Hiring International Students
|Hiring an International Student|
|As of March 1, 2003, the Immigration and Naturalization Service (INS) was dissolved and its functions were officially transferred to the Department of Homeland Security and the USCIS. |
|Frequently Asked Questions|
|Q: Don't international students need work authorization before I can hire them?|
No. International students must have work authorization before they can begin actual employment, but not before they are offered employment. J-1 students must have a written job offer in order to apply for work authorization. Many F-1 students will be in the process of obtaining work authorizations while they are interviewing for employment. Students can give employers a reasonable estimate of when they expect to receive work authorization.
Q: What if I want to continue to employ students after their practical training authorization expires?
With a bit of planning, an employer can hire international students (F-1 visa holders) to continue to work for them in the H-1B visa category for a maximum of 6 years. The H-1B is a temporary working visa for workers in a "specialty occupation." The application procedure to the USCIS is straightforward. The job must meet two basic requirements: 1) the salary must meet the prevailing wage as defined by the Department of Labor, and 2) a bachelor's degree is a minimum normal requirement for the position.
Q: Doesn't an employer have to prove that international students are not taking jobs from a qualified candidate with permanent work authorization?
No. Employers are not required to document that a citizen of another country did not take a job from a qualified candidate with permanent work authorization if that person is working under F-1, J-1, or H-1B visas. Employers must document that they did not turn down a qualified applicant for the position only when they wish to hire foreign citizens on a permanent basis and sponsor them for a permanent resident status.
For more information, you may contact the Indiana University Office of International Services at (812) 855-9086, fax (812) 855-4418 or email email@example.com.