Hiring International Students
Hiring an International Student
As of March 1, 2003, the functions of the Immigration and Naturalization Service (INS) were officially transferred to the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS).
In many cases, an international student may continue to be employed after the conclusion of the Optional Practical Training or the Academic Training period provided that a change to another visa type is approved by U.S. Citizenship and Immigration Services. The most common of these is an H-1B visa. The IU Immigration Bridge Program can help employers with the full-time international hiring process.
|Frequently Asked Questions|
|Q: Do 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, contact the IU Office of International Services at (812) 855-9086, fax (812) 855-4418, or firstname.lastname@example.org.