Hiring an international student or graduate can sometimes be a confusing process. This simple guide provides some information about the most common processes used to hire international students on a temporary basis. For more information about hiring foreign nationals for temporary or permanent employment, please see United States Citizenship and Immigration Services (USCIS).
U.S. law provides a few different ways for employers to hire international students for temporary employment. For example, USCIS issues tens of thousands of work visas each year. Similarly, graduates of U.S. institutions on F-1 visas are eligible for one year of "practical training" and are hired regularly by U.S. employers.
Getting permission for international students to work in the U.S. is not as difficult as many employers think. Most international students attending Lawrence University are on non-immigrant student visas (F-1), and are eligible to accept employment under certain conditions.
Benefits of Hiring an International Student from Lawrence University
International students at Lawrence University combine superior academic preparation with global experience. Many international students are fluent in at least two languages and they tend to adapt quickly to new geographic, social and cultural environments.
PRACTICAL TRAINING for F-1 Students
Practical training is a legal means for F-1 students to obtain employment in areas related to their
academic field of study. In general, students must have completed one academic year (approximately
nine months) in F-1 status and must maintain F-1 status to be eligible for practical training. There
are two types of practical training, (1) Optional Practical Training,
and (2) Curricular Practical Training.
(1) Optional Practical Training (OPT)
Processing Time: Average processing time for USCIS to issue the EAD is two or three months, and students may begin employment only AFTER they receive the EAD and the begin starting date has been reaced. The EAD indicates the starting and ending dates of employment. (Note: Lawrence University's academic year typically begins the last week of September and ends the second week of June.)
Cost: No cost to employer. Student pays $180 filing fee to USCIS to get an EAD card.
Employer Obligations: Treat employees on OPT just like other U.S. employees in terms of pay, discipline, termination, etc.
(2) Curricular Practical Training (CPT)
Processing Time: Processing time varies from institution to institution. In most instances CPT can be approved by the DSO within two business days upon submission of all necessary paperwork.
Cost: No cost to employer or student.
Employer Obligations: Treat employees on CPT just like other U.S. employees in terms of pay, discipline, termination, etc.
Minimal Paperwork for the Employer
There is little paperwork for an employer who hires F-1 students. All paperwork is
handled by the students, Lawrence University, and USCIS. For CPT,
Lawrence will make a notation on the student's copy of the I-20 form indicating that CPT has been
authorized, and specify the duration and place of employment. Students authorized for OPT
must apply to USCIS (through Lawrence University) for the Employment Authorization Document (EAD).
H-1B Visas
This visa is available to foreign nationals who have at least a U.S. Bachelor's degree or foreign equivalent, and will be working in a job that requires at least a Bachelor's degree. The Employer must submit a visa petition to USCIS. Approvals can take as little as two weeks.
Processing Time: Normal processing times can vary depending on the work location. However, USCIS has a special 15-day "premium processing" for an additional $1,000 filing fee.
Cost: The normal filing fee for private employers is $185, plus a $1,500 "training fee", plus a "fraud prevention" fee of $500. (NOTE: University employers, certain non-profit research organizations, and primary/secondary schools do not pay the "training fee". Employers with 25 or fewer employees pay only a $750 training fee.)
Duration: Individuals may work in the United States for three years, and then may extend their H-1B visa for another three years, for a maximum of six years. This visa is valid only for employment with the organization that petitioned for them. Individuals must re-apply to the USCIS if they wish to change employers. If an employer hires an international student who is using Optional Practical Training, but expects that employment is likely to extend beyond the practical training period, they are strongly encouraged to petition for an H-1B visa as soon as the initial job offer has been made.
Employer Obligations: The employer must:
- Post a notice providing information about the job for ten days in two different locations at the worksite. This notice must state that the employer is hiring an H-1B worker.
- Maintain a public access file for each H-1B employee. The file must contain several documents, including the posting notice, proof of posting, prevailing wage determination, certified Labor Condition Application (LCA), a receipt from the employee showing s/he received a copy of the LCA, a statement of the actual wage rate, a short memorandum describing how the employer determined the salary and a summary of available benefits.
- Pay the same wage and benefits provided to similarly employed U.S. workers.
- There is NO need to advertise the position, and NO need to determine if U.S. workers are available to fill the position.
H-1B Quota: USCIS issues 65,000 new H-1B approvals each year (October 1 through September 30). Exceptions to this cap: university jobs; H-1B extension with the same employer; H-1B transfer to new employer. Graduates with U.S. advanced degrees have a special allotment of 20,000 H-1Bs per year above the 65,000.
H1B FAQs: Click here for information provided by USCIS.
(last updated - Tuesday, April 3, 2007):