Hiring International Students: What You Need To Know

Hiring international students is a great way to bring diversity and new perspectives to your department. Students on F-1 and J-1 visas are eligible to work on-campus, but limitations apply. F-1 students can work under practical training provisions in the law, and J-1 students may work on academic training provisions. While international students on F-1 visas need additional authorization to work off-campus during or after their studies, that shouldn’t prevent employers from considering these candidates. The application process for hiring international students is straightforward and there is no additional cost or paperwork for the employer.

F-1 and J-1 visas

F-1 visas are for international students who are enrolled in an academic educational program, a language-training program, or a vocational program. To be eligible, students must be enrolled full-time at an accredited academic institution and be proficient in English. F-1 students may accept on-campus employment, provided the work does not displace a US citizen or lawful permanent resident. They may work up to 20 hours per week during school terms and full-time during vacations. After their first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Severe Economic Hardship employment.

M-1 visas are for students in vocational or other non-academic programs, excluding language training. M-1 students may engage in practical training only after they have completed their studies.

Spouses and unmarried minor children of F-1 visa holders may apply for F-2 visas to live with them in the US. Minor children are permitted to attend school. Same-sex spouses are treated the same as opposite-sex spouses.

The J-1 visa is a non-immigrant visa for individuals participating in work-and-study-based exchange and visitor programs in the US. These programs are sponsored by educational institutions or other nonprofits and are accredited by the US State Department. J-1 visa holders are generally required to work only for their program sponsors, but they may work for non-sponsor employers in some cases if they meet certain eligibility requirements. J-1 students are eligible for on-campus employment if it is pursuant to a scholarship, fellowship, or assistantship. They may also work off-campus during the summer or if they encounter serious and unforeseen economic circumstances. J-1 students are limited to 20 hours of work per week, except during holidays and vacations.

Work authorization

International students on F-1 visas need additional authorization to work off-campus during or after their studies. However, this shouldn't deter employers from considering these candidates, as the process for obtaining temporary US work authorization is straightforward and well-established.

F-1 students can work under "practical training" provisions in the law, and J-1 students may work on "academic training" provisions. Students obtain authorization for Curricular Practical Training (CPT) or Optional Practical Training (OPT) from an international student advisor. CPT is required to complete a course or degree program, while OPT is directly related to the student's course of study but is not part of the curriculum. F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Science, Technology, Engineering, and Mathematics (STEM) OPT Extension.

F-1 students who have been enrolled in legal status for at least nine months are eligible for up to 12 months of full-time OPT work authorization. This 12-month period can be divided into smaller periods during or after completing a degree. All OPT must be used within 14 months of completing a program, and a 24-month extension is available for STEM degrees. To obtain OPT, students must work with the Office of International Education to complete the necessary paperwork, and they may need a letter from the employer confirming they have been hired.

An alternative option for employers is to apply for an H-1B visa for their prospective international employee. The H-1B visa is issued by the USCIS for foreign individuals to work legally in the US for three years, with a possible three-year extension. There is a quota of 65,000 H-1B visas issued annually, with an additional 20,000 visas for applicants with advanced degrees. The USCIS charges application fees that vary depending on company size and profile.

Practical training

Students can apply for OPT during their program of study (pre-completion OPT) or after they finish (post-completion OPT). OPT must relate to the student's major or course of study. F-1 students can apply for 12 months of OPT at each education level, and for every higher and successive degree, they can use 12 months of full-time work permission. 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 completing a program. In addition, a 24-month extension is available for STEM degrees only.

To apply for OPT, F-1 students must request approval from their DSO (Designated School Official), who will endorse their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status". The student must then file Form I-765, "Application for Employment Authorization", along with supporting documents and a fee, with U.S. Citizenship and Immigration Services (USCIS). USCIS will then issue a Form I-766, "Employment Authorization Document" (EAD), which the student must have before starting their training. Students can continue working on an expired EAD for OPT for up to 180 days while a 24-month extension petition is pending, provided certain conditions are met.

Employment costs

The employment costs of hiring an international student in the UK are multifaceted. Firstly, international undergraduate tuition fees in the UK range from £11,400 to £38,000, impacting the overall cost of hiring a student part-time or as an intern. International students may also incur higher living costs, including accommodation, bills, groceries, and other expenses, which can amount to approximately £1300-£1400 per month in London and £900-£1300 in other parts of the UK. Additionally, transportation costs in London average £54 per month, and a Student Oyster Card for Zones 1-2 costs £103 monthly. These factors contribute to the overall cost of hiring an international student, as they influence the student's expected salary and overall budget.

Moreover, the type of visa held by the international student will influence employment costs. Students on a Student Visa are typically allowed to work part-time (up to 20 hours) during term time and full-time during vacations. However, those seeking full-time employment may need a post-study work visa, which comes with additional costs. The Graduate Visa, for instance, costs £822, and the Immigration Health Surcharge is £624 per year spent in the UK.

For employers, the Skilled Worker Visa is an option for hiring international graduates, but it has specific salary requirements. 'New entrants' under this visa must be paid a minimum salary of £20,480 or 70% of the job's going rate, whichever is higher. This minimum salary requirement is a direct cost associated with hiring international students or graduates.

Additionally, there may be costs associated with the time and resources required to understand and navigate the complex visa system and work restrictions for international students. Employers need to ensure they comply with all relevant laws and regulations, which can vary based on the student's visa status and the type of work they are undertaking.

Overall, the employment costs of hiring an international student in the UK depend on various factors, including tuition fees, living expenses, visa requirements, and the specific circumstances of the student and the employer.

H-1B visas

The H-1B visa program allows employers in the United States to temporarily employ foreign workers in highly specialised occupations that require the practical and theoretical application of highly specialised knowledge. This includes workers in fields requiring a bachelor's degree or higher in a specific specialty, or its equivalent.

The H-1B visa has an annual cap of 65,000 new visas each fiscal year, with an additional 20,000 petitions filed on behalf of beneficiaries with a master's degree or higher from a US institution. However, not all H-1B visas are subject to this cap. For example, petitions filed by US institutions of higher education are exempt, as are those for workers in the Commonwealth of the Northern Mariana Islands and Guam if their employers file the petition before December 31, 2029.

To apply for an H-1B visa, the employer/agent must first apply for and receive certification of a Labour Condition Application (LCA) from the Department of Labor (DOL). This application includes certain attestations that the employer must comply with, such as paying the worker a wage that is no less than that paid to similarly qualified workers. Once the LCA is certified, the employer/agent must submit a completed Form I-129, Petition for a Nonimmigrant Worker, along with the DOL-certified LCA, to the United States Citizenship and Immigration Services (USCIS). There is a $10 H-1B registration fee for each prospective beneficiary. If the Form I-129 petition is approved, the prospective H-1B worker who is outside the US may apply for an H-1B visa with the US Department of State (DOS) at a US Embassy or Consulate abroad. They must then apply to US Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

An H-1B visa is typically issued for three years, with the possibility of a three-year extension. However, extensions beyond six years may be granted under certain circumstances, such as if the beneficiary has an approved immigrant visa petition under the EB-1, EB-2, or EB-3 classifications.

Frequently asked questions