Lana Oconnell
Hiring international students can be a great way for organizations to gain a competitive advantage and tap into a diverse talent pool. However, there are several factors that employers need to consider when hiring international students, especially in the United States, where most international students hold F-1 or J-1 visa statuses. This includes understanding the eligibility requirements for practical training, academic training, and internships, as well as addressing concerns related to liability issues and paperwork. Despite these considerations, hiring international students can provide benefits such as global and intercultural fluency, with many students being eligible for up to 18 months of work authorization after graduation, and STEM students often qualifying for extensions.
| Characteristics | Values |
|---|---|
| Visa type | F-1, J-1, H-1B, E-2, L-1, H-1B1 |
| Work authorization | Up to 18 months for J-1 visa holders; 12 months for F-1 visa holders after graduation; 24-month extension for STEM students |
| Work type | Internships, part-time employment, long-term positions |
| Paperwork | Little to no paperwork for employers hiring F-1 or J-1 students; employers must document that they did not turn down a qualified American applicant if they wish to hire foreign citizens permanently |
| Liability | Employers may be concerned about liability issues due to changes in federal laws governing non-citizens |
| Cost | No cost to register in E-Verify program; possible visa issuance reciprocity fee |
| Sponsorship | Some nonprofit research organizations and higher education institutions can sponsor cap-exempt H-1B visas; F-1 students do not require sponsorship for the first 3 years |
| Skills | International students can bring "Global and Intercultural Fluency" to organizations |
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What You'll Learn
International students' work authorization in the US
International students in the US are enrolled in academic programs under two non-immigrant student statuses: F-1 and J-1. The F-1 visa is the most common type of student visa and allows students to enter the US as full-time students at accredited academic institutions. Students on an F-1 visa can work off-campus under Optional Practical Training (OPT) status both during and after completing their degrees. They are also eligible for Curricular Practical Training (CPT), which is off-campus employment that is an integral part of the curriculum or academic program.
Students on an F-1 visa can apply for OPT after being enrolled for at least 9 months, but they must receive their Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS) and have been enrolled for at least a year before starting work. OPT provides 12 months of full-time work authorization, and STEM students are eligible for a 24-month extension. During this period, employers do not need to secure work authorization from USCIS, and there are no extra costs.
CPT requires prior authorization from the student's school's International Student Office and notification to USCIS. CPT employment must be a required part of the degree program or a requirement for a course for which academic credit is awarded. Students can work full-time or part-time during their CPT internships, depending on the institution's CPT policy. However, 12 months of full-time CPT eliminates eligibility for OPT.
Additionally, F-1 students may be eligible for off-campus employment authorization in cases of severe economic hardship occurring after enrollment, provided they have been in F-1 status for at least one academic year. This authorization is valid for one year or until the completion of the program, whichever comes first.
For employers wishing to hire international students, it is critical to confirm their work authorization prior to the employment start date to prevent any liability for both the student and the employer. While there is little paperwork for employers hiring F-1 students, they should be aware that only a job offer letter is needed for CPT, and OPT does not require even an offer letter.
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Employers' concerns about hiring international students
International students bring diverse perspectives and skills to the workplace, but some employers may have concerns about hiring them. Here are some common concerns that employers may have when considering hiring international students:
Liability and Compliance Issues:
Employers may worry about the legal implications of employing international students due to changes in federal laws governing non-citizens. They may fear inadvertently violating immigration or labour laws, especially regarding work authorization and visa requirements. However, getting permission for international students to work is not as difficult as some may think. Most international students on non-immigrant visas (F-1 and J-1) are eligible for employment under certain conditions, such as practical training related to their academic field of study.
Work Authorization and Visa Sponsorship:
Companies may be hesitant to hire international students due to the perceived complexity of work authorization and visa processes. They may question the student's eligibility to work in the country and whether they can legally obtain the necessary visas or work permits. However, international students often handle the visa and work authorization processes themselves, with support from their academic institutions. Additionally, programs like Optional Practical Training (OPT) and Curricular Practical Training (CPT) allow students to work legally for a period before requiring sponsorship.
Language Barriers and Cultural Fit:
Employers may have preconceived notions about international students' language proficiency and cultural fit within the organization. They may worry that language barriers will impact the student's ability to communicate effectively with colleagues or clients. Additionally, they may question whether the student's cultural background aligns with the company's values and work environment. However, focusing on the student's skills and qualifications first can help alleviate these concerns, demonstrating that they are a strong fit for the role regardless of their background.
Long-term Employment Concerns:
Some employers may hesitate to hire international students due to concerns about long-term work eligibility. They may wonder if the student will be able to obtain the necessary work permits or visas to continue working for the company after their initial authorization expires. However, international students have options for extending their work authorization, such as the STEM OPT extension for F-1 students in certain fields. Additionally, employers can sponsor students for temporary working visas, like the H-1B visa, to continue their employment for several years.
Cost and Administrative Burden:
There is a misconception that hiring international students involves additional costs and administrative burdens. However, in many cases, the students themselves bear the cost of visa and work authorization applications. While there may be some paperwork involved, employers can seek guidance from universities or organizations experienced in international hiring processes to navigate these complexities effectively.
It's important to note that while these concerns may exist, many companies actively seek to hire international talent and are willing to sponsor work visas. Networking with alumni, professors, and professional associations can help connect with employers experienced in hiring international students, and researching a company's history of sponsoring international talent can provide valuable insights.
