Many companies hire students not only to meet temporary business needs but also to meet future business targets. Students are the fresh talent your organization needs to fulfill the demands of your sector. The students also do not want to miss out on any opportunity to get valuable experience, strengthen their C.V.s, earn extra money, and learn new life skills.
Hiring international students in the USA is the best way to bring the best talent to your workplace. Studies have shown that international students are more talented and dedicated in the workplace. They have a diverse skillset and backgrounds to meet your company’s target every year. But while you hire international students, you need to make sure that they are on the right visas and have the work permit. The USA government has set some rules and regulations for international students to study and work in the USA. The international students, as well as employers, need to follow the rules and regulations while working and recruiting, respectively, or may end up in unnecessary troubles. So here is the Employers Guide to Hiring International Students for your organization.
All international students who are neither U.S. citizens neither permanent residents need to enroll in an academic program under one of the two non-immigrant student visas, either an F-1 visa or J-1 visa. But most of the students are F-1 visa holders and can work under CPT, pre-completion or post-completion OPT, or STEM OPT extension. While hiring international students, employers need to need to make sure that international students have obtained work authorization.
What is F-1 Visa Status?
International students need to have an F1 visa to pursue a degree or be a part of an exchange program in the United States. The non-immigrant students need to apply for degree programs like BSc, MSc, Ph.D., MD, and other exchange programs while on an F1 visa. Documents for F1 visa includes form I-20, F-1 visa, I-94 card or Electronic I-94 record, and Admission Stamp.F1 students must be enrolled in a full-time academic course for at least nine months before they file an application for work authorization.
But usually, the International students are on F1 visas in the USA and can work on various work permits, so as an employer, you need to know about it, and here in this blog, we will focus on the F1 visa.
What is work authorization?
Usually, there is a miss conception that international students cannot work in the USA. Well, that is not true. International students are allowed to work in the USA, but they need to fulfill certain eligibility criteria. So here are the types of work authorization available for F-1 visa holders. And as employers, you need to check the student’s documents before you recruit International students.
There are three types of position employers can hire international candidates for Internship, Part-time, and Full-time.
Hiring F-1 students for Internships:
The USA government allows F-1 visa holders to participate in an internship only when they are eligible for CPT. CPT is the curricular practical training that allows F1 students to work off-campus in an internship. Internship programs enable international students to gain practical exposure in their area of expertise through paid or unpaid internships. You can hire students part-time as well as full-time, depending on their university’s CPT guidelines. International students can only use CPT before completion of their degree.
There is no specific time limit for a CPT, but using 12 months of full-time CPT eliminates eligibility for OPT. So students always prefer part-time internship as Part-time CPT does not affect the eligibility criteria for OPT.
As an employer, you do not need to pay anything for a CPT application. The whole responsibility is for International students. The employer just needs to send an internship offer letter to the international student so they can begin the procedure of applying for CPT. Students need a CPT employer letter, and employers need to use specific templates to send the employer letter.
The employer has to pay nothing for the process of CPT. The international student can get CPT within 5 to 10 Days of application and can begin the internship. After the approval, it is always beneficial for the employer to get a copy of form I-20 from the student as the international student will keep the original.
Hiring International Students for Part-time, Full-time OPT jobs:
Hiring an international student for part-time or full-time work requires OPT.
OPT is the Optional Practical Training Program that allows international students to work off-campus in their field of expertise while pursuing their degree and after completion of their degree.
While hiring an international student for part-time or full-time work does not require sponsorship from the employer. The international student has a pre-completion and post-completion OPT option. In the case of pre-completion OPT international student is allowed to work only 20 hours a week, and in the case of post-completion OPT, the international student can work 40 hours a week. However, the amount of days/months used in pre-completion OPT will be deducted from post-completion OPT.
The OPT is granted to an international student with or without an offer letter. Once the OPT is approved, the international students need to issue an EAD card as proof for the work permit for the 12 months.
This is a no-cost process for an employer. The OPT approval takes 60 days to receive, so in case if you are planning to hire an international student who does not have an OPT application already under process, you may need to wait a little longer. The international student cannot work off-campus in the USA without an EAD card in hand.
Hiring international student with OPT STEM extension:
The United States allows STEM graduates to work for 24 months in the USA after completing OPT. The international students who belong to science, technology, engineering, and mathematics field are eligible for OPT STEM extension. OPT STEM extension can be used only after completing a 12 month OPT period.
While hiring STEM graduates, no employer sponsorship is required. But to employ OPT STEM students, the employer must need to follow certain criteria while the student works with them.
- The employer should be enrolled in an E-verify program.
- The compensation given to STEM OPT students must be equal to the U.S. citizen with the same qualification in a similar position.
- The student’s I-983 training plan must be reviewed and signed off by the direct supervisor.
- If there are any changes made in the student’s job plan post recruitment, the supervisor needs to review and sign-off the new I-983 training plan.
- The student gaining practical training under STEM OPT extension needs to complete two self-evaluation, one at mid-term and one by the end of the employment. The supervisor must review them and sign off the self-evaluation whenever required.
- Due to any reason, if the student’s employment is terminated before the end of the OPT extension, the employer needs to notify OIA. The report has to be submitted within five business days.
The international student on STEM OPT extension needs to work at least 20 hours a week. The STEM OPT extension process might take 3 to 4 months. The application for STEM OPT extension must be submitted before OPT expiration. Once the STEM OPT is approved, the international students need to issue an EAD card as proof for the work permit.
If an International student that you plan to hire has already used CPT, OPT, and OPT STEM extension and you still wish to hire them then you need to submit the sponsorship application on behalf of the student. The student once changes the Visa status from an F1 visa to H1B is eligible to work for the same employer for up to 3 years. And can be extended for more than three years after the renewal.
Employers, while hiring any international student on an F-1 visa needs to be highly dedicated to providing proper training to the candidate throughout the program for completing the I-983 Training Plan, and multiple follow-up progress reports.
The employers should meet these criteria and make sure the international student has all the approvals needed to work and earn in the USA. Hiring international students broadens the diversity and ideas that an organization receives to increase a better understanding of the global market. If you now plan to hire an international student, you can choose OPTResume as they provide one of the best resume database services to help you get quality resumes. Using international student’s knowledge of other cultures and their network profoundly will increase the organization’s growth.
