Ginger3710

My 19 yr old Australian citizen niece is on a student visa in New York and she's allowed to work part-time. She's been told by friends she can work in a bar from age 18 (so long as she doesn't drink any alcohol) even though the legal drinking age is 21. Is this correct or does she need to be 21 to work in a bar?

fatbrit

Looks like 18.

http://www.abc.state.ny.us/frequently-asked-questions

Ginger3710

Thanks so much for that link fatbrit. Legal drinking and serving age in Oz is 18 so she's had nearly 1 year experience of barwork before she left for the US (she's nearly 20). She has already tried to get barwork based on what her friends told her (now I can give her the definite go-ahead), but she's having a lot of trouble getting a job.

meauxna

Ginger, make sure she checks that she is allowed to work off campus. Most student visas restrict them to working on campus for minimal hours.

Ginger3710

Thanks jerseygirl.

Meauxna, I'll get her to double check. I'm sure it must allow her to work off campus because she's already started looking for work...I know she wouldn't try to work illegally.

Originally she was given a student visa which didn't allow her to work at all. Her parents hired an immigration attorney who then successfully got her visa changed so she could have 12 mths to work part-time.

meauxna

Oh great.. maybe Optional Practical Training if she's just graduated?

julians151

Its 18 unless you are on a student visa, in which case you cant work at all off campus.

Bob

That's pretty good going...around here in Mass, you can't work behind the bar till your 21 but you can work in a bar at 18....bit daft that.

elliep

This sounds like CPT which is working during your course, opposed to OPT which is done after graduating.
I've been told by the international student advisors here in FL and an attorney that CPT/OPT must be in a field related to your major... this may be worth checking... I have heard from several friends that noone really checks, but it's still a risk.

meauxna

Thank you for adding that, elliep!

fatbrit

Work in a bar could encompass many disciplines from hospitality management through psychology.

Ginger3710

She's studying acting in NY. Ironically from what you've said above, on the original student visa she was issued, which didn't allow her to work, it was strongly advised from the school, that the students not take on any part time work related to the course as they should be concentrating on their course (only students with potential are invited back the second year). However, since she's an international student, and her parents are paying for the course (not cheap) plus paying for rent etc and sending over money to her with low Aussie exchange rate, they were hoping she would be able to work to help with finances. Not sure what new student visa she has been issued, but it does allow her to work in unrelated field to her studies.

AdobePinon

It's not a new visa - it's OPT or CPT which is a program allowed under her original visa. Not sure about CPT, but there is a time limit on OPT which (if used too soon) may restrict her options in the US after graduation - many people use OPT to bridge time gaps between student visas and other types of visas used to work or stay here.