Introduction

Employers, on occasion, have the perception that hiring international students can be very difficult and time consuming due to paperwork. However, many employers are willing to hire foreign students once they find out how easy it can be and how exactly they can go about hiring them.

International students who are in the U.S. in legal F1 or J1 student (non-immigrant) status are generally eligible for some type of student work authorization upon completion of their studies. These types of work authorization allow the student to work in their field of study upon completion of the degree program for a limited time frame, provided they receive the necessary authorization before beginning the employment. The amount of time for each type of work authorization and authorization procedures vary according to the student's immigration status and whether or not they used any of this work authorization while still a student.

International students can find out more about these types of work authorization by contacting the Office of International Education (OIE) or by attending OIE presentations which explain the details of these types of work authorization. It is the student's responsibility to be knowledgeable about their eligibility for authorization and to provide information to the employer where necessary.

Work Authorization

For the most part, employers count on international students to apply for student work authorization to begin their employment with the company. At some point (usually within the first six months of the employment) the employer begins to process the necessary immigration paperwork to be able to continue to employ the international worker on an employment visa in anticipation of the expiration of the student's limited amount of work authorization. Employers are responsible and are in control of the application for an employment visa and students need to consult with them to find out how and when the employer will go about applying for the work visa.

Optional Practical Training for F1 Students

Most F1 students are eligible to be employed for 12 months in their field of study for "Optional Practical Training". These 12 months do not need to be continuous - for example, a student may work for three months at an internship after their junior year and for nine months after graduation. To apply for this type of training, a student does not need to have a specific position. Requirements for employment include:

• The job must be directly related to the student's field of study.
• The job may take place anywhere in the U.S.
• The job must be appropriate for the student's level of education.
• The student must have had student status for at least nine months prior to employment.

It is the student's responsibility to apply for employment authorization before starting to work. There are two main steps students need to go through to receive work authorization:

1. Recommendation from Foreign Student Advisor
2. Authorization from Immigration Services

A student's permission to begin Optional Practical Training is not finalized until they have received an "Employment Authorization Document" (EAD) from the INS. It can take from 30 to 90 days for the application to be processed through the INS, so students are encouraged to apply early. For Practical Training after completion of the degree, students must submit their application for authorization during the period between 120 days before and 60 days after the completion of the program of study.

Academic Training for J1 Students

Many employers hesitate to hire J1 students, as they believe, either correctly or incorrectly, that they will not be able to hire the students permanently after their student work authorization has expired. This is because some J1 students are subject to a "two-year home residency requirement." Students who are subject to the requirement cannot switch to most types of work visas without first returning to their home country for two years. J1 students who are not subject to the two-year rule or who receive a waiver of that requirement would be eligible to switch to more permanent work visas, but this fact is sometimes unknown to the employer. J1 students are encouraged to find out for sure (by consulting with the foreign student advisor) whether they are or are not subject to the requirement, so that they can advise employers correctly about the their eligibility for permanent employment.

J1 academic training can last up to 18 months, or 36 months for "post-doctoral training" for Ph.D. candidates. Students must have a specific job offer to apply for Academic Training. Requirements for J1 Academic Training include:

• Student is in the U.S. primarily to study.
• Student is in good academic standing.
• Employment is directly related to student's field of study.
• Student must maintain permission to remain in the U.S. in J1 student status.
• Student must receive written approval in advance.
• Employment after completion of studies must involve paid employment.

It is the student's responsibility to apply for employment authorization before starting to work. There are three main steps students need to go through to receive work authorization:

1. Obtain letter of offer from prospective employer. The letter must include:
• Job title
• Description of "goals and objectives" of the "training program" (the employment)
• Dates and location of employment
• Number of hours per week
• Name and address of supervisor
2. Give employer letter to academic advisor or dean for them to write a recommendation. The recommendation must include:
• Goals and objectives of specific training program
• Description of training program (dates and location, supervisor name and address, number of hours per week)
• How the training relates to the student's major field of study
• Why the training is an integral or critical part of the academic program of the student
3. Give academic recommendation to J1 Responsible Officer to evaluate the proposed training program and write a letter of approval.

For Academic Training after completion of the degree, the deadline for students to submit their application for authorization is 30 days after the completion of the program of study or by the end date on their IAP-66 form, whichever is sooner.

Employer Legal Obligations

International students who have applied for and were granted authorization to accept employment under practical or academic training will have documentation of current eligibility to present to a prospective employer as described above. To obtain assistance in verifying the employment eligibility of a Carnegie Mellon international student, please contact the Office of International Education at (412) 268-3520.

The Immigration Reform and Control Act (IRCA) of 1986 did not change the rights and privileges of non-immigrant students wishing to accept jobs in this country. For employers, the new law prescribed specific procedures to be followed in verifying the employment eligibility of any individual they wish to hire.

All employees, including international students, must complete the I-9 "Employment Eligibility Verification" form. This is simply a record that the employer has verified the identity and legal employment eligibility of every person hired.

Changing Visa Status to Enable Longer-Term Employment

If an employer should want to retain an F1 or J1 student beyond the practical or academic training period, it may be possible to secure an H-1B (Temporary Worker) visa. Application for the H-1B visa is made by the employer through the Department of Labor and Immigration and Naturalization Service (INS). Although services of an attorney are not required, these applications should be prepared with careful attention to the instructions provided concerning documents to be submitted with the completed forms. The entire process can from a few months to more than six months. An H-1B visa may be continued for up to six years. It is intended for "professional" employment. There is no requirement that American citizens be recruited or preferred for H-1B positions.

Another option for longer-term employment is the L visa. This is for foreign nationals who have been employed abroad for a minimum of one year by a U.S. firm or corporation, or the affiliate or subsidiary of a U.S. company. These employees may transfer to the U.S. to continue their employment on L visas. The employer applies with the U.S. INS for the L visa, which permits foreign nationals to continue employment for up to three years.

All of these options focus on non-immigrant visas. Employers often favor these types of visas because they represent a much smaller time and resource commitment to obtain than immigrant visas. Employees who intend to return to their home countries after having established themselves professionally over a few years do not need to pursue immigrant visa status. For information about obtaining "green cards" or immigrant visa/permanent resident status for employees, please contact the United States Immigration and Naturalization Services.