What Employers Should Know

Many employers are concerned about liability related to the employment of international students in the United States due to changes in federal laws governing non-citizens, particularly the Immigration Reform and Control Act of 1986 (IRCA) and the Immigration Act of 1990 (IMMACT90). This document addresses concerns employers might have about international students and work.

Getting permission for international students (college level and new graduates) to work in the U.S. is not as difficult as many employers think. Most international students are in the U.S. on non-immigrant student visas (F-), and these students are eligible to accept employment under certain conditions.

Practical Training for International Students

Practical training is a legal means by which international students can obtain employment/experience in areas related to their academic field of study. Practical training is governed by the U.S. Citizenship and Immigration Services (USCIS). Students must have completed at least one academic year (approximately nine months) in F-1 status and must maintain their F-1 status to be eligible for practical training. There are two types of practical training:

- Curricular Practical Training (CPT)

- Optional Practical Training (OPT)

Curricular Practical Training (CPT) may be authorized by Whittier College (NOT by USCIS) for F-1 students participating in academically-related employment such as internship programs. Students must make the necessary arrangements with Whittier College faculty and staff in order to be authorized for CPT prior to participation in an internship. Authorization is documented on the Student's I-20 form and will include the name of the company, beginning and ending date, and signature of the Whittier College International Student Advisor.

Optional Practical Training (OPT) must be authorized by the U.S. Citizenship and Immigration Services (USCIS) based on a recommendation from the International Student Advisor at Whittier College - the institution that issued the student's I-20 form, a government document which verifies the student's admission to the college. OPT is full-time employment after completion of the course of study (graduation). Students who have received OPT permission will be issued an Employment Authorization Document (EAD) by the USCIS. Their name, photo and valid dates of employment are printed on the EAD. Employers should note that the average processing time for USCIS to issue the EAD is two to four months, and students may begin employment only after they receive the EAD which will indicate the starting and ending dates of employment.

Frequently Asked Questions

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

No. Federal regulations permit the employment of international students on F-1 visas within certain limits. These visas allow students to work in jobs related to their major field of study. F-1 students can work with practical training authorization.

Even if it's legal to hire international students, won't it cost a lot of money and involve a lot of paperwork?

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 college/university handles the paperwork involved in securing the work authorization for CPT and the student carries most of the responsibility for securing authorization for OPT.

How long can international students work in the United States with their student visa?

F-1 students are eligible for CPT before completing their studies, as well as an additional 12 months of OPT, following graduation, or a combination of the two.

Don't international students need work authorization before I can hire them?

No. International students must have the work authorization before they begin actual employment, but not before they are offered employment. In the case of students seeking jobs for OPT, many will be in the process of obtaining work authorization while they are interviewing for employment. Students can give employers a reasonable estimate of when they expect to receive the specific type of work authorization.

What does the work authorization look like?

For CPT, F-1 students receive authorization from the college (NOT from USCIS) on the back of the student's I-20 form. For OPT, students receive from USCIS an Employment Authorization Document (EAD), a small photo identity card that indicates the dates for which they are permitted to 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 a student or new graduate working under an CPT or OPT.

Can I hire international students as volunteer (unpaid) interns?

At Whittier College all international students who choose to participate in an internship may do so. This applies to paid positions as well as unpaid positions as long as the student receives authorization for Curricular Practical Training. The internship MUST be related to the education and skills of a student pursuing a college/university degree and the student MUST enroll in an internship/fieldwork or independent study course under faculty supervision for academic credit. Employers should check the appropriate Federal and State labor laws to determine if the company is allowed by law to offer unpaid internships.

What about taxes?

Unless exempted by a tax treaty, F-1 students earning income under practical training are subject to applicable, federal, state, and local income taxes. Information on tax treaties may be found in Internal Revenue Services Publication 519, U.S. Tax Guide for Aliens, and 901, U.S. Tax Treaties.

Generally, F-1 students are exempted from social security and Medicare tax requirements. However, if F-1 students are considered "resident aliens" for income tax purpose, social security and Medicare taxes should be withheld. Chapter 1 of Internal Revenue Services Publication 519, U.S. Tax Guide for Aliens explains how to determine the residency status of international students. More information on social security and Medicare taxes can be found in Chapter 8 of Internal Revenue Services Publication 519, U.S. Tax Guide for Aliens and in Section 940 of Social Security Administration Publication No. 65-008, Social Security Handbook.

What if I want to continue to employ international students after their OPT work authorization expires?

Permission to continue employment after OPT is extremely difficult to obtain since the government is making fewer and fewer H1-B visas available at the beginning of each Federal fiscal year (October). Since opportunities are very limited, it takes very careful timing and planning for an employer to retain international students to work for them in the H-1B visa category after completing OPT. The H-1B is a temporary work visa for individuals in a "specialty occupation." An H-1B visa is valid for a total of six years (authorization is granted in two three-year periods). 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.

Questions? Contact Whittier College:

Sally Cardenas, Director - Office of Internships & Community-Based Learning
Phone: (562) 464-4530;
Email: scardenas@whittier.edu
Darryl Foy, International Student Advisor – Office of Admission & Enrollment
Phone: (562) 907-4238;
Email: dfoy@whittier.edu