Ibrahim Gardner
International students can be a valuable asset to any organization, bringing diverse perspectives and skill sets. With the right work authorization, they can contribute to the success of businesses and fill talent gaps. In the US, federal regulations permit the employment of international students on F-1 and J-1 visas, allowing them to gain practical experience related to their field of study. Employers play a crucial role in this process by offering employment and guiding students through the necessary paperwork, such as the I-9 form and I-20/DS-2019 documentation. Understanding the visa requirements and regulations is essential for a smooth hiring process, and seeking legal advice can be beneficial. By embracing the opportunity to hire international students, organizations can tap into a diverse talent pool and gain a competitive edge in today's global marketplace.
| Characteristics | Values |
|---|---|
| Visa type | F-1, J-1, M-1 |
| Visa requirements | Enrolled in an "academic" educational program, a language-training program, or a vocational program |
| School requirements | Must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement |
| Work authorization | Curricular Practical Training (CPT), Optional Practical Training (OPT), Academic Training (AT) |
| Work authorization requirements | Must be related to the student's area of study, must be authorized by the Designated School Official (DSO) and USCIS |
| Work authorization duration | F-1 students: 12 months, STEM students: 24-month extension |
| Employer requirements | None, but employers must refrain from discriminating based on national origin and/or immigration and citizenship status |
| Additional considerations | H-1B visa for foreign individuals to work legally in the US for three years, with a possible three-year extension |
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What You'll Learn
Visa requirements for international students
International students wishing to study in the United States must obtain a student visa. The type of visa required depends on the course of study and the type of school the student plans to attend. The most common student visas are F-1 and M-1 visas.
F-1 visas are for full-time international students pursuing academic studies. To be eligible, students must be enrolled in an "academic" educational program, a language-training program, or a program that culminates in a degree, diploma, or certificate. The school must be approved by the Student and Exchange Visitor Program (SEVP) and authorized by the U.S. government to accept foreign students.
M-1 visas, on the other hand, are for full-time international students pursuing vocational studies. This includes students in vocational or other non-academic programs, excluding language training. Similar to the F-1 visa, the school must be approved by SEVP.
To obtain an F-1 or M-1 visa, students must first apply to a SEVP-approved school in the United States. If accepted, the student will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee. The school will then issue a Form I-20, which is required for the visa interview. Students should also have other documents ready for the interview, such as academic records, standardized test scores, evidence of financial ability, and proof of intent to return to their home country after completing their studies.
It is important to note that visa applicants generally require an interview, and wait times for interview appointments can vary by location, season, and visa category. Students should, therefore, apply for their visa early. Additionally, students must have a valid passport for travel to the United States, which is valid for at least six months beyond their period of stay.
The J-1 exchange visitor visa is another option for foreign nationals participating in work-and-study-based exchange programs, such as visiting scholars, camp counselors, au pairs, or research assistants. Institutions designated for J-1 visas must be accredited and are managed by the U.S. Department of State and the Department of Homeland Security.
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Work authorization processes
International students in the US can obtain temporary work authorization through various visa types, including F-1, J-1, and M-1. The F-1 Visa is for academic students enrolled full-time in an accredited academic institution, while the M-1 visa is for vocational or non-academic programs. F-1 students may not work off-campus during their first academic year but may accept on-campus employment. After the first year, they can engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Severe Economic Hardship off-campus employment. CPT is defined as "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 student's degree or academic credit must be awarded. Prior authorization from the school's International Student Office and notification to the U.S. Citizenship and Immigration Service (USCIS) are required. CPT employment is limited to part-time (20 hours per week or less) during the academic year, and there is no limit to how long a student can work. However, full-time CPT for 12 months or more makes the student ineligible for OPT.
OPT is available to F-1 students both during and after the completion of their degree. It requires prior authorization from USCIS and the school's International Student Office, and students must have been enrolled for at least 9 months. Students with an F-1 visa can also apply for off-campus employment authorization in cases of severe economic hardship occurring after enrollment and after being in F-1 status for at least one academic year. This authorization is valid for one year and can be full-time or part-time.
Students on J-1 visas are eligible for up to 18 months of work authorization, called Academic Training, which can be extended for another 18 months for post-doctoral students. Some J-1 program participants are also allowed to work part-time during their academic program. Academic Training is granted in the form of a letter by the Responsible Officer (RO) or Alternate Responsible Officer (ARO) at the student's institution.
Students must apply for an "Employment Authorization Document" (EAD) or Form I-765, which requires several forms, documents, fees, and photos. The application process can take up to 12 weeks, and students cannot start working until they receive their EAD. Students with F-1 or J-1 visas do not require their employers to document that they did not take a job from a qualified American, but employers must document this if they wish to hire foreign citizens on a permanent basis and sponsor them for permanent resident status.
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The role of the employer
The process of hiring an international student is not as difficult as many employers might assume. However, there are a few key steps that employers should be aware of.
