Lesson 2: Work
Introduction to this lesson When a student asks me: "Can I work?", I usually 'answer' with several questions. The reason is that "work" has many different meanings. And in order to obey the law, one must know what exactly is meant by "work."
This is, in fact, one of the most important set of rules for foreigners living temporarily in the United States. Americans who do not know that you are not allowed to be employed may hire you. This would be illegal. You might not know that you are not allowed to be employed and accept the employment. That would be illegal as well. Illegal employment is -aside from committing a crime- the most serious violation of your status, and it can have serious consequences. Some of the consequences may not occur right away but some time later. Do not let this fool you into believing that illegal employment is okay!
Most violations of your status can be "repaired" by filing a petition with the Immigration and Naturalization Service, requesting that you be reinstated to lawful status. That means, you ask INS to give you back your "clean" status, which means you are lawfully present in the US again and you can enjoy the privileges of your status. If you have been illegally employed, you are not eligible for such a reinstatement. You must leave the United States, at least temporarily, to obtain your lawful status again.
"Work" has many meanings
When students ask about work, they usually mean employment, that is, work for pay. Another kind of work one could perform is volunteer work, that is, work one performs without being paid, simply to help an organization in what it tries to accomplish. For example, many people perform volunteer work for the Red Cross (in some countries it is called the Red Crescent). They do this because they find the work of the Red Cross very important and want to support a worthy cause. They do not receive any kind of payment or other reward, other than knowing that they have done something to help others. Anybody can perform volunteer work. Since it is not employment and no pay is involved, it does not fall under the rules for employment.
An additional problem is that most Americans are not familiar with the restrictions on foreign students' employment. So if an international student were to ask just anyone: "Can I work?", that person would probably answer: "Sure, why not?!" They don't know, and if the student follows this advice, he/she could end up in big trouble.
For the purposes of this lesson, we will assume that when the term "work" is used, it means "employment."
Your status mattersWhether you may be employed or not depends on your status and whether you have violated that status or not. Students who have obeyed all the rules for their status are eligible for employment with certain restrictions and under certain conditions. Please read the sections on F-1, J-1, and M-1 status and employment (see Resources you should examine; I suggest you print these rules out) and then return to this assignment. --- As you see, this is fairly complicated!
The so-called work visa (H-1b)
Students sometimes hear others discuss what they call a "work visa." The visa/status they refer to is H-1b. This is not a student category.
H-1b status can be obtained if an employer applies for an H-1b visa for a prospective employee. Strict rules apply regarding the qualifications of the employee, such as the requirement for a 4-year (Bachelors) degree or a labor certification. An employee cannot apply for an H-1b visa him/herself. Only the employer can do this. Aside from taking a lot of time, this process is expensive for the employer, so only an individual with significant qualifications will be considered. Someone who is attending Black Hawk College's academic program usually does not qualify for an H-1b visa.
Your assignment for this lesson
Please answer the following questions:
- What is your status? (F-1, J-1, or M-1)
- Have you violated your status? That means, have you broken any of the rules of your status? Please answer "yes" or "no."
- Take into account your answers to question 1 and 2 and the rules you found in the employment section for your status: Which employment options do you have at this time?
- Why?
Resources you should examine
