Lori Meadows
International students can be a valuable asset to organizations, bringing global and intercultural fluency to the workplace. However, hiring international students can be a complex process for employers due to visa requirements and work authorization regulations. Most international students in the United States hold F-1 or J-1 non-immigrant student visas, which allow them to accept employment under specific conditions. It is crucial for employers to verify an international student's work authorization before their employment start date to avoid legal issues. While there is minimal paperwork for employers hiring F-1 or J-1 students, understanding the visa requirements and ensuring compliance is essential. Employers should also be aware of the duration of work authorization granted to international students, which varies depending on their visa status and academic level.
| Characteristics | Values |
|---|---|
| Work authorization | International students on F-1 visas are eligible for work authorization after one year of full-time study. F-1 students are also eligible for 12 months of U.S. work authorization after graduation, with STEM students being eligible for 24-month extensions. |
| Visa requirements | Most international students are in the U.S. on non-immigrant student visas (F-1 and J-1). J-1 students can receive work authorization for up to 18 months, with post-doctoral students able to apply for an additional 18 months. |
| Employer liability | Employers must confirm an international student's work authorization prior to the employment start date to prevent any liability for the student and the employer. Employers must also document that they did not turn down a qualified American applicant for the position if they wish to hire a foreign citizen on a permanent basis. |
| Paperwork | There is minimal paperwork for employers hiring F-1 or J-1 students. The only paperwork required is a Job Offer Letter. |
| Skills | International students can bring valuable skills to organizations, such as global and intercultural fluency. |
| Hiring process | The process of hiring international students is not as difficult as many employers think. The application process for work authorization is straightforward, and there is no fee involved for hiring J-1 students. |
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What You'll Learn
International students' work authorization
International students in the US are allowed to obtain work authorisation 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 international students are eligible to accept employment under certain conditions.
F-1 students can obtain Curricular Practical Training (CPT) authorisation to accept practical training in their academic field after one year of full-time study. Internship programs are some of the most common types of CPT opportunities for international students. Students can choose to work full or part-time during their internships, depending on the institution’s CPT policy.
Upon graduation, all F-1 students have US work authorisation for 12 months through a grant of Optional Practical Training (OPT). STEM (Science, Technology, Engineering, and Mathematics) students can receive extensions of 24 months, thus allowing them to work full-time for 36 months after completing their degrees. During this period, employers do not need to secure work authorisation from USCIS.
J-1 students receive work authorisation in the form of a letter issued by the RO or ARO at their institution. J-1 students can obtain authorisation from their program sponsor to work for up to a total of 18 months, while PhD students can work for up to 36 months. Post-doctoral students may apply for an additional 18 months of Academic Training.
With some planning, an employer can hire international students to continue working for them in the H-1B visa category for a total of six years (authorisation is granted in two three-year periods). The H-1B is a temporary working visa for workers in a “specialty occupation”. The job must meet two basic requirements: 1) The salary must meet the prevailing wage as defined by the Department of Labor; 2) A bachelor’s degree is a minimum normal requirement for the position.
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Non-immigrant student visas
International students in the US are typically on non-immigrant F-1 or J-1 visas. F-1 visa holders are eligible for Optional Practical Training (OPT), which authorises them to work for up to 12 months after graduation. This is a direct benefit of the F-1 visa and can be applied for through the International Students and Scholars Office at the relevant educational institution. Students can also obtain Curricular Practical Training (CPT), which allows them to take internships in their academic field after a year of full-time study.
J-1 visa holders are eligible for Academic Training, which authorises them to work for up to 18 months. Post-doctoral students may apply for an additional 18 months. Work authorisation is issued in the form of a letter by the Responsible Officer (RO) or Alternate Responsible Officer (ARO) at the student's institution. PhD students on J-1 visas can work for up to 36 months, but the training period cannot exceed the length of the academic programme.
F-1 and J-1 visa holders are eligible to accept employment under certain conditions. The work must be related to their academic field of study. Students on these visas can also work part-time during their academic programme.
After the practical/academic training period, federal regulations require that employment terminates. However, with some planning, an employer can hire international students to continue working for them in the H-1B visa category for a total of six years. The H-1B is a temporary working visa for workers in a "specialty occupation". The job must meet two basic requirements: the salary must be at least 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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Internships and employment conditions
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 are eligible to accept employment under certain conditions.
