Janice Lozano
Hiring international students is a great way to bring diversity and new perspectives to your department. Employers in the US are permitted to hire international students on F-1 and J-1 visas within certain limits. These visas allow students to work in jobs related to their major field of study. F-1 students can work under practical training provisions, while J-1 students may work under academic training provisions. Students with F-1 visas are eligible for up to 12 months of Optional Practical Training (OPT), with a 24-month extension available for STEM degrees. J-1 visa holders are typically eligible to work for up to 18 to 36 months after graduation. Employers can also hire international students as volunteer interns without any paperwork if the internship is truly unpaid. To continue employing international students after their work authorization expires, employers can apply for an H-1B visa, which is valid for a total of six years.
| Characteristics | Values |
|---|---|
| F-1 students' eligibility for practical training | Students on F-1 visas can work under "practical training" provisions in the law. |
| J-1 students' eligibility for academic training | Students on J-1 visas may work on "academic training" provisions. |
| Work hours limitations for F-1 and J-1 visa holders | F-1 and J-1 visa holders are limited to working 20 hours per week during the fall and spring semesters, but they can work full-time during their summer, winter, and spring breaks. |
| F-1 students' eligibility for Curricular Practical Training (CPT) | F-1 students are eligible for CPT before completing their studies. |
| F-1 students' eligibility for Optional Practical Training (OPT) | F-1 students are eligible for up to 12 months of OPT, either before or after graduation, or a combination of both. |
| STEM degree holders' eligibility for OPT extension | Students with STEM degrees are eligible for an additional 24 months of OPT. |
| J-1 visa holders' eligibility for employment after graduation | J-1 visa holders are generally eligible to work up to 18 or 36 months following graduation, depending on their degree level. |
| H-1B visa category | Employers can hire international students under the H-1B visa category for a total of six years (two three-year periods). |
| H-1B visa requirements | The job must meet the prevailing wage as defined by the Department of Labor, and a bachelor's degree is typically the minimum requirement. |
| Sponsoring international students for permanent resident status ("green card") | Employers must document that they did not turn down a qualified American applicant when sponsoring a foreign citizen for a green card. |
| Volunteer internships | International students can volunteer as interns if the internship is truly voluntary and involves no compensation. |
| Paid internships | Paid internships require students to obtain permission for practical or academic training. |
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What You'll Learn
International students on F-1 and J-1 visas can work
International students on F-1 visas can work, but there are several conditions and restrictions. F-1 students may not work off-campus during their first academic year, but they may accept on-campus employment. After the first year, they may engage in three types of off-campus employment: Curricular Practical Training (CPT), off-campus employment due to unforeseen economic hardship, and Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). CPT allows F-1 students to accept practical training in their academic field after one year of full-time study. For off-campus employment, F-1 students must have their internship offer approved by the Designated School Official (DSO) and apply for an Employment Authorization Document with USCIS. Off-campus employment authorization ends one year after issuance or upon completion of the program.
F-1 students must also comply with federal laws and regulations when seeking employment in the US. On-campus employment is defined as work that takes place at the school location or an educationally affiliated off-campus location. Work at a school location could include working at an on-campus commercial business, like a bookstore or cafeteria, as long as the work provides services for students.
International students on J-1 visas can also work, but there are different conditions and requirements. J-1 visa holders are generally required to work only for their program sponsors. However, in some cases, they may work for non-sponsor employers if they meet certain eligibility requirements, which vary depending on the program. J-1 students are eligible for on-campus employment if it is pursuant to scholarship, fellowship, or assistantship, or off-campus employment if it is a summer work/travel exchange program.
J-1 visa holders can also work as camp counselors for up to four months, receiving pay and benefits proportionate to their American counterparts. They may not act as staff, such as office workers or cooks, and they cannot perform menial labour. J-1 visa holders who are exchange visitors and have participated in a professor or research scholar exchange program in the US cannot re-enter the US as a short-term scholar to rejoin the original sponsor. However, they may return after a substantial break using the J-1 Research Scholar/Professor category without being subject to the 12 and 24-month bars.
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Practical training and academic training
International students on F-1 visas can work under "practical training" provisions, whereas students on J-1 visas may work under "academic training" provisions. Practical training provides F-1 international students with experience in their field of study during or upon completion of a program in the United States. There are two types of practical training: curricular practical training (CPT) and optional practical training (OPT). CPT is an internship, cooperative education, or any other type of required internship or practicum that is an integral part of an established curriculum within a school. CPT can be part-time or full-time and is not restricted by a weekly work limit. OPT, on the other hand, is temporary employment that is directly related to an F-1 student's major area of study. OPT can be requested after one full academic year of full-time studies, and students can receive up to 12 months of OPT work authorization. This 12-month period can be broken into smaller periods during the pre-completion or post-completion of a degree. All OPT must be used within 14 months of the completion of a program.
To apply for practical training, students must submit a request to their designated school official (DSO) and follow their school's processes. The DSO will then confirm eligibility and enter the request into the Student and Exchange Visitor Information System (SEVIS). For OPT, students must also file Form I-765, Application for Employment Authorization, with the required fee and supporting documents. Once approved, the student will receive an Employment Authorization Document (EAD) and can begin work on the listed start date. Students must report any changes in name, address, or employer information to their DSO within 10 days.
For those seeking a STEM degree, there is the option of a 24-month OPT extension. To be eligible, students must be currently participating in a regular period of OPT, have received a STEM degree, and be seeking a training opportunity related to this degree. Additionally, the employer must use the E-Verify program, and both the student and employer must complete and sign Form I-983, "Training Plan for STEM OPT Students."