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International students' eligibility for internships
International students can undertake internships in the US, but it requires careful planning, preparation, and research. The process can be arduous and complicated, especially when navigating the visa process and understanding America's unique work culture.
The first step is to ensure eligibility and authorisation to work in the US as an international student. This is determined by the type of visa held. The most common visa for internships is the F-1 visa, a non-immigrant student visa issued by embassies and consulates outside of the US. F-1 visa holders can apply for internships with assistance from their accredited university or college. Curricular Practical Training (CPT) is a full-time or part-time training opportunity available during the school year or annual summer vacation. CPT must be part of the academic program and be integral to the student's major field of study. Pre-completion Optional Practical Training (OPT) is another option for F-1 students, which can be full-time during the summer vacation. OPT must relate to the student's major, and they must file a Form I-765 ("Application for Employment Authorisation") with US Citizenship and Immigration Services before beginning their internship.
The J-1 visa is another option for international students seeking internships in the US. The J-1 Intern Visa is for students enrolled full-time in a university or college outside of the US or recent graduates who have received their degree within 12 months before the start of the internship. The J-1 Trainee Visa is for those with five years of work experience outside of the US, but holders cannot do casual work, and no more than 20% of their job can be clerical work. J-1 visa holders must leave the US within 30 days of completing their internship and cannot return for two years. While J-1 students cannot apply for OPT, they can apply for Academic Training (AT) in a field related to their program for up to 18 months after graduating.
International students should also be aware of the cultural and language benefits of interning in the US, the potential for personal growth and social skills development, and the chance to gain credits towards their degree. Networking is crucial in the US job market, and internships provide valuable connections with mentors and co-workers. Additionally, students should utilise university career services, build strong resumes and cover letters, and prepare for interviews. Understanding the legal requirements related to work authorisation, such as OPT regulations, is essential, as is staying updated on any changes to immigration policies that may impact their ability to work.
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Types of practical training for international students
International students in the US on non-immigrant student visas (F-1 and J-1) are eligible to accept employment under certain conditions. Practical training is a benefit of the F-1 visa, allowing students to gain experience in their field of study during or upon completion of their program. There are two types of practical training:
Curricular Practical Training (CPT)
CPT is an alternative work/study, internship, cooperative education, or any other type of required internship or practicum that a sponsoring employer offers through cooperative agreements with the student's college or university. CPT is only available for F-1 students when it 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 20-hour work limit. Students can accept CPT on Day 1 of their full-time study if required by their program.
Optional Practical Training (OPT)
OPT is a form of training that directly relates to the student's program of study and can take place during or after the completion of their program. OPT can be part-time (20 hours or less per week) or full-time (40 hours per week). Students may be eligible for an additional 24 months of OPT if they have received a STEM degree and meet other requirements.
Science, Technology, Engineering, and Mathematics (STEM) OPT Extension
F-1 students with STEM degrees from accredited SEVP-certified colleges or universities who finish their programs of study and participate in an initial period of regular post-completion OPT are eligible for a STEM OPT extension. To apply for the extension, students must submit a completed Form I-983, "Training Plan for STEM OPT Students," to their DSO for every new employment/training experience accepted during the STEM OPT extension. The employer must also be enrolled in the E-Verify program.
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Visa requirements for international students
To study in the US as an international student, you must obtain a student visa. The type of visa you need depends on your course of study and the type of school you plan to attend. The most common types of student visas are:
- F-1 Visa (Academic Student): This visa is for full-time international students pursuing academic studies. To be eligible, you must be enrolled in an "academic" educational program, a language-training program, or a vocational program at a school approved by the Student and Exchange Visitor Program (SEVP). F-1 visa holders are eligible to work in certain situations, such as internships and practical training related to their field of study.
- M-1 Visa (Vocational Student): This visa is for full-time international students pursuing vocational studies or other non-academic programs, excluding language training.
- J-1 Visa (Exchange Visitor): This visa is for foreign nationals participating in work-and-study-based exchange programs, such as visiting scholars, camp counselors, au pairs, and research assistants. J-1 visa holders may be eligible for up to 18 months of work authorization, called academic training, and may apply for additional time if needed.
There are also other visa categories, such as the H-1B visa, which is sponsored by some nonprofit research organizations and higher education institutions, and the E-2 visa, which is for foreign nationals conducting substantial trade or making investments in the US.
To obtain a student visa, you must first apply to a SEVP-approved school in the US. Once accepted, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the required fees. After receiving your Form I-20, you may apply for your visa at a US Embassy or Consulate. Visa applicants generally require an interview, and you should be prepared to provide the necessary documentation, including a valid passport and proof of financial support. It is recommended to apply for your visa early, as wait times for interview appointments can vary.
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Frequently asked questions
International students can bring a competitive advantage to organizations due to their "global and intercultural fluency". Additionally, STEM students can be especially helpful to small businesses.
The process of hiring international students depends on the student's visa status and the type of employment being offered. Most international students in the US are on F-1 or J-1 non-immigrant visas, which allow them to accept employment under certain conditions. For example, F-1 students can obtain Curricular Practical Training (CPT) after one year of full-time study, allowing them to accept internships or part-time employment in their academic field. J-1 visa holders are eligible for up to 18 months of work authorization, which can be extended for post-doctoral students.
Some employers may be concerned about liability issues and the additional paperwork involved in hiring international students. There may also be concerns about attrition risk, as international students may leave the company if their visa status changes or if they choose to return to their home country.
