is required for graduation from the student’s major and all students in that major are required to complete the practical training in order to earn the degree. An internship, work experience, or paid research that is optional or available only to some students in a major does not qualify for CPT authorization.

The practical training must also be directly related to the student’s major.

Eligibility Requirements
To be eligible for CPT, students must: 

• Have completed at least one full academic year (nine months or two semesters) in valid F-1 status, unless an exception applies under federal regulations; 

• Be maintaining valid F-1 status and making normal, satisfactory progress toward completion of their degree;

• Be enrolled in a major that requires practical training for graduation, with the requirement applying to all students in the major; and

• Participate in practical training that is directly related to their major.

Academic credit alone does not make an internship eligible for CPT. Enrolling in a course does not establish CPT eligibility when the internship or practical training is not a required component of the student’s major. 

Applying for CPT
Students whose major requires practical training for graduation should submit a CPT request through the Denison ISS Portal. Log in and click on the “Create a Request” button, then select the CPT request.

CPT authorization must be approved before employment begins. Students should not begin off-campus employment until they have received CPT authorization from the Center for Global Programs.

CPT is only authorized for a semester at a time. Please consult with the Center for Global Programs if your internship will go beyond one academic semester.

Unpaid Internship Guidance for International Students

International students may participate in certain unpaid internships and experiential learning opportunities in the United States. However, “unpaid” does not necessarily mean that the experience is not employment under U.S. immigration or labor law.

Before accepting or beginning an unpaid internship, F-1 students should carefully review the information below and consult with the Center for Global Programs if they have questions about whether employment authorization is required.

Center for Global Programs Recommendation

The Center for Global Programs strongly recommends that F-1 students obtain appropriate employment authorization before participating in any unpaid internship in the United States. This recommendation applies even when an employer identifies the position as an “unpaid internship” or does not provide wages. 

Unpaid internships can present a particularly challenging area because an internship must meet applicable Department of Labor requirements to qualify as a lawful unpaid internship. Simply labeling an opportunity as “unpaid” does not make it an unpaid internship under U.S. law. 

Obtaining appropriate employment authorization provides an important additional safeguard for F-1 students. However, employment authorization does not make an otherwise unlawful unpaid internship lawful. The internship must still meet applicable requirements for unpaid internships under U.S. labor law.

If an unpaid internship does not meet the applicable requirements for an unpaid internship and the student is performing work that constitutes employment, the student may face consequences under both labor and immigration law, including potential concerns regarding compliance with F-1 immigration status. 

Students should not begin an unpaid internship without first consulting the Center for Global Programs and, when appropriate, obtaining employment authorization.

Unpaid Internships and Work Authorization

An employer cannot avoid wage or immigration requirements by labeling a position an “unpaid internship.”

Under U.S. Department of Labor (DOL) requirements, an unpaid internship with a private, for-profit employer must be evaluated to determine whether the intern is an employee entitled to minimum wage and overtime protections under the Fair Labor Standards Act (FLSA). 

At the same time, U.S. immigration regulations have separate requirements for F-1 students. An unpaid internship may still constitute employment for immigration purposes. If the activity is employment that requires authorization, an F-1 student must have appropriate employment authorization before beginning the activity. 

Therefore, students should not assume that they may participate in an unpaid internship simply because they will not receive wages. 

Department of Labor: When can an internship be unpaid?

The U.S. Department of Labor uses a “primary beneficiary test” to evaluate whether an intern or student is an employee under the FLSA. The test considers the economic reality of the relationship between the intern and the employer. 

The DOL considers the following seven factors https://www.dol.gov/agencies/whd/fact-sheets/71-flsa-internships:

• The extent to which the intern and the employer clearly understand that there is no expectation of compensation (compensation may include a salary, hourly wage, stipend, housing or food allowance, transportation pass, etc.). Any promise of compensation, expressed or implied, suggests that the intern is an employee–and vice versa.

• The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.

• The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.

• The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.

• The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.

• The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.

• The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

Employment and Volunteering

A common misconception is anything unpaid counts as "volunteering". According to U.S. labor laws, there is more to distinguish between employees and volunteers than whether an individual receives a regular paycheck. Work that is unpaid may still be considered employment for F-1 or J-1 status holders.

What is an employee? The definition of an employee used in the context of immigration regulations is as follows: "An individual who provides services or labor for an employer for wages or other remuneration";. Please note that the term "remuneration" is very broad and includes a variety of non-monetary benefits, such as free housing, food, gifts, etc.

What is a volunteer? According to the Department of Labor, a volunteer is: an "individual who performs hours of service... for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered." To be considered a volunteer, the work performed by the individual must meet the following criteria:

• No expectation of compensation

• The volunteer cannot displace a genuine employee,

• The services provided by the volunteer should not be the same services for which he or she was previously paid and/or expects to be hired and paid for in the future

• Services are performed for a non-profit organization for public service, religious or humanitarian objective.

• Work at a for-profit entity is considered employment and must be for pay. The only exception is made for training programs where the trainee functions, to some degree, like an employee, but is under close supervision and provides no significant measurable work for the employer. The trainee must not take the place of a paid employee. For example, students who are considered student interns may engage in unpaid internships at for-profit organizations.

