Employment is work performed or services provided in exchange for compensation such as money, gift cards, tuition, fees, books, supplies, room, or any other benefit (such as training).
J-1 students physically located in the United States always need to receive written authorization from their OIPS J-1 advisor before they begin work. Unauthorized employment is grounds for termination of your J-1 program and your SEVIS record. It has a negative impact on your US immigration record.
J-1 students may seek authorization from OIPS for the following types of employment:
On-campus Employment
J-1 students in good standing are eligible for on-campus employment authorization. Employment is limited to 20 hours a week except for official school breaks and the student’s annual vacation, when it may be full-time. Like all employment in J-1 student status, on-campus employment must be authorized in advance.
Academic Training
Academic training must be related to a student’s field of study. It can be paid or unpaid during studies. Post-completion Academic Training must be paid. A program sponsor must evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program.
Economic Necessity
Economic necessity is employment that occurs off-campus, which is necessary because of serious, urgent, and unforeseen economic circumstances that have arisen since acquiring exchange visitor status.
Employment Workshops
If you are interested in working on-campus or off-campus during or after your program, we highly encourage you to attend a J-1 student employment workshop offered at the beginning of every Fall and Spring semester. J-1 students are also encouraged to contact a J-1 student advisor if they could not attend an employment workshop or if they have any additional questions regarding employment.
University Career Services offers a variety of resources for international students to help with their on-campus job or Academic Training position search:
https://careers.gmu.edu/international-students
The J-1 On-campus Employment webpage reviews:
- Eligibility criteria
- Maximum hours
- On-campus employer definition
- Authorization procedures
- Resources
Link: https://oips.gmu.edu/j-1-on-campus-employment/
The J-1 Academic Training website reviews:
- Types of Academic Training
- Academic Training Position requirements
- Maximum length
- Important information for specific types of J-1 students
- Resources
US Taxation and International Visitors
The basics:
- US sourced income is potentially taxed and reportable*
- US income is taxed based upon the person’s tax status and the income type
- Anyone with reportable income is required to have a Social Security Number or Individual Taxpayer ID Number
- Anyone receiving income from Mason should visit the International Tax Office
Click here to learn more about US taxation for international visitors.
*U.S. sourced income is any payment from sources within the U.S. Examples include wages and salary income paid by a U.S. employer, payments for services performed in the U.S., scholarships paid by U.S. Grantors.
Unpaid Internships
The areas of law governing unpaid internships for Academic Training include:
- immigration law, which governs non-immigrant status and J-1 employment authorization, and labor law, which governs regulations concerning the workplace and fair labor practices. The definition of “volunteer,” and the conditions under which an internship may be unpaid, are important aspects of US labor law.
The US Department of Labor provides guidelines for prospective interns and employers. To learn more, click here.
The following six criteria must be met in the case of an unpaid internship:
- The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
- The internship experience is for the benefit of the intern;
- The intern does not displace regulator employees, but works under close supervision of existing staff;
- The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasions its operations may actually be impeded;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
A detailed explanation of each of the criteria may be found on the website of the US Department of Labor. To learn more, click here.