Lori Meadows
International students can be a great asset to companies, bringing fresh perspectives and valuable skills such as global and intercultural fluency. However, hiring them requires navigating immigration laws and understanding work authorization options. Most international students in the US are on F-1 or J-1 non-immigrant visas, which allow them to work under certain conditions, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). To work off-campus, students must obtain an Employment Authorization Document (EAD) from the USCIS, which typically takes 2-4 months to process. Companies should also be aware of potential costs and their responsibilities as sponsors. By understanding these requirements, companies can successfully hire international students and benefit from their diverse talents and perspectives.
| Characteristics | Values |
|---|---|
| Student visa type | F-1, J-1 |
| Work authorization | Employment Authorization Document (EAD) |
| Work authorization duration | 12 months, 24 months for STEM |
| Work authorization cost | $520 (paper), $470 (online) |
| Work authorization processing time | 3-4 months |
| Work type | Internships, full-time roles, off-campus, on-campus |
| Student role | Training provided by the company, not replacing a US worker |
| Student status | Student must be in good academic standing |
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Work authorization
International students in the US on non-immigrant student visas (F-1 and J-1) are eligible to accept employment under certain conditions. Students with an F-1 visa may not work off-campus during their first academic year but may accept on-campus employment. 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 economic hardship off-campus employment.
CPT is an off-campus employment option for F-1 students when the practical training is an integral part of the established curriculum or academic program. CPT employment includes "alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school." To qualify, the work experience must be required for the degree, or academic credit must be awarded. Prior authorization by the school's International Student Office and notification to the U.S. Citizenship and Immigration Service (USCIS) is required. CPT authorization will specify whether the student is approved for part-time (20 hours per week or less) or full-time employment. While in school, students can only be approved for part-time CPT.
OPT is a type of off-campus employment authorization that allows F-1 students to accept practical training in their academic field after one year of full-time study. Students with OPT permission will be issued an Employment Authorization Document (EAD) by the USCIS. The EAD will include the student's name, photo, and valid dates of employment. Students may begin employment only after they receive the EAD, which will indicate the start and end dates of employment. Students must apply for continued employment authorization six or more months before the authorization expires.
Economic hardship off-campus employment is authorized by the USCIS in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year. Emergent circumstances, such as natural disasters, wars, and international financial crises, may also cause the USCIS to authorize off-campus employment for F-1 students.
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Employer requirements
Employers must ensure that they confirm an international student's work authorization before their employment start date to prevent any liability for the student and the employer in the future. All employees must complete their I-9 process at the time employment begins.
For F-1 students, off-campus employment is only authorized in cases of severe economic hardship occurring after enrollment in an academic program and after the student has been in F-1 status for at least one full academic year, or in emergent circumstances as defined by the Department of Homeland Security (DHS). Emergent circumstances include world events that cause severe economic hardship, such as natural disasters, wars, military conflicts, and international financial crises.
If an F-1 student's EAD has not expired, they may work at the transfer-out school up to the transfer release date. However, if they need to continue working off-campus after the transfer, they must apply at the transfer-in school, where a designated school official (DSO) will review their circumstances and make new recommendations. The student will have to file a new Form I-765 with supporting documents and fees but won't have to wait a year before reapplying.
For STEM OPT, there are additional employer requirements. The employer must be enrolled in the E-Verify program, and the student's compensation must be commensurate with the pay of a US citizen with the same credentials in a similar position. The employer must also assist in tracking STEM OPT students and their practical training progress.
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Student visa types
To study in the US as an international student, you must obtain a student visa. The US government offers three types of student visas: F, J, and M. Each visa type has specific requirements and is suitable for different educational purposes.
F-1 Student Visa
The F-1 visa is the most common type for international students pursuing academic studies at an accredited US college or university. It is also suitable for those who wish to study English at an English language institute. To be eligible for this visa, you must be enrolled in an SEVP-certified school and maintain your student status. Students on an F-1 visa may be eligible to work in the US, but only on-campus or in jobs related to their studies. Curricular Practical Training (CPT) allows F-1 students to engage in practical training within their academic field after a year of full-time study.
J-1 Exchange Visa
The J-1 visa is designed for exchange visitors participating in exchange programs, including high school and university studies. This visa type is suitable for foreign nationals who plan to take part in work-and-study-based exchange programs, such as visiting scholars, camp counselors, au pairs, or research assistants. Institutions offering J-1 visa programs must be accredited and designated by the Bureau of Educational and Cultural Affairs.
