International Employee Restriction FAQs
Is there a limit on how many hours per week an international student can work in
a student worker or graduate assistant position?
The United States Code of Federal Regulations limits F-1 and J-1 students to working 20 hours per week on-campus when classes are in session (8 CFR § 214.2(f)(9)(i) for F-1 students, 22 CFR § 62.23(g)(2)(iii) for J-1 students) unless previously approved for Special Student Relief (SSR) by a Designated School Official (DSO). A work week for the purposes of this rule is from Sunday through Saturday.
The United States Code of Federal Regulations limits F-1 and J-1 students to working 20 hours per week on-campus when classes are in session (8 CFR § 214.2(f)(9)(i) for F-1 students, 22 CFR § 62.23(g)(2)(iii) for J-1 students) unless previously approved for Special Student Relief (SSR) by a Designated School Official (DSO). A work week for the purposes of this rule is from Sunday through Saturday.
Working more than the permitted number of hours per week when classes are in session is a violation of status for unauthorized employment and may lead to termination of the student's SEVIS record. Students in F-1 and J-1 student status are permitted to work full time during recognized periods of break. F-1 students approved for Special Student Relief should provide a copy of their Form I-20 showing Special Student Relief approval to Tax Services.
Students in a non-immigrant status other than F-1 or J-1 student are not currently subject to any specific hour restrictions under the U.S. Code of Federal Regulations, but are still subject to all University-level hour restrictions on student employment (currently 28 hours per week when classes are in session).
Are there restrictions on what types of positions and how many positions international employees can hold?
There are different restrictions depending on the non-immigrant status of the employee.
F-1 and J-1 students (excluding F-1 employees employed under Optional Practical Training) are only permitted to work on-campus. Generally, this will be in a student worker, student assistant, or graduate assistant position. To maintain compliance with the 20 hour restrictions set out by the U.S. Code of Federal Regulations, WVU limits the number of positions international students in F-1 and J-1 student status can hold at a single time. International students in F-1 or J-1 student status may only have at one time:
- One (1) full time graduate assistant position OR
- Two (2) hourly student worker positions OR
- One (1) part time graduate assistant position AND one (1) hourly student worker position working 10 hours per week.
During recognized periods of break, a full time graduate assistant may also hold
one (1) hourly student worker position. This position can only be held and worked
during the recognized period of break and the student is still restricted to
working no more than
100 hours combined during all recognized periods of break in an academic
term.
J-1 non-student employees are only permitted to engage in employment tied to their exchange program. Before changing the job duties or responsibilities of a J-1 non-student employee, the employee's supervisor should contact International Students & Scholars Services to determine if if an update to the employee's exchange program is required.
H-1B, O-1, TN employees are only permitted to complete the job duties and responsibilities listed in their most recently approved petition. Before changing the job duties or responsibilities of am employee in H-1B, O-1, or TN status, the employee's supervisor should contact International Students & Scholars Services to determine if an amended petition is required.
Employees in a non-immigrant status other than those listed above should contact Tax Services to determine if they are subject to specific employment restrictions.
What are the recognized periods of break at WVU?
A period of break for purposes of the 20 hour restriction is a full work week in which there are no classes or final exams scheduled. These periods of break may be different than the periods of break listed on the University's Academic Calendar. The recognized periods of break for calendar year 2024 are:
- Winter recess: Sunday, December 17, 2023 through Saturday, January 6, 2024.
- Spring recess: Sunday, March 10, 2024 through Saturday, March 17, 2024,
- Summer recess: Sunday, May 5, 2024 through Saturday, August, 17, 2024,
- Fall recess: Sunday, November 24, 2024 through Saturday, November 30, 2024, and
- Winter recess: Sunday, December 22, 2024 through Saturday, January 11, 2025.
F-1 and J-1 students are permitted to work full time during these periods of
break.