Hiring international students can be an excellent way to leverage some of the world’s best and most diverse talents for your organization. In this blog, we will be discussing the options for employment authorization that are available for international students studying in the US.
Explaining the F-1/J-1 Status:
An international student needs a student visa in order to be able to pursue a program of study in the United States. Most universities within the country offer two distinct forms of status for nonimmigrants:
F-1 Status:
This student status is primarily issued for nonimmigrant students wanting to pursue a specific degree program (such as BS, MS, Ph.D., or MD) anywhere in the United States. An F-1 student status might be issued for certain programs. The documents required for students wanting F-1 status include: F-1 visa, Form I-20, Electronic I-94 record or I-94 card, and an admission stamp.
J-1 Status:
This is a form of status that is primarily used for nonimmigrants attending an exchange program in the US. The documents required for the J-1 student status include: J-1 visa, Form DS-2019, Electronic I-94 record, I-94 card, and an admission stamp.
Since the vast majority of US nonimmigrant students obtain an F-1 student status, this guide will be focused on hiring an F-1 student.
Hiring F-1 Students for Internships:
CPT (Curricular Practical Training):
Through the CPT work authorization, an F-1 student can start practical training related to their specific academic field after they have studied full-time for at least a year. The most common CPT opportunities consist of internship programs. Based on the specific CPT policy, a student can be permitted to work either part-time or full-time during the internship duration. If the student’s specific academic program requires them to complete an internship during their initial year of studying, the one-year full-time study requirement might be waived.
Duration:
Even though there is no duration limit, once a student completes a full year of full-time CPT, they are no longer eligible for OPT (Optional Practical Training). On the other hand, working part-time under a CPT program does not have any impact on OPT eligibility. If it is required by a student’s academic program, they have the option to go for CPT on the very first day of the program.
The Role of the Employer:
Since CPT application is solely the student’s responsibility, the hiring organization is not required to act in any way. However, the employer will usually have to send a letter to the intern confirming their acceptance into the internship program.
The Role of the Student:
Once the student receives an internship offer from an organization, they must submit an application to their sponsoring school. This online application must contain the starting and ending dates for the internship, as well as the name of the hiring organization. The said process will be assisted by the school’s international student department. US immigration regulations require that a student who engages in full-time or part-time CPT must remain a full-time student throughout the academic year. However, the student needs not have a full-time enrollment during periods of official vacation (the summers, for example).
Processing Time and Cost:
It usually takes around 5-12 working days for a CPT to be processed and approved. An employer will not endure any costs for this process.
Hiring F-1 Students for Full-Time Roles:
Post-Completion OPT (Optional Practical Training):
Post-completion OPT is the work authorization through which graduated F-1 students can obtain practical experience that is related to their academic field.
Duration:
For an F-1 student, the OPT duration is 12 months. It is important to remember that the time period for any pre-completion approved OPT shall be subtracted from this 12-month period.
The Role of the Employer:
Once again, an OPT application is solely the student’s responsibility, and therefore, will not require any action from the employer’s side. An OPT grant may or may not be accompanied by an employment offer.
The Role of the Student:
Getting work authorization for OPT requires two key steps:Step 1:
The student will need to submit an OPT recommendation request to any international advisor serving at the university’s international services department. The advisor will process this request before granting approval.
Step 2:
Once the request has been approved, the student will need to mail in the OPT application, along with the required payment and any supporting documents to the USCIS. Doing so will allow the student to secure the work authorization required for OPT.
Once the application is approved by the USCIS, the student will receive an EAD (Employment Authorization Document). The EAD will serve as proof that the student is allowed to engage in OPT for a 12-month period. The fee will have to be paid in full by the student.
Processing Time and Cost:
The USCIS usually takes approximately 60 days to process the OPT application. However, during peak processing season (which begins in February), it can take around 3-5 months for the application to be processed. For this reason, students should send in their application around 90 days prior to their graduation date. It is mandatory for the employee to have their EAD card before they can start working.
Hiring F-1 STEM Graduates for OPT:
International students graduating in STEM (Science, Technology, Engineering, or Mathematics) can engage in OPT, lasting an additional 24 months. This benefit has been offered in order to allow STEM graduates to obtain extra experience pertaining to their field.
Duration:
The duration of STEM OPT is 24 months for students on an F-1 visa.
The Role of the Employer:
- The employer needs to be enrolled in the E-Verify program.
- Needs to create and execute a practical experience training program that will help the student enrich their academic learning. This training program will be signed by both the student and the employer before being submitted to the international student service department for approval. The employer will be required to submit the student’s progress report on two occasions: midway through the program and once the 24-month period is over.
- In case of employment termination, the employer will need to inform the international student office at the academic institution within 5 working days.
- Offer employment opportunities that are similar to those offered to other US workers, in terms of compensation, hours, and duties.
- Attest to the following:
- The organization has sufficient trained personnel and other resources to ensure appropriate training of the student.
- The hired student is not going to be a replacement for a permanent, temporary, part-time, or full-time US worker.
- The organization will help the student in attaining their training objectives.
The Role of the Student:
The student will be required to submit the I-983, completed training plan. This plan will be part of the STEM OPT application submitted to the international student office. F-1 students are required to mail the complete OPT application, along with submitting the mandatory fee and any supporting documents to the USCIS. After the application has been approved, the USCIS will issue the EAD to the student. The fee will have to be paid in full by the student.
Processing Time and Cost:
On average, the processing time for a STEM OPT is around 3-5 months, although certain cases can take up to 7 months or more. It is mandatory that the STEM OPT Extension be filed before the primary OPT period expires. If a student files the STEM OPT application within the required time, but the OPT period expires while the application is still being processed, the student gets an automatic, 180-day work authorization extension. Since this extension, by law, is automatic, no action is required on the part of the USCIS.
Final Word:
There are a number of benefits of hiring international students for your organization. Not only can such employees increase diversity in terms of perspectives and ideas, but they can also boost your company’s technological, scientific, and economic competitiveness through greater diversity in areas such as knowledge, innovation, and research.
In addition, international students Oftentimes have greater knowledge and understanding of their local markets, which can prove invaluable if you are looking to expand your business on an international scale.
To conclude, if you are one of the many organizations looking to hire international students for your US organization, we hope that this guide will be of assistance during the hiring and recruitment process.
If you have any questions about how these immigration and nationality laws in the United States may impact you or your family or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com