FLORIDA GULF COAST UNIVERSITY
HIRING INTERNATIONAL STUDENTS
EMPLOYER GUIDE
The purpose of this guide is to inform U.S. employers about F-1 and J-1 international student work authorization options. It includes a discussion on the new Optional Practical Training (OPT) STEM extension for Science, Technology, Engineering, and Mathematics (STEM) students. Employers need to understand the U.S. immigration process when having discussions with prospective employees about co-op,
internships, and post-graduation employment. This guide is not intended to and does not serve as legal advice; it is for informational purposes only. FGCU Global Engagement serves international students directly and does not give immigration advice or respond to questions from employers. Content is subject to change. Employers are advised to consult an experienced U.S. immigration attorney with any additional questions.
“As a non-traditional international student from Ecuador, I embarked on my Educational Leadership Master’s program at FGCU in 2019 with my 2-yearold daughter, seeking a fresh start and a better future. One of my goals was to gain hands-on experience in higher education, my area of specialization. However, I was unsure if this was possible due to paperwork requirements. Thanks to the support of the Office of Global Engagement at FGCU, I secured a graduate internship, and they provided all the necessary documentation for my employer. My first internship not only provided me with valuable experience but also led to a second internship and eventually a fulltime position as a coordinator at the university. The mentorship of my internship supervisors, the support and guidance of the Office of Global Engagement, and the trust of my employer were instrumental in my professional growth. My journey as an international student at FGCU has been transformative, and I am grateful for the opportunities that have helped me build a successful career in higher education.
Maria Sotomayor
M.A. Educational Leadership
M.S.
Business Administration
F-1
Hiring
FGCU Global Engagement Office (GEO)
The mission of FGCU Global Engagement is to promote Global learning in three complementary domains: First, we provide resources to internationalize the FGCU curricula and direct students with an interest in international education toward study abroad, exchange programs, and international internships that best suit their interests and goals. Second, GEO serves as the University’s compliance unit for federal regulations relating to international students and scholars. We work to assist, inform, and empower international students and scholars in their transitions to life in the US and the FGCU campus. Finally, GEO cultivates a climate of curiosity about the world and an embrace of diversity through co-curricular programs and recreational activities that bring the world to the FGCU campus for
Introduction
the benefit of our students, faculty, staff, and neighbors in the communities that surround FGCU. GEO provides quality and confidential advice/services to international students and scholars engaged in educational/employment activities at FGCU, and helps integrate them into all aspects of campus and community life. FGCU GEO seeks to empower students with the knowledge they need to navigate their visa status, including seeking and obtaining legal authorization to work. It is the student’s responsibility to seek information on this authorization. This page is intended for non-FGCU employers only. If you are an FGCU administrator seeking information on hiring an international student, please refer to our Global Engagement Office webpage.
Hiring a Florida Gulf Coast University international student is an excellent way to bring some of the world’s best talent to your organization. The many benefits of hiring international students include:
} Broadening the diversity of ideas and perspectives } Increasing understanding and knowledge of of your teams through enhanced cultural markets in STEM OPT students’ home countries understanding in a global market; and utilizing networks of such employees for the
} Enhancing your economic, scientific, and