Canadian Studying/Working in the US?

I am moving to New York this fall to attend school. I just received my F-1 form and understand that as a student in the US I am not legally allowed to work. However, on the form it mentions somethin...

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Canadians in the USA

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Obsidian
New Member

Joined: 23 Jun 2008
Posts: 2
Location: New York

Posted: Mon Jun 23, 2008 8:21 pm

I am moving to New York this fall to attend school. I just received my F-1 form and understand that as a student in the US I am not legally allowed to work. However, on the form it mentions something about not being allowed to work without "specific employment authorization" Is this possible? How?! Please tell me how to receive this ever mysterious "permission to work" in the US.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1354
Location: Calgary

Posted: Mon Jun 23, 2008 9:00 pm

Obsidian wrote: I just received my F-1 form and understand that as a student in the US I am not legally allowed to work.

You understand incorrectly, you can work. File Form I-765. You can work part-time (which means up to 20 hours a week) in a field related to the course of study, but the course of study must be full-time (which I understand means along the lines of three classes a semester in a typical college).

When you finish your course of study you can get an EAD for up to one year and work in a field related to your course of study and work full-time. If it's a scientific field it's possible to extend it for 17 months beyond that.

There is also a "hardship" EAD for students who need the money but in practical terms it's the same thing as a regular EAD.

Remember to file a tax return. You can get an SSN with your I-20, apply at the Social Security office (they might want to see your EAD as well, but you don't need an SSN until you get your EAD anyway so you may as well get the EAD first).

This explains the taxes: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html but remember when you file as a student to use Form 8843, not Form 8840 or 8833.

You will pay tax on what you earn in the US but if you file Form 8843 with your 1040NR any other funds you receive (e.g. from your parents) will not be taxed.
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Steve.

cavalier
New Member

Joined: 22 Jun 2008
Posts: 6
Location: Calgary, soon to be Charlottesville, VA

Posted: Tue Jun 24, 2008 1:37 pm

Without having to deal with more paper work, all you need is an offer of employment for an on-campus job. For off-campus, you need authorization and the I-765.

Steven, I spoke to the international student coordinator who forwarded me to this link ssa.gov/pubs/10181.html . It looks like they wont give an SSN without at least an offer of on-campus employment, even though the visa category allows for employment.

Obsidian
New Member

Joined: 23 Jun 2008
Posts: 2
Location: New York

Posted: Tue Jun 24, 2008 2:42 pm

So what about the fact that as a Canadian citizen I don't even need a visa?

"Canadian Citizens do not need visas and should apply for their student status at the U.S. port of entry."

Do I sort this whole work thing out at the border? What am I filling out all these forms for!?

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1284
Location: North Carolina

Posted: Tue Jun 24, 2008 3:44 pm

I think that just means that you don't have to apply for a visa at a US consulate in Canada, that you get your "visa" at the POE.
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cavalier
New Member

Joined: 22 Jun 2008
Posts: 6
Location: Calgary, soon to be Charlottesville, VA

Posted: Tue Jun 24, 2008 4:49 pm

Show up early (no sense in missing a flight) at the CBP pre-clearance (or at the land border), and get the F-1 visa there is how I understand it. You do not have to apply for a student visa like everyone else.

When you arrive at US customs, be sure to have your Canadian Passport, I-20 from your college, acceptance/confirmation letter just for added security, AND do not forget to pay the SEVIS fee. Without your SEVIS fee receipt, you will not be issued an F-1 visa.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1354
Location: Calgary

Posted: Wed Jun 25, 2008 11:12 am

cavalier wrote: Steven, I spoke to the international student coordinator who forwarded me to this link ssa.gov/pubs/10181.html . It looks like they wont give an SSN without at least an offer of on-campus employment, even though the visa category allows for employment.

They give you permission is what that says, basically that's a check that the school is okay with your employment, which means either (a) it's on-campus or (b) it's off-campus and it relates to your course of study. The idea is that the school won't say "yes" if there is nothing in your course of study that requires employment.

Like it says, present your I-20 with page 3 filled in and your EAD if you have one. You don't actually need it. But having a passport will be helpful.

Anyway, it can't hurt (other than the wait) to show up at the SSA with your I-20 and see if they'll issue it. It does help to have an SSN even if you don't intend to work.

EADs don't have your SSN on them so they can be applied for independently.
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Steve.

cavalier
New Member

Joined: 22 Jun 2008
Posts: 6
Location: Calgary, soon to be Charlottesville, VA