F-1 Student Visa Holder Employment

Sample Procedure

The following table contains a sample procedure that may be used when employing F-1 student visa holders.

Note: If the sample procedure is used, the steps should be taken for each academic-year appointment.

Step

Action

1

Verify the person's F-1 student status and eligibility to work.

Contact the SUNY international student office or advisor if necessary.

2

Appoint the student to the payroll.

Note: The work authorization date and appointment period cannot extend beyond the academic year.

3

At the end of each academic year, reverify the employee's F-1 student status with the SUNY international student office or advisor.

4

If the student's F-1 status is verified and the student is eligible to work, update the work authorization date and reappoint the student for up to one academic year.

5

If the student's F-1 status has terminated, verify that the student has been approved by the USCIS for a change to an employable category before reappointing the student.

This can be done by contacting the SUNY international student office or advisor.

6

If employment is part of practical training:

  • establish that it is directly related to the F-1 student's field of study.
  • verify that any curricular practical training has been authorized by the campus international student office or advisor.
  • verify that any optional practical training has been authorized by the INS.

     

    This can be done by contacting the SUNY international student office or advisor.

Taxation

An F-1 visa holder's taxation status depends on many factors such as country of origin and number of eligible exemptions. An F-1 visa holder is
usually considered a nonresident for tax purposes for up to five years, and therefore exempt from FICA. For further information on taxation issues
affecting F-1 visa holders, contact the Corporate Office of Employee Services at (518) 434-7083.

Responsibilities

Operating Locations

The Research Foundation (RF) operations manager is responsible for ensuring that

Central Office

The director of the Central Office of Employee Services is responsible for