What Employers Should Know About Hiring International Students
Advantages to Hiring International Students
from Cornell University College of Engineering Coop/Career Services website
International students…
Types of Visas
F-1 Most students traveling to the U.S. to pursue academic study have an F-1 visa. The student and the university are responsible for all paperwork.
J-1 A smaller number of students traveling to the U.S. to pursue academic study have a J-1 visa. The student and the university are responsible for all paperwork.
TN Visas for Canadian and Mexican citizens to work as NAFTA Professionals in the U.S. as part of the North American Free Trade Agreement. Profession must be listed on the NAFTA List and visa holder must have the qualifications of the position.
H1-B Non-immigrant visa issued to bachelor or higher degree holders or the equivalent who travel to the U.S. to work in a professional position related to their field of study. This is an employer-sponsored visa with U.S. work authorization for up to 6 years. H-1B is only one of many visas available.
Work Authorization
F-1 CPT Curricular Practical Training: F-1 work authorization designed to provide employment opportunities for students while they are still enrolled in their degree programs, where the practical training is integral to their curriculum, and Cornell credit or academic recognition is earned. Co-op work or internships for which a student earns credit or academic recognition applies toward CPT. A written offer is required of the employee.
F-1 OPT Optional Practical Training: Work authorization designed to provide U.S. employment opportunities for students with F-1 visas. May be used for internships or upon completion of study to begin full-time work for at least the first 12 months, with a possible extension of 17 additional months for students with engineering degrees. No paper-work is required by the employer.
J-1 Academic Training: Work authorization designed to provide U.S. employment opportunities for students with J-1 visas. May be used for internships, Co-ops, or upon completion of study to begin full-time work as long as the total duration of time worked does not exceed 18 months. A written offer is required of the employer.
FAQs
Do international students need a Green Card to work in the United States?
No. Students who maintain an F-1 or J-1 visa status are permitted by federal regulation to work in their major field of study, for up to 12 (or even possibly 29) months for F-1 status and up to 18 months for J-1 status. Paperwork for F-1and J-1 work authorization is handled by the student’s respective educational institution.
Are international students eligible for Co-op and internship positions in the United States?
Yes. F-1 visa holders are eligible for Co-op under CPT. F-1 visa holders typically use OPT for internships, but may be able to use CPT with faculty approval for an independent study. J-1 visa holders are eligible for Co-op & internships under academic training. A written offer is required of the employer; all other paperwork is handled by the student’s Educational Office of International Students
Can F-1 and J-1 visa holders begin working full-time in the United States after graduation?
Yes. F-1 students who have not used all 12 months of OPT eligibility (or even up to 29 months if student is graduating with an engineering degree), and J-1 students who have not used all 18 months of academic training eligibility prior to graduation may work in their field of study for the balance of their eligibility. This employment is considered to be part of the program of study.
Are international students eligible to work in the U.S. after their F-1 or J-1 visa expires?
Yes. An H1-B visa allows non-immigrant employees, if eligible, to continue working in the U.S. for up to 6 years.
What is required to obtain an H1-B visa?
An application for the H-1B or temporary skilled worker visa status is made by the employer to the U.S. Citizenship and Immigration Service (USCIS). The H-1B visa may be extended for a period of up to six years. Although there are certain application forms that need to be filed with the state and federal labor departments for the H-1B, the employer does NOT have to prove that there are no U.S. workers available. Instead, the employer only has to demonstrate that the international is qualified for the job and will be paid the “prevailing wage” for that job. The application process can take anywhere from 5 weeks to 6 months depending on the area of the U.S. and the specific position.
SOME HELPFUL LINKS:
Articles & Resources on Global Diversity
http://www.shrm.org/hrdisciplines/Diversity/Pages/global.aspx
Managing Your Employees Across Borders
http://www.efprotenberg.com/services-tax-expatriate/companies
Payroll tax savings comparison
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