Employing International Students - FAQ's

FAQs

Isn't it illegal to hire international students because they don't have a green card?

No. Federal regulations permit the employment of international students in F-1 status within certain limits. Students in F-1 status are allowed to work in jobs related to their field of study under the Practical Training regulations for CPT (Curricular Practical Training) or OPT (Optional Practical Training).

Even if it isn't illegal to hire international students, doesn't it involve a lot of paperwork and government application fees?

No. The only cost to the employer hiring international students is the time and effort to interview and select the best candidate for the job. The International Student Office and the student handle most of the paperwork. The only exception is in the case of the STEM Extension.

How long can an international student work for my company?

If the authorization is for CPT - Curricular Practical Training - the school determines within its internal policies how long a student can work for one employer. The authorized period is shown on the student’s I-20, Certificate of Eligibility for F-1 status.

If the employment is during OPT - Optional Practical Training - the student is able to work only until the expiration date on their EAD - Employment Authorization Document - whether during their basic 12 month OPT period or the STEM Extension. Employment beyond this date will require employer sponsorship for a work visa.

What if my company doesn't actually have internship positions? Can I still offer employment to an international student?

Generally yes. However, the nature of permitted employment under CPT is the prerogative of institutional policies.

Don't international students need work authorization before I can offer them a job?

No. International students must have work authorization before they "begin" actual employment, but not before they are offered employment. In fact, a student must have been offered a job in order to receive CPT authorization. For employment during OPT, the student may or may not already have their employment authorization, but regardless, should be able to provide the employer a reasonable date as to when they are able to begin work.

Doesn't an employer have to prove that international students are not taking jobs from a qualified American?

No. American employers are not required to document that a citizen of another country did not take a job from a qualified American if that person is working under an F-1 visa. Employers should seek the advice of a qualified immigration attorney when considering sponsoring a student for any type of work visa.