Douglas Olsen
International students in the US are allowed to obtain work authorization under specific circumstances, whether during their studies or after graduation. Most international students are in the US on non-immigrant student visas (F-1 and J-1), and these students are eligible to accept employment under certain conditions. Employers need to know how to determine if an international student will require visa sponsorship, and career services professionals should also be aware of this process so they can advise students effectively. Students must pay a fee to U.S. Citizenship and Immigration Services (USCIS) and file a Form I-765 within 30 days. If their application is approved, they will receive a Form I-766, Employment Authorization Document.
| Characteristics | Values |
|---|---|
| Visa type | F-1, J-1, M-1, L-1A, L-1B, O-1 |
| Work authorization | Requires authorization, OPT, CPT, EAD |
| Visa sponsorship | Employers can sponsor students for work visas, but it is not obligatory |
| Visa costs | $1,495 to $2,485, depending on employer size |
| Visa duration | Up to 7 years for managers/executives (L-1A), 5 years for specialized workers (L-1B), 12 months for OPT, 90-100 days for work card |
| Employment type | Full-time, part-time, internships, on-campus, off-campus |
| Student status | Full-time enrollment required during the academic year, not during vacation periods |
| Student role | Submit internship application to sponsoring school, obtain certification letters, apply for CPT/OPT |
| Employer role | Issue confirmation letter for internship offer, keep records, apply for CPT/OPT |
| Student visa requirements | Enrolled in an academic/language/vocational program, proficient in English, sufficient funds, non-immigrant intent |
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What You'll Learn
Visa requirements: F-1, J-1, or O-1 status
International students are allowed to obtain work authorization under specific circumstances, whether during their studies or after graduation. Most international students who are neither US citizens nor permanent residents enroll in academic programs under one of two non-immigrant student immigration statuses: F-1 or J-1.
F-1 Visa (Academic Student)
To qualify for an F-1 visa, you must be enrolled as a full-time student at an accredited academic institution. Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement, and your program must culminate in a degree, diploma, or certificate. Additionally, you must demonstrate English proficiency and have sufficient funds to support yourself during your studies. F-1 students can gain practical work experience related to their major field of study through Post-completion Optional Practical Training (OPT), which allows for 12 months of work.
J-1 Visa (Exchange Visitor)
The J-1 visa is for individuals participating in exchange programs in the US. Exchange visitors must be issued a J-visa to travel to the US and must be registered in the Student and Exchange Visitor Information System (SEVIS). J-1 visa applicants in the Trainee and Intern categories also need to complete Form DS-7002. Spouses and unmarried children under 21 of J-1 visa holders may apply for J-2 visas to accompany them.
O-1 Visa (Individuals with Extraordinary Ability or Achievement)
The O-1 visa is a temporary work status available to foreign nationals with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or the motion picture/television industry. This status is granted to those who have achieved sustained national or international acclaim in their field. O-1 visa holders cannot change employers without their new employer filing Form I-129 with USCIS.
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Work eligibility: CPT, OPT, and internships
International students in the US can obtain work authorization under specific circumstances, during their studies or after graduation. Most international students who are neither US citizens nor permanent residents enroll in academic programs under one of two non-immigrant student immigration statuses: F-1 or J-1.
CPT
Curricular Practical Training (CPT) is a type of internship, training, or work/study program that is integral to your course of study. It is offered through cooperative agreements between a sponsoring employer and your college or university. CPT can be full-time and is not restricted by a weekly 20-hour work limit. To qualify for CPT, you must be an F-1 student and have completed one academic year of study at an SEVP-certified school. However, graduate students whose programs require immediate CPT are exempt from this rule.
Students must apply for CPT through their college or university and receive an offer letter from their employer. CPT is commonly used for summer internships, as it takes less time to get approved than OPT.
OPT
Optional Practical Training (OPT) is a form of training, often paid, that directly relates to your program of study. F-1 students can apply for 12 months of OPT at each education level. OPT must relate to your major or course of study. Students must apply for work authorization by filing a Form I-765 with U.S. Citizenship and Immigration Services (USCIS) and paying a filing fee. USCIS will send an Employment Authorization Document (EAD) upon approval. Students must wait to start work until they receive their EAD.
Internships
Students can choose to work full or part-time during their internships, depending on the institution's CPT policy. Graduate students who are required to participate in an internship in their first year may be eligible for CPT from day one of their full-time study.
F-1 students may work on campus (unless they are border commuters) but must work with a Designated School Official (DSO) to ensure the job qualifies as on-campus employment. Students must present certification letters from the DSO and the employer to their local Social Security Administration office to obtain a Social Security number.
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Employer's role: Sponsorship and fees
International students in the United States are allowed to obtain work authorization under specific circumstances, whether during their studies or after graduation. The most common type of student visa, the F-1 visa, allows for an initial 12 months of full-time work authorization, called Optional Practical Training (OPT). F-1 students may not work off-campus during the 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 off-campus employment in three types of situations: Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT); special situations such as severe economic hardship; or special student relief.