F-1 students can obtain Curricular Practical Training (CPT) authorization to accept practical training in their academic field after one year of full-time study. Internship programs are some of the most common types of CPT opportunities for international students. Students can choose to work full or part-time during their internships, depending on the institution’s CPT policy.
F-1 students can also obtain Optional Practical Training (OPT) authorization, which allows for an initial 12 months of full-time work authorization after graduation. STEM students are eligible for 24-month extensions, allowing them to work full-time for 36 months after completing their degrees. During this period, employers do not need to secure work authorization from USCIS.
J-1 students receive work authorization in the form of a letter issued by the Responsible Officer (RO) or Alternate Responsible Officer (ARO) at their institution. J-1 students are eligible for up to 18 months of work authorization, called academic training. Post-doctoral students may apply for an additional 18 months of Academic Training. PhD students can work for up to 36 months, but the academic training period cannot exceed the length of the academic program. The work must be directly related to the academic degree program and is certified by the academic institution's J-1 RO.
If employers wish to hire J-1 status students, there is no fee involved or action to be taken. The student simply obtains authorization from their program sponsor. However, employers must confirm an international student’s work authorization prior to the 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.
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Permanent residency sponsorship
Sponsoring permanent residency for international students is a process that employers can undertake to hire foreign talent. While international students are eligible for temporary work authorization, they may also seek permanent residency.
Most international students in the US are on non-immigrant student visas (F-1 and J-1), which allow them to accept employment under specific conditions. F-1 students can obtain Curricular Practical Training (CPT) authorization to work in their academic field after a year of full-time study. They can also apply for Optional Practical Training (OPT), which provides 12 months of full-time work authorization after graduation. STEM students are eligible for a 24-month extension, allowing them to work for up to three years. J-1 students can obtain work authorization for up to 18 months, with post-doctoral students eligible for an additional 18 months.
To sponsor an international student for permanent residency, employers must demonstrate that they did not turn down qualified American applicants for the position. Sponsoring employers are not required to document that a qualified American was unavailable, but they must retain documentation showing that they considered all applicants fairly. This requirement only applies when hiring foreign citizens on a permanent basis and sponsoring their permanent residency ("green card").
Employers can also consider the H-1B visa category, which allows international students to work for up to six years. The H-1B visa is a temporary work visa for "specialty occupations," requiring a bachelor's degree and a salary meeting the prevailing wage as defined by the Department of Labor. The transition from OPT to H-1B can be seamless if the petition is filed while the student is still in their approved OPT period.
Additionally, the E-1 and E-2 statuses offer temporary admission to foreign nationals from countries with commerce or investment treaties with the US. E-1 beneficiaries are Treaty Traders, while E-2 beneficiaries are Treaty Investors. E-2 status is particularly useful for hiring international graduates with the same nationality as the foreign base company.
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Practical training and academic training
For J-1 visa holders, work authorization is granted in the form of a letter by the Responsible Officer (RO) or Alternate Responsible Officer (ARO) at their institution. J-1 students are eligible for up to 18 months of work authorization, called academic training, which can be extended for an additional 18 months for post-doctoral students. PhD students can work for up to 36 months, but the academic training period cannot exceed the length of the academic program. The work must be directly related to the academic degree program and is certified by the academic institution's J-1 responsible officer.
Students on F-1 and J-1 visas who are earning income while working on practical training are subject to applicable federal, state, and local income taxes unless exempt due to a tax treaty. Employers do not need to secure work authorization from USCIS during this period, and there are no extra costs associated with hiring international students on practical training visas.
Prior to the start of employment, employers must confirm an international student's work authorization to prevent any liability for both the student and the employer. Students must also obtain permission for practical or academic training prior to starting a compensated internship.
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Frequently asked questions
International students 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 are eligible to accept employment under certain conditions. Employers must confirm the student's work authorization before the employment start date. The only paperwork required is a Job Offer Letter.
F-1 students can obtain Curricular Practical Training (CPT) after one year of full-time study, allowing them to work part-time or full-time in internships related to their academic field of study. J-1 students receive work authorization in the form of a letter from their institution, allowing them to work for up to 18 months, with PhD students working for up to 36 months.
There is little to no cost for employers as most of the paperwork is handled by the students, the school, and USCIS. The student pays the OPT application fee directly to USCIS, and there is no cost for the E-Verify program.
Employers must document that they did not turn down qualified American applicants for the position and sponsor the international student for a permanent resident status ("green card").
Employers must ensure that the position meets the basic requirements for the visa type, including salary requirements and educational qualifications, such as a bachelor's degree.
