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Students in F-1 Status
Hiring a student with an F-1 Student Visa is possible and an option to meet your company's employment needs. The following is a brief outline of the process but is not meant to be a substitute for legal counsel. For more precise information, you should contact an immigration attorney.
Practical Training
Curricular Practical Training. F-1 students may be eligible to engage in temporary employment for practical training in their field of study. The training must be an integral part of an established curriculum, defined as alternate work/study, internship, cooperative education, or required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school. Students may engage in curricular practical training only after they have received Form I-20ID endorsed by the Designated School Official (DSO) at their college/university to show eligibility, and only for the specific employer, location and period indicated on the form. To be eligible for curricular practical training students must have been in lawful student status for nine consecutive months unless the F-1 students are engaged in a graduate study program that requires that they begin an internship earlier.Curricular practical training can only be utilized prior to completion of program.
Optional Practical Training Optional practical training (OPT) falls into four categories: (1) during the student's annual vacation and other times when school is not in session if the student is currently enrolled and eligible, and intends to register for the next term or session; (2) while school is in session, provided the optional training program does not exceed 20 hours a week; (3) full-time after completion of all course requirements for the degree if the student is in a master's or doctoral degree program and has yet to submit the thesis or dissertation; and (4) full-time after completion of the course of study. An F-1 student may be authorized to engage in a total of 12 months optional practical training that can be utilized either before and/or after completion of program. The student obtains a recommendation for optional practical training from the DSO, then applies to Immigration and Naturalization Service (INS) for approval. If approved, INS issues an Employment Authorization Document (EAD) as evidence. Employment can not begin until the EAD is issued by the INS.
Students in J-1 Immigration Status
General Employment Students in J-1 status must have written authorization by the Responsible Officer of the Exchange Visitor Program at the college or university they attend. The employment qualifies for approval if it meets any of the following criteria:
- is pursuant to the terms of a scholarship, fellowship, or assistantship;
- occurs on the premises of the school the student is authorized to attend;
- occurs off-campus when necessary because of serious, urgent, and unforeseen economic circumstances which have arisen since acquiring exchange visitor status.
The student may accept and continue employment if all of the following conditions are met:
- the student is in good academic standing at the school;
- the student continues to engage in a full course of study, except for official breaks and the student's annual vacation;
- employment totals no more than 20 hours per week, except during official breaks and the student's annual vacation, when it may be full-time;
- and the responsible officer has approved the specific employment in advance and in writing. The student's employment authorization is automatically withdrawn if the student's program is terminated.
Academic Training Academic training is permitted while the student is enrolled in school and/or after completion of the program, if all of the following criteria are met:
- the student is primarily in the United States to study rather than engage in academic training;
- the student is participating in academic training that is directly related to his or her major field of study at the institution listed on her or his Form IAP-66;
- the student is in good academic standing with the educational institution;
- and the student receives written approval in advance from the responsible officer for the duration of the academic training.
Students in degree programs are permitted an overall limit of 18 months, whether before or after completion of studies. For postdoctoral training after completion of an U.S. degree, the overall limit is 36 months. Part-time is counted as full-time. The student's academic training authorization is automatically withdrawn if the student's program is terminated.