The role of employers in sponsoring international students varies depending on the type of visa and work authorization the student is seeking. In the case of CPT (Curricular Practical Training), the employer's role is minimal, as the application process is the sole responsibility of the student. The employer is usually only required to issue a letter to confirm the internship offer.
For OPT, there is also little paperwork for the employer. The initial paperwork is handled by the students, the school, and USCIS. The employer only needs to provide a Job Offer Letter. There is no cost to the employer for OPT, and the student pays the OPT application fee directly to USCIS.
When hiring an international student on an F-1 visa, it is important to note that the visa is only valid for employment with the company that petitioned for them. If the student wishes to change employers, they must re-apply to the USCIS. Additionally, the employer should be aware that the student's employment should terminate at the conclusion of the authorized practical or academic training.
In the case of the H-1B visa, the employer's role is more involved. To apply for this visa, the employer needs to demonstrate that the specific employment can be broadly defined as a "specialty occupation" requiring a minimum of a bachelor's degree. The H-1B visa allows individuals to work in the US for a maximum of six years.
It is worth noting that international students can also seek sponsorship from private organizations or nonprofit organizations. These organizations may offer financial support, scholarships, or other opportunities to build relationships between countries and promote global education and cultural exchange.
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Student's responsibility: Application and certification
International students are allowed to obtain work authorization in the US under specific circumstances, whether during their studies or after graduation. Students who are neither US citizens nor permanent residents usually enroll in academic programs under one of two non-immigrant student immigration statuses: F-1 or J-1.
Students' Responsibility: Application and Certification
Students who wish to study as full-time students in the US will generally need a student visa. There are two non-immigrant visa categories: the F and M visas. To enter in the F-1 or M-1 visa category, students must meet the following criteria:
- Enrolled in an "academic" educational program, a language-training program, or a vocational program.
- Enrolled in a school approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement.
- Enrolled as a full-time student at the institution.
- Proficient in English or enrolled in courses leading to English proficiency.
- Able to provide proof of sufficient funds for self-support during the entire proposed course of study.
- Able to maintain a residence abroad with no intention of giving up their residency.
F-1 students may not work off-campus during the 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): Students can work part-time while school is in session and full-time during breaks.
- Optional Practical Training (OPT): Students can work in a role related to their field of study for up to 12 months.
- Science, Technology, Engineering, and Mathematics (STEM) OPT Extension: Students with STEM degrees can apply for a 24-month extension to their OPT.
To obtain employment, F-1 students will need certification letters from the Designated School Official (DSO) and the employer. They must present these letters to officials at the local Social Security Administration office to obtain a Social Security number. The DSO is responsible for ensuring that the job qualifies as on-campus employment and that the student is in F-1 status. Students must inform the DSO before changing jobs to ensure that the new position qualifies as on-campus employment and that the DSO has the correct employment information.
Additionally, students must file Form I-765 with US Citizenship and Immigration Services (USCIS) within 30 days, paying a fee and providing supporting evidence, including Form I-20 signed by a DSO. If a student needs to replace their Form I-20, they must speak with their DSO.
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Legal considerations: IRCA and Title VII
When hiring international students, employers must be aware of the Immigration Reform and Control Act (IRCA) of 1986 and Title VII of the Civil Rights Act of 1964. IRCA requires employers to verify the employment authorization of their employees and prohibits discrimination based on citizenship status. This means that employers cannot limit job offers to "U.S. citizens only" unless required by law, regulation, government contract, or similar.
To comply with IRCA, employers can request that all employees fill out an I-9 form, regardless of their citizenship status. However, requiring only certain employees to fill out the I-9 form may violate Title VII by singling out individuals based on their national origin. Title VII prohibits discrimination based on national origin and other protected characteristics such as religion, age, race, and so on.
Therefore, when inquiring into whether an applicant is authorized to work, employers must not ask questions that would require the applicant to reveal their national origin, citizenship, or other protected characteristics. Employers may not ask about an applicant's pregnancy, sexual orientation, or religious practices, for example.
It is important to note that employers are not required to interview or hire foreign students if they do not wish to sponsor them for a work visa. If an employer extends an offer to an international student and later learns that the student requires visa sponsorship, the employer can lawfully revoke the offer.
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Frequently asked questions
It is best to be upfront about your visa status as an international student. This will allow your employer to understand your work authorization and any future requirements for sponsorship.
You can inform your employer about your international student status by explaining your visa category and any work authorizations you have, such as OPT or CPT.
OPT stands for Optional Practical Training, which allows F-1 students to gain practical work experience related to their major field of study for up to 12 months after graduation. Employers do not need to take any action for OPT, and it is a good way for them to “try out” employees before committing to long-term sponsorship.
Some companies cannot sponsor work visas, so it is important to be transparent about your visa status early in the hiring process. If your employer is willing to sponsor you, they may need to register with E-Verify.
Employers must verify your identity and authorization to work in the United States. They may ask if you are legally authorized to work and if you require sponsorship for an employment visa. They should refrain from asking about your citizenship or national origin to avoid discrimination.