Firstly, it is important to understand the different types of visas and work authorizations available to international students. The most common type of student visa is the F-1 visa, which allows full-time students to study in an accredited academic institution. F-1 students can work under "practical training" provisions, and may accept on-campus employment in their first year. After the first academic year, they may engage in off-campus employment, but it must be related to their area of study and authorized by the Designated School Official (DSO) and USCIS. F-1 students can also obtain Curricular Practical Training (CPT) authorization for internships and jobs during their studies, and Optional Practical Training (OPT) for 12 months of full-time work authorization after graduation.
Another type of visa is the J-1 visa, which is for exchange visitors. J-1 students may work on "academic training" provisions, and can obtain work authorization through their J-1 student's RO with AT approval. However, some J-1 students are subject to a two-year foreign residence requirement.
Once an employer has extended an offer of employment to an international student, the student will need to begin the work authorization process. While the employer does not need to provide work authorization, they may need to provide a letter confirming the student has been hired for immigration purposes. The employer will also need to request a copy of the student's documentation for their records.
It is important to note that there may be additional costs for employers when hiring international students, such as application fees for visas. In some cases, it may be beneficial to hire an attorney to help navigate the complexities of visa applications and immigration processes.
Overall, hiring international students can be a beneficial and rewarding experience for employers, providing access to a diverse and talented pool of candidates.
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Benefits of hiring international students
International students can bring a variety of benefits to organizations, contributing to their success in numerous ways. Firstly, they can provide a diverse range of perspectives, helping to discover innovative solutions to problems. Diverse teams have been shown to outperform homogeneous ones, and a study by the Boston Consulting Group found that diverse teams produce 19% more revenue. International students can bring cross-cultural experience and broad global expertise, with many speaking multiple languages.
Additionally, international students are often highly motivated to perform well in their roles. Due to their temporary immigration status, they are incentivized to work hard and achieve high performance. They also tend to have simpler social lives, allowing them to focus more energy on their jobs. International students are also more likely to accept lower compensation for the same position as they have less bargaining power, which can save costs for employers.
Hiring international students can also help organizations fill skill gaps and address the current 'war for talent'. With an increase in graduate employers and a decrease in the number of students, many organizations are struggling to fill graduate positions. International students can provide a valuable talent pool to meet this demand.
Furthermore, there are various visa options available for employers looking to hire international students, such as the F-1 and J-1 visas, which offer work authorization for 1-1.5 years without sponsorship. For STEM-approved majors and jobs, this can be extended to three years. The process of hiring international students is similar to hiring domestic graduates, and there is minimal additional paperwork required from the employer. Overall, hiring international students can provide a competitive advantage to organizations, contributing to their success and performance.
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Immigration attorney considerations
Immigration attorneys should be well-versed in the various visa categories and their specific requirements for hiring international students. Here are some key considerations:
- Visa Categories: Most international students in the US fall under the F-1 or J-1 non-immigrant student visa categories. F-1 students are enrolled in academic programs, while J-1 students typically participate in cultural exchange programs. Understanding the differences between these categories is crucial for providing accurate advice to employers and students.
- Work Authorization: International students' work authorization depends on their visa type and specific regulations. F-1 students may be eligible for Curricular Practical Training (CPT) after one year of full-time study, allowing them to gain practical experience in their field of study. They may also seek off-campus employment under certain conditions, such as economic hardship. J-1 students are generally authorized for up to 18 months of academic training, and they can also work part-time during their academic program.
- Sponsorship and Costs: Sponsoring international students for internships, part-time employment, or long-term positions may incur costs for employers. Immigration attorneys should advise clients on their responsibilities and potential expenses as sponsoring employers. This includes understanding the requirements for Optional Practical Training (OPT) and STEM OPT, which are common work authorization types.
- H-1B Visas: The H-1B visa is a temporary work visa for "specialty occupations." Immigration attorneys can guide employers through the process of hiring international students under this visa category, which allows for a total of six years of employment authorization. The cap-gap extension is an important consideration, allowing for continuous employment during the transition from OPT to H-1B status.
- E-2 and L-1 Visas: These visa categories are relevant for hiring international graduates. The E-2 status is suitable for hiring graduates with the same nationality as a foreign base company, offering flexibility and potential indefinite extensions. The L-1 visa, on the other hand, requires prior employment with the foreign entity for at least one year.
- Compliance and Liability: Employers and international students must comply with federal regulations and immigration laws. Immigration attorneys play a crucial role in ensuring that employers verify work authorization before students begin employment. They should also address liability concerns related to the employment of international students due to changes in federal laws governing non-citizens.
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Frequently asked questions
International students bring great value to any organization and contribute to its success. They offer a legal source of talent for hire and can be extremely beneficial to an organization.
The most common type of student visa is an F-1 visa, which allows international students to work in the US within certain limits. The visa allows students to work in jobs related to their major field of study.
Employers begin by extending an offer of employment to the students. Once a student accepts the offer, the process of work authorization begins. Students are responsible for completing the process of work authorization and obtaining the proper paperwork.
There may be costs associated with hiring international students, such as application fees for visas and work permits. However, the student is typically responsible for paying the OPT application fee.