U.S. Department of Labor Rules for Volunteering

U.S. Department of Labor is concerned both with the protection of jobs for United States citizens, and with the prevention of exploitation of workers. They have created laws to ensure that employment that should be paid is not done for free.

To determine whether an individual is a true volunteer engaged in “ordinary volunteerism,” the Department of Labor considers a number of factors. No single factor is determinative. The factors include:

• Is the entity that will benefit/receive services from the volunteer a nonprofit organization?

• Is the activity less than a full-time occupation?

• Are the services offered freely and without pressure or coercion?

• Are the services of the kind typically associated with volunteer work?

• Have regular employees been displaced to accommodate the volunteer?

• Does the worker receive (or expect) any benefit from the entity to which it is providing services?

Optional Practical Training

Optional Practical Training (OPT) is a work benefit for international students in F-1 immigration status who are enrolled in or completing a degree program in the U.S. OPT is not a “work visa” and does not require you to remain at one company for the entire OPT period. Authorization for OPT requires an application to USCIS and is granted by the USCIS. According to USCIS, processing time for OPT applications can be 90 days or longer.

Pre-Completion Optional Practical Training (prior to graduation)

Pre-completion OPT is permitted for F-1 students as long as the work is for no more than 20 hours a week while school is in session.

Full-time employment under this category is allowed during vacations and recess periods as long as the student intends to register for the next term. Time spent in pre-completion OPT will be deducted from the 12 months of full-time employment available for post-completion OPT. For example, if the student works 20 hours a week for four months, he/she would have two months deducted from the 12 months of post-completion OPT.

Applications are submitted to the U.S. Citizenship and Immigration Services for final decision. 

If you do not already have an SSN, you may apply within the OPT application (I-765).

Post-Completion Optional Practical Training (after graduation)

F-1 students are entitled to up to one year post-completion OPT for each successive and higher degree. Time spent in pre-completion OPT is deducted from the 12-month total practical training period.

You may apply for post-completion OPT up to 90 days before your completion date, and up to 60 days beyond the end date of your I-20. USCIS must receive your application no later than 30 days after ISS creates the OPT I-20. Applications are submitted to the U.S. Citizenship and Immigration Services (USCIS) for final decision.

To apply for Optional Practical Training (OPT), please login and click on the “Create a Request” button and select the Optional Practical Training (OPT) Application request. If you have already started a request, do not start a new one. Please go to your Request tab and locate your OPT Request under Pending Requests.

If you do not already have an SSN, you may apply within the OPT application (I-765).

24-Month STEM OPT Extension

Students who have completed a STEM degree in the U.S., may be eligible to apply for an additional 24 months of STEM OPT up to 90 days prior to the expiration of their OPT. For more information about STEM OPT, please review the information on Study in the States. 

Eligibility Requirements

• The employment extension is based on/must be related to the STEM degree. Qualifying Denison University majors are: Astronomy, Biochemistry, Biology, Chemistry, Computer Science, Data Analytics, Economics, Sustainability and Environmental Studies, Finance, Financial Economics, Geosciences, Physics, Mathematics, Applied Mathematics, and Psychology. 

• The student must have maintained valid F-1 status.

• The student must be currently on post-completion OPT.

• The employment must be full-time. For immigration purposes, full-time is defined as more than 20 hours per week.

• The student must be offered a job by an employer currently registered with the E-Verify program. Learn more about the E-Verify Program.

• The student must not be self-employed.

• The student must not have been granted more than one STEM extension in the past. The STEM extension is only available twice per lifetime, regardless of the number of STEM degrees earned.

• The STEM application must be received by the USCIS prior to the end of the initial period of post-completion OPT, and within 60 days of ISS creating the STEM OPT I-20.

• The student and employer must complete form I-983 and agree to adhere to it and comply with reporting requirements.

To apply for 24-Month STEM OPT Extension, please login and click on the Student Request tab and select the STEM OPT Extension Request. If you have already started a request, do not start a new one. Please go to your Request tab and locate your STEM OPT Extension Request under Pending Requests.

Remote Work

While you are enrolled as a student at Denison, remote work could fall into one of three categories:

• Remote work for any employer (U.S.-based or non-U.S.), completed while you are physically outside the United States (no work authorization needed)

• Remote work for a U.S.-based company, completed while you are physically in the United States (work authorization required)

• Remote work for a non-U.S. company, completed while you are physically in the United States (work authorization required)

In the first case, there are no immigration concerns, as you are not considered to be in F1 status while you are outside the U.S. You do not require work authorization from ISS/USCIS (for example, CPT) to engage in employment that is completed while physically present outside of the United States.

In the other two cases, you must have work authorization before you can engage in that employment. Whether or not your employer is located in the US (and whether or not you are paid into an American bank account), you must have work authorization to engage in employment while you are within the borders of the United States.

U.S.-based employers will require you to have a Social Security Number for payroll/tax purposes. Consult the New Hire Paperwork and Social Security Process tab for application instructions.