As reported in last month’s bulletin, the US Department of Labor has been extending the validity of employer attestations for foreign students working off campus (last month we reported that the Department of Labor extended the attestation validity period through July 31, 1995). The Department of Labor intends to issue a final rule on this subject soon and is continuing to extend the validity of the attestations until such a rule is published. Under the Immigration Act of 1990, Congress created a pilot program which allows a nonimmigrant foreign student admitted on an F-1 visas to work off-campus if: (1) He/she has completed one academic year in F-1 status and is maintaining good academic standing at the institution; (2) he/she will not be employed off-campus for more than 20 hours per week during the academic term (but may be employed full-time during vacation periods and between terms); and (3) the employer provides an attestation to the Department of Labor and to the college or university and that it unsuccessfully recruited for the position for at least 60 days and will pay the higher of the actual wage at the work site or the prevailing wage for the occupation in the area of employment.
The Department of Labor has extended the validity of attestations through September 30, 1995. The Department of Labor has indicated that it will extend the validity period again if it has not published a final rule before then.
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