Working on a student visa in the US

Amid a controversy surrounding Tesla CEO Elon Musk’s legal status while working on his first startup, Zip2, immigration attorneys have one piece of advice for Indian students: stay in school and shun misinformation on social media.

An Oct 26 report by The Washington Post suggested that Musk, a prominent supporter of former President Donald Trump and an advocate for strict action against undocumented immigrants, began working illegally on Zip2, while on a student visa.

Musk, a South African-born Canadian citizen at the time, reportedly abandoned Stanford University’s graduate program in 1995 to pursue this venture, raising questions about his legal work authorization at the time, according to the Post.

“If the allegations leveled against Elon Musk are in fact true, that he violated his non-immigrant status when he was working on the start-up Zip2, then it is truly unfortunate that that same individual is now using his fame and fortune to rail against so-called ‘illegal immigrants,’” says immigration attorney, Alen Takhsh of Illinois based Takhsh Law PC.

Takhsh, who also serves on the board of National Immigrant Justice Center says, “There is no question that the US immigration system is in many ways broken, but shaming and antagonizing those who have somehow lost their status (or never had status to begin with) will not address the issue. It will take a concerted effort by both sides of the aisle to come up with a comprehensive, common-sense solution.”

Despite its infamous tangled web of immigration, in 2023 alone, the US issued 446,000 F-1 visas for – the highest number since 2016. As Indian students make up more than one fourth of the over one million foreign students studying in the United States, according to the annual Open Doors Report (ODR) for academic year 2022-23, Takhsh and other leading immigration attorneys advise them to tread carefully.

“My advice for all students is to always maintain full-time enrollment at their school and only work as permitted by their visa status,”  says NewYork based immigration attorney Poonam Gupta of Summit Legal PLLC.

“They must keep their passport, I-20, and visa valid at all times. Students should keep their Designated School Official (DSO) informed of any changes in address, academic program, etc.”

Rekha Sharma-Crawford of Kansas City, MO, Sharma-Crawford also advises Indian students to “Stay in school, work on campus and don’t get caught up in the misinformation that is often found in social media and social circles. “If you have a question about immigration laws, seek out competent advice. You don’t do surgery in a basement so don’t get legal advice there either.”

“While being enrolled in a study program the students are allowed to work on campus — what is more that they need to know about this part so they do not unknowingly flout any laws,” she says.

“Working without proper authorization can jeopardize future opportunities,” cautions Sharma-Crawford. “While many will tell students that working under the table will not get discovered, the reality is that this is inaccurate and dangerous advice. Often times the decisions made as a student are highly consequential and should be made with mindful deliberation.”

Takhsh adds, “The general advice I give to clients in F1 status is to take advantage of the wealth of knowledge that the designated school official (DSO) at their university is able to provide them. DSOs are usually well positioned and willing to assist international students. Also, obtain prior authorization for any off-campus work; refrain from violating any and all US laws or university codes of conduct; and be aware of your post-graduation grace period.”

Often, students are also unaware of the timelines of Optional Practical Training or OPT which allows undergraduate or graduate students on F-1 to work for a year. Gupta says, “I highly recommend adhering to the OPT timelines carefully and applying early for OPT. To avoid missteps, students should be wary of anyone offering guaranteed outcomes or requesting money for any immigration benefits. If ever in doubt, please consult your DSO or an immigration attorney for guidance. Relying on advice from online forums or social media may be risky and may lead to unintended consequences.”

Elaborating on the work that students can undertake, Takhsh says, “International students can work up to 20 hours per week while school is in session and full-time when school is not in session. They can work multiple jobs as long as they do not total more than 20 hours per week.”

“International students must apply for a Social Security number, and they can do so with the Social Security Administration by submitting a letter from their employer that certifies their immigration status and on-campus work,” Takhsh advises.

“From a policy standpoint, the government has also made it clear that, among other things, international students can only work on-campus jobs that do not otherwise displace a US citizen or legal permanent resident.”

READ: Record Indian students drive surge of foreign students to US (November 13, 2023)

It is also important for F-1 holders to know that the rules differ for international students in undergraduate programs compared to those in master’s or research-based programs.

Gupta says, “The rules for international students can vary significantly based on the program. Undergraduate programs typically have a strict credit hour requirement. Graduate programs, especially research-based ones, may have more flexibility.”

She adds, “Access to CPT and OPT may also vary by program and the necessity for training. Whether the students are in F-1 or J-1 status may also impact their requirements and access to training. It is crucial to understand the program-specific requirements and communicate with the DSO to stay compliant at all times.”

In an unfortunate circumstance where a student has to drop out of the course they enrolled in, attorneys advise students to be proactive and transparent.

Dakhsh says, “First and foremost, you need to seek out and discuss your circumstances with your school’s DSO as they can often provide valuable guidance. In some cases, you might be able to file for reinstatement, should your immigration status end up being jeopardized. If you do not meet the reinstatement requirements, you may qualify for other forms of relief, which is why it may also be helpful to consult with an immigration attorney. That being said, I would also caution you to be vigilant and weary of those selling high hopes. If it sounds too good to be true, it often is!”

“There are times when a student is forced to reduce their course load,” says Sharma-Crawford. “They can only do this  once per degree level and only with the approval of their designated school official. Students are required to maintain minimum credit hours and they need to seek guidance before they drop a course or drop out of school altogether.”

(A version of this article was originally published by the American Bazaar.)