M-1 Student Visa
The M-1 visa is intended for international students pursuing non-academic or vocational studies in the US. Students on an M-1 visa must also attend an SEVP-certified school. Similar to the F-1 visa, M-1 visa holders may have the opportunity to work on-campus or in jobs related to their field of study.
It is important to note that the process of obtaining a student visa involves multiple US government agencies, including the Department of State for the initial visa application process and the Department of Homeland Security for entry into the country and enforcing international student regulations.
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Processing times
Optional Practical Training (OPT)
The processing time for OPT applications by the United States Citizenship and Immigration Services (USCIS) can vary. On average, it takes around 90 days but can take up to 3-5 months during peak processing season, which starts in February. Students are encouraged to apply as early as 90 days before graduation. It is important to note that students must have their Employment Authorization Document (EAD) card in hand before they can start working.
STEM OPT
The processing time for STEM OPT can take up to 3-4 months, with some cases taking 5-6 months. The STEM OPT Extension must be filed before the expiration of the initial OPT period. If students file their STEM OPT extension applications on time and their OPT period expires while their extension application is pending, their work authorisation is automatically extended for 180 days.
H-1B Visa
The H-1B visa application process involves a lottery system. The sponsoring company must first submit registrations during a registration period in the first 2-3 weeks of March, along with a $215 registration fee for each individual. After the lottery, the petitioner has a 90-day period beginning April 1 to file a complete H-1B petition on behalf of the selected beneficiaries. The USCIS application fees for an H-1B visa range from $2,010 to $3,380, and premium processing costs an additional $2,805.
Curricular Practical Training (CPT)
CPT is available for F-1 students who can show that working will not adversely impact their ability to attend school full-time and maintain academic standing. Off-campus work authorisation requires case-by-case approval from USCIS, while on-campus employment at an off-campus location affiliated with the school does not require USCIS approval.
Employment with a Recognised International Organisation
To qualify for employment with a recognised international organisation, the organisation must be on the official State Department list, which includes the Red Cross, African and Asian Development Banks, the World Health Organization, and the World Trade Organization.
It is important to note that processing times may vary, and students should refer to the USCIS website or their International Student Office for the most up-to-date and accurate information.
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Costs
International students on F-1 status must file a Form I-765, "Application for Employment Authorization," and pay a fee to the U.S. Citizenship and Immigration Services (USCIS). The fee is $520 if filed by paper and $470 if filed online, which is paid by the student. The student should file within 30 days of the Designated School Official (DSO) endorsing the Form I-20. If USCIS approves the application, the student will receive a Form I-766, "Employment Authorization Document," (EAD) from USCIS and can begin working. Approval for off-campus employment is good for one year. If the F-1 student needs to continue working off-campus, the student must re-apply.
The F-1 student must also have been in valid F1 status for at least one full academic year and be in good academic standing. If the student transfers schools, they may continue working off-campus at the transfer-out school until the transfer release date. After that, they must apply at the transfer-in school, which will require a new Form I-765 with supporting documents and fees.
There is no cost to the employer for the student's Employment Authorization Document (EAD). However, if the employer wishes to hire the student as an H-1B employee, they must file a petition on behalf of the international employee. The USCIS application fees for an H-1B visa are between $2,010 and $6,460, depending on the company's size and other factors. H-1B status is initially granted for up to three years but can be renewed for a total of six years.
Students who have received OPT permission will be issued an EAD by the USCIS. The OPT extension must be filed before the expiration of the initial OPT period. There is no employer requirement for hiring international students with OPT and AT. However, to apply for an H-1B visa, the employer must demonstrate that the employment can be broadly defined as a "specialty occupation" requiring a bachelor's degree.
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Frequently asked questions
EAD stands for Employment Authorization Document, which is a proof of work authorization for international students in the U.S.
International students must file a Form I-765, "Application for Employment Authorization", and pay a fee to USCIS. If approved, the student will receive Form I-766, or the EAD, and can begin working.
It can take up to 3 months to receive the EAD. The USCIS takes up to 90 days to process the application.
The fee is $520 if filed by paper and $470 if filed online, which is paid by the student. There is no cost to the employer.
Students can work under EAD for a maximum of 12 months. Students with STEM degrees may be eligible for a 24-month extension.
