EAD with Student Visa

[zak 0]

I know that this is not the correct area to post this question but I didn't know where to ask the question and I thought that some of you Visa Experts might have some insight. My nephew has a wonderful girlfriend who is here on a student visa from South Korea. As part of her studies she is interning for a company that is closly related to her studies. The owner of the company would like to have her work full time but she does not want to do anything illeagal that might hurt her chances for renewing her student visa next year. Is there any way she can get a work permit while here on a student visa?

Thanks!!

Zak

[Lili 3]

If her employer wants, he can sponsor her for an H1-B.

The only other option is to get an OPT but this is only given for a year.

[payxibka 10,045]

what is her current status? J-1? F-1?

[EstebanTrabajos 7]

She has to talk to her international advisor, working full-time is kind of hard for a student (i used to be one) co-op and internships are just part-time. The OPT allows you to work full-time but that's just after graduation.

[Johnnie J 0]

The H1-B are all given away for this fiscal year. They were topped out one day after the openning of the H1-B this year.

[mellowgeorge 1]

unless the company is non-profit where they are not subject to the H1-B cap ( I think ).

[DI&JR 1]

F-1 students are only permitted to work 20 hours/week during the regular academic year (September-April). Also, according to the I-20, they are not permitted to work off-campus without specific employment authorization, which cannot be applied for until after the student's first year in F-1 status.

I don't have any J-1 students, only a J-2, who has obtained an employment authorization card. Our policy states that J-1 students can only work on campus, 20 hour/week, with their sponsor's authorization; more importantly, they must request permission for any additional/outside employment from their advisor prior to accepting such employment.

So - to the OP, I hope your son's girlfriend has gotten permission from the international department at her school for her current position; but as far as full-time employment for now, I don't see much of a chance, unless it is summer term only (see difficulty of H1-b visas).

[DI&JR 1]

unless the company is non-profit where they are not subject to the H1-B cap ( I think ).

"H-1B Employer Exemptions

H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap."

From Cap Count for H-1B and H-2B Workers for Fiscal Year 2009