Ibrahim Gardner
International students can obtain work authorization in the US under specific circumstances, and employers can benefit from hiring international students as they can broaden company diversity and enhance knowledge of markets abroad. F-1 students are eligible for off-campus work authorization, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Employers offering internships to international students must prepare an offer letter on their company letterhead, including details such as the position, dates, and location. This letter is crucial for the student to obtain approval from their university and the necessary work authorization. Additionally, the H-1B visa category allows international students to work for up to six years, with certain requirements, such as meeting the prevailing wage and bachelor's degree standards.
| Characteristics | Values |
|---|---|
| Student visa type | F-1 or J-1 |
| Work authorization | Curricular Practical Training (CPT) or Optional Practical Training (OPT) |
| Work authorization validity | 12 months |
| Work authorization requirements | The salary must meet the prevailing wage as defined by the Department of Labor; A bachelor's degree is a minimum normal requirement for the position |
| Work authorization process | The student submits a request for an OPT recommendation, which is approved by an international advisor at the student's international services office |
| Offer letter requirements | Must be on company letterhead and include a statement that the position is an internship or CPT, beginning and ending dates, and the physical location (full address) where the student will be working |
| Additional forms | CPT Information Sheet, Form I-983 (for STEM OPT) |
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What You'll Learn
- International students can get a job offer letter by obtaining work authorization under specific circumstances
- Employers must prepare an offer letter on company letterhead, including position, dates, and location
- F-1 students can gain practical work experience related to their field of study through OPT
- Employers can hire F-1 students for internships or jobs through their CPT benefit
- H-1B visas are for temporary specialty occupations, with authorization granted in two three-year periods
International students can get a job offer letter by obtaining work authorization under specific circumstances
International students in the United States on non-immigrant student visas (F-1) and J-1 are eligible to accept employment under certain conditions. F-1 students may not work off-campus during their first academic year but may accept on-campus employment, subject to specific conditions and restrictions. After the first academic year, F-1 students may engage in two types of off-campus employment: Curricular Practical Training (CPT) or Optional Practical Training (OPT). To obtain work authorization for CPT, students must first secure an internship offer and then apply for an Employment Authorization Document with USCIS. The Designated School Official (DSO) must certify the student's eligibility and provide a Form I-20, which the student can then submit for final approval and issuance of the CPT I-20. For OPT, F-1 students may be eligible to work off-campus if their employment falls under the Science, Technology, Engineering, and Mathematics (STEM) category. Students must complete Form I-765, "Application for Employment Authorization," and Form I-983, which requires signatures from both the student and employer.
It is important to note that international students must have work authorization before starting employment but not before receiving an employment offer. The process for obtaining work authorization may vary depending on the student's visa status and program of study. Students should consult with their DSO and refer to official government websites for specific guidelines and requirements.
Additionally, there are specific requirements for employers hiring international students. Employers must provide an employment offer letter on their company's original letterhead, including details such as the position, dates, and physical location of the internship or job. Employers can also hire international students under the H-1B visa category, which allows for a total of six years of employment authorization, granted in two three-year periods. To qualify, the job must meet the prevailing wage as defined by the Department of Labor, and a bachelor's degree must be the minimum normal requirement for the position.
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Employers must prepare an offer letter on company letterhead, including position, dates, and location
When offering a job or internship to an international student, employers must prepare an offer letter on company letterhead. This letter should include several key details, such as the position being offered, the dates of employment, and the physical location of the work.
Firstly, the letter must specify whether the position is an internship or part of the student's Curricular Practical Training (CPT). CPT is a type of off-campus employment authorization for international students that combines classroom learning with work experience related to their academic program. The letter should clearly state if the position is offered as part of the student's CPT.
Secondly, the offer letter should include the beginning and ending dates of the position. These dates should coincide with the academic semester. For CPT positions, the dates are particularly important as they indicate the duration of the student's work authorization.
Finally, the physical location of the work, including the full address, should be stated in the offer letter. This detail is necessary for the student's records and may also impact their work authorization, as international students may have restrictions on where they can work.
Once the student receives the offer letter, they will typically need to submit it to their university's Internship Coordinator for approval. The Internship Coordinator will then issue an approval letter and submit it to the International Student Services Office for final approval and processing of the CPT authorization. Therefore, it is important for employers to provide a formal offer letter that includes all the necessary details to facilitate this process.
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F-1 students can gain practical work experience related to their field of study through OPT
To apply for OPT, students must follow these steps:
- Request that their Designated School Official (DSO) at their academic institution recommend OPT by endorsing their Form I-20 and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS).
- Properly file Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Service (USCIS), along with the required fee and supporting documentation.
- Wait for approval from USCIS and receive an Employment Authorization Document (EAD). The student must not begin working before the start date on the EAD and should ensure they comply with all requirements to maintain their student status.
- For STEM OPT, both the student and employer must complete and sign Form I-983, which outlines the learning objectives and the employer's commitment to helping the student achieve them.
It is important to note that F-1 students cannot work until they receive their EAD card and must not work beyond the authorized dates. Additionally, all OPT must be directly related to the student's major area of study, and any deviations from this can result in serious consequences, including removal from the country.
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Employers can hire F-1 students for internships or jobs through their CPT benefit
To hire an F-1 student through their CPT benefit, employers must supply them with an employment offer letter on the company's original letterhead. This letter must include a statement that the position is an internship or CPT, the beginning and ending dates of the position (coinciding with the academic semester), and the physical location (full address) where the student will be working. In addition to the employment offer letter, employers must provide the student with a completed CPT Information Sheet.
It is important to note that CPT authorization is required for internships or jobs that take place inside the United States. For example, a summer internship in the student's home country does not need CPT authorization. Additionally, CPT is only available to students who have been lawfully enrolled on a full-time basis for at least one academic year.
Once the student receives the offer letter, they will need to take it to their Internship Coordinator for approval. The Internship Coordinator will then issue an approval letter and submit it to the International Student Services Office for final approval and issuance of the CPT I-20. This process can take several days to complete, so it is recommended that employers and students plan accordingly.
CPT employment may not delay the completion of the student's academic program, and students must maintain full-time enrollment during the fall and winter CPT. CPT can be authorized for students who enroll in a course that requires employment to earn a grade or a course where they design their own research project based on the employment.
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H-1B visas are for temporary specialty occupations, with authorization granted in two three-year periods
International students can be valuable assets to companies, as they can bring different perspectives and enhance knowledge of foreign markets. However, many employers are concerned about the liability issues associated with hiring non-citizens due to changes in federal laws.
Contrary to what many employers believe, getting permission for international students to work in the US is not overly difficult. Most international students in the US are on non-immigrant student visas (F-1 and J-1) and are eligible to accept employment under certain conditions.
One way for international students to gain employment in the US is through the H-1B visa program. This program is for employers seeking to hire non-immigrant aliens in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires highly specialized knowledge and a bachelor's degree or its equivalent as a minimum requirement. The H-1B visa is intended to help employers who are unable to find the business skills and abilities they require in the US workforce.
H-1B visas are granted for a total of six years, with authorization given in two three-year periods. The initial three-year period may be extended for another three years, up to a maximum of six years. Extensions are granted in three-year increments until a final decision is made to revoke approval or deny the immigrant visa petition. In certain cases, an H-1B extension beyond six years may be granted if specific conditions are met.
To hire an international student on an H-1B visa, an employer must demonstrate that the position meets two basic requirements: the salary must meet the prevailing wage as defined by the Department of Labor, and a bachelor's degree must be the minimum requirement for the role. Additionally, international students must have work authorization before starting employment but can be offered employment without it. Employers must also supply international students with an employment offer letter and, if applicable, a completed CPT Information Sheet.
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Frequently asked questions
Employers must prepare an offer letter on their company's original letterhead. The letter must include a statement that the position is an internship, the beginning and end dates of the internship, and the physical location of the internship.
Most international students are in the US on non-immigrant student visas (F-1 and J-1) and are eligible to accept employment under certain conditions. The F-1 visa allows for off-campus work authorization, including Curricular Practical Training (CPT) and Optional Practical Training (OPT).
CPT is Curricular Practical Training, which allows international students to engage in part-time or full-time internships while they are full-time students during the academic year.
The H-1B is a temporary working visa for workers in "specialty occupations." The job must meet two basic requirements: the salary must meet the prevailing wage as defined by the Department of Labor, and a bachelor's degree is the minimum requirement for the position.