It is important to note that practical training is the only type of work permission available to M-1 students, and they may receive on-the-job training for up to six months after completing their program.
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H-1B visa requirements
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor's degree or equivalent in a specific field. The H-1B visa is valid for three years, with the possibility of a three-year extension. There is a quota of 65,000 H-1B visas issued annually by the US Citizenship and Immigration Services (USCIS), with an additional 20,000 visas available for applicants with a US advanced degree (master's or doctoral).
To qualify for an H-1B visa, both the job position and the foreign worker must meet specific criteria. The job offered must qualify as a "specialty occupation", requiring a deep understanding of complex concepts and the ability to implement that knowledge to solve real-world problems. This typically necessitates at least a bachelor's degree or equivalent in a subject directly connected to the role. Certain jobs may be exempt from the degree requirement if they can demonstrate that their experience is equivalent to a degree.
The employer must also file a Labor Condition Application (LCA) with the US Department of Labor, certifying that the H-1B worker will be paid the prevailing wage or the actual wage paid to other employees with similar experience and qualifications, whichever is higher. Additionally, the employer must certify that the H-1B worker's employment will not adversely affect the working conditions of US workers in similar positions.
The earliest an H-1B application can be submitted to the USCIS is six months before the intended start date. As the H-1B visa is employer-sponsored, the employer is responsible for submitting the petition and ensuring that all requirements are met. If an employer is unfamiliar with the H-1B process, it is recommended that they consult an immigration attorney.
To apply for an H-1B visa, the prospective employee must complete the online Form DS-160 and upload a photo in the specified format. They may also need to schedule a visa interview at a US Embassy or Consulate, although certain applicants may be exempt from this requirement. It is important to note that most visa applicants need to demonstrate their intention to return to their home country after their temporary stay in the US.
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Sponsoring an international student
Types of Sponsorship
There are typically two types of sponsors for international students: educational institutions and financial sponsors. Educational institutions can provide a Confirmation of Acceptance for Studies (CAS), which is crucial for the visa application process. Financial sponsors, on the other hand, take responsibility for the student's financial support during their studies. This can include family members, government bodies, international organizations, or private companies.
Financial Requirements
Sponsors must ensure they can cover the student's tuition fees and living expenses for the duration of their studies. This usually involves providing bank statements or a financial sponsorship letter as proof of financial support. Some countries may offer government-funded scholarships or grants that can cover these expenses. Additionally, international organizations and NGOs may offer financial support to students from specific countries or backgrounds.
Visa Requirements
The type of student visa required depends on the program the student intends to enrol in and the sponsorship arrangement. In the US, the most common type of student visa is the F-1 visa, which allows students to work on campus and provides a path to work authorization after graduation. International students in the US do not require visa sponsorships for internships after the first year of their programs. In the UK, the Tier 4 (General) student visa is issued to international students with an offer from a licensed UK educational institution, along with proof of financial support.
Compliance and Regulations
Sponsors should be aware of the rules and regulations surrounding student visas. In the US, students must maintain compliance with visa rules and regulations with the help of their Designated School Official (DSO). Additionally, sponsors should be mindful of the specific conditions attached to different types of student visas. For example, dependents of F-1 students cannot work but are permitted to enrol in part-time study programs.
Internship Sponsorship
Some international students may seek sponsorship for internships. In the US, the J1 Exchange Visitor Program is a common pathway for international students seeking internships. Sponsors for this program are typically responsible for selecting participants and providing support during their stay in the US. Students applying for the J1 Visa will need to provide specific documentation, including details of their internship and employer host.
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Work authorization expiry
The work authorization for F-1 students in the US usually lasts for one year. F-1 students can work under "practical training" provisions, and J-1 students may work on "academic training" provisions. Curricular Practical Training (CPT) is a type of alternative work/study program, internship, or cooperative education that is an integral part of the student's degree program curriculum. CPT employment end dates are used as expiration dates in Section 2 of Form I-9.
F-1 students must obtain an Employment Authorization Document (EAD) from USCIS before they are authorized to work pursuant to OPT. The EAD card expiration date is entered in Section 1 of Form I-9. When an F-1 student's EAD expires, their employment authorization must be reverified using Supplement B, Reverification and Rehire.
To avoid a lapse in work authorization, an F-1 student should submit a new Form I-765 up to six months before the expiration of their current EAD. If their application is not processed within 90 days, the student may apply for interim employment authorization. Work authorization ends immediately if the student does not maintain their F-1 status, for example, by working more hours than authorized.
In some cases, F-1 students with pending H-1B petitions may be eligible for an automatic extension of their work authorization until September 30. To qualify, the employer must file the H-1B petition before the student's status or OPT expires, and indicate an employment start date of October 1.
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Frequently asked questions
No. Federal regulations permit the employment of international students on F-1 and J-1 visas within certain limits. These visas allow students to work in jobs related to their major field of study.
No. The only cost to the employer hiring international students is the time and effort to interview and select the best candidate for the job. The international student office handles the paperwork involved in securing the work authorization for F-1 and J-1 students.
Normally, if the internship involves no form of compensation and is truly voluntary, the students may volunteer without having to do any paperwork with the USCIS. If, however, the internship provides a stipend or any compensation, students must obtain permission for practical training or academic training prior to starting their internship.
With a bit of planning ahead, an employer can hire international students to continue to work for them in the H-1B visa category for a total of six years (authorization is granted in two, three-year periods). The H-1B is a temporary working visa for workers in a "specialty occupation".
