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Question:
I am a foreign student attending an American university. Until my work authorization visa comes through, I cannot be employed. I recently applied to be a volunteer research assistant at my school. They offered me research assistant position, but due to regulations they want to pay me a small salary for the position. If I accept, I am working illegally. If I reject the offer, I may ruin any possibility of being able to work there after I get my work visa. Should I tell them about my situation or should I just decline the offer?
First Answer:
Tell them about your situation. You have nothing to lose by being honest and up front with them. Let them know your situation and that you are waiting for work authorization to come in. If possible, find out about how long it will take so that when you talk to them you can give them some kind of time frame. If they have to pay for your services, suggest that they donate an amount equal to the time you work to a charity or college organization or use it to set up a scholarship for students from your country.
Since you applied for a volunteer position, and they want to hire you, they might be flexible in working with you. Unless you share your situation with them, they cannot do that. My turning down the position without explanation you would be shutting doors for future employment.
-- Linda Wyatt, Career Center, Kansas City Kansas Community College. Linda's bio is at http://www.CollegeRecruiter.com/pages/lindawyattbio.php
Second Answer:
Since you applied for a volunteer position, I think it would be wise to tell them about your situation. Being honest and upfront can only open doors for you. Your situation is not unique and the bureaucracy behind obtaining a work authorization is a process that is largely beyond your control.
However, by demonstrating a willingness to be upfront -- and to continue to pursue volunteer opportunities -- you are showing that you are proactive not only in your job search but also in pursuit of any worthy goal. This is a great opportunity to show them something far greater than what they will ever see on a resume!
-- Jeff Westover, Writer, Salt Lake City, Utah. Jeff's bio is at http://www.CollegeRecruiter.com/pages/jeffwestoverbio.php
Third Answer:
Congratulations on the job offer.
You are right, you should not work until your work authorization comes through. However, you may be eligible for Optional Practical Training. According to the U.S. government, "You may be allowed to work on-campus or off-campus (after the completion of your first year of study) under limited circumstances." Optional Practical Training allows students to be employed in an area that is directly related to their major. Students may use OPT 12 months after or before program completion. Full-time OPT means working more than 20 hours a week for a total of 12 months. Students may utilize OPT on a part- or full-time basis. Part-time OPT is subtracted half the rate of full-time OPT. Contact your designated school official (DSO) to for more information.
Read this helpful article: http://www.new2usa.com/showpage.jsp?PageID=ed-060300-01
-- Anita Moses, Careers & Education Department, New2USA.com, Anita's bio is at http://www.CollegeRecruiter.com/pages/anitamosesbio.php
Fourth Answer:
You should visit your international student advisor immediately. S/he will be better equipped to help you figure out what actions are best for you to take on your campus. As a general rule, it is always better to be open and honest with your employer. Most employers are very understanding, and especially on campuses, employers are interested in following the law while at the same time supporting its students.Meanwhile, you need to sharpen your understanding of visas, statuses, and work authorization. Doing so will help you ask your question in a better way.
Visa--This is issued by the US Department of State's Consular Officers. It appears in your passport. Think of this as a "key" that gets you into the USA. You only use it when entering the USA--not while in the USA, when you leave, or while you are outside of the USA. Most international students enter the USA on an F-1 visa.
Status--This is issued by the U.S. government. When entering the USA (remember at the airport?) you must show the governmental official your visa. The visa entitles you to a certain status. If you last entered the USA using an F-1 visa you probably have F-1 status. If your F-1 status is current, then unless you plan to travel and return, it does not matter that your F-1 visa expired.
Work Authorization--This is incidental to some immigration statuses. As an F-1 international student, you are eligible to work on campus for up to 20 hours per week. You are also eligible for other types of work authorization. Check with your international student advisor for more details.
When asking the question you asked, you need to specify what status you are currently in, and as should now be evident from what was described above, you need to describe more accurately what you mean by "work authorization visa." (Did you apply for a change of status to F-1? Are you trying to work under some category of work authorization other than "on campus"?)
-- Carol Anderson, Career Development and Placement Office, Robert J. Milano Graduate School of Management and Urban Policy at New School University in New York City. Carol's bio is at http://www.CollegeRecruiter.com/pages/carolandersonbio.php
Fifth Answer:
Not being conversant with federal immigration legislation I can not comment on that issue in this situation. However, in my experence when confronted with a problem where you know elements of the situation not available to the other party, conversation, more often than not, solves the problem.
Your university does not wish you to place you in jeopardy by taking the offered position, but needs a person with your abilities. You want the opportunity for what you can gain in credential, not money. There is common ground from my perspective that will allow both parties to gain. Discussion will resolve the issue but you must initiate the interchange because you have the pertinent facts that influence the decision.
Best of luck on the outcome and be well.
-- Robert C. Resch, Career Center, Triton College. Robert's bio is at http://www.CollegeRecruiter.com/pages/robertreschbio.php
