Hiring International Students

NYSCEEA

New York State Cooperative & Experiential Education Association

Hiring International Students:

While many students do plan to return home, most also place high value on U.S. work experience in either an internship, Co-op, or full-time position. Employers also acknowledge the unique talents that a person with multilingual and multicultural skills brings to the workplace.

Visa Type

F-1 Most students traveling to the U.S. to pursue academic study have an F-1 visa. The student and the university are responsible for all paperwork.

J-1 A smaller number of students traveling to the U.S. to pursue academic study have a J-1 visa. The student and the university are responsible for all paperwork.

TN Visas for Canadian and Mexican citizens to work as NAFTA Professionals in the U.S. as part of the North American Free Trade Agreement. Profession must be listed on the NAFTA List and visa holder must have the qualifications of the position.

H1-B Non-immigrant visa issued to bachelor degree holders or the equivalent who travel to the U.S. to work in a professional position related to their field of study. This is an employer-sponsored visa with U.S. work authorization for up to 3 years with a 3 year option to renew. H-1B is only one of many visas available.

Work Authorization

F-1 CPT Curricular Practical Training: F-1 work authorization designed to provide employment opportunities for students where the practical training is integral to their academic program, and credit or academic recognition is earned. Co-op work or internships for which a student earns credit or academic recognition applies toward CPT. A written offer is required of the employer.

F-1 OPT Optional Practical Training: Work authorization designed to provide U.S. employment opportunities for students with F-1 visas. May be used for internships or upon completion of study to begin full-time work as long as a total duration of time worked does not exceed 12 months. No paper-work is required by the employer.

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

Pre-completion OPT:

An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major area of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session.

Post-completion OPT:

An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study.

J-1 Academic Training: Work authorization designed to provide U.S. full-time work/training opportunities for students with J-1 visas. May be used for internships, Co-ops, or upon completion of study to begin full-time work as long as the total duration of time worked does not exceed 18 months. A written offer is required of the employer.

FAQ's

Can I hire an International student?

Yes and here are some of the issues to consider…

Do international students need a Green Card to work in the United States?
No. Students who maintain an F-1 or J-1 visa status are permitted by federal regulation to work in their major field of study, for up to 12 months for F-1 status and up to 18 months for J-1 status.

Are international students eligible for Co-op and internship positions in the United States?
Yes. F-1 visa holders are eligible for Co-op under CPT. F-1 visa holders typically use OPT for internships, but may be able to use CPT with faculty approval for an independent study. J-1 visa holders are eligible for Co-op & internships under academic training. A written offer is required of the employer; all other paperwork is handled by the student and their Office of International Student and Scholar Services.

Can F-1 and J-1 visa holders begin working full-time in the United States after graduation?
Yes. F-1 students who have not used all 12 months of OPT eligibility, and J-1 students who have not used all 18 months of academic training eligibility prior to graduation may work in their field of study for the balance of their eligibility. This employment is considered to be part of the program of study.

Are international students eligible to work in the U.S. after their F-1 or J-1 visa expires?
Yes. An H1-B visa allows non-immigrant employees, if eligible, to continue working in the U.S. for up to 3 years with an option to renew for another 3 years.

What is required to obtain an H1-B visa?
An application for the H-1B or temporary skilled worker visa status is made by the employer to the U.S. Citizenship and Immigration Service (USCIS). The H-1B visa may be extended for a period of up to six years. Although there are certain application forms that need to be filed with the state and federal labor departments for the H-1B, the employer does NOT have to prove that there are no U.S. workers available. Instead, the employer only has to demonstrate that the international is qualified for the job and will be paid the “prevailing wage” for that job. The application process can take anywhere from 5 weeks to 6 months depending on the area of the U.S. and the specific position.

More helpful links: http://www.millermayer.com/resources/linkscont.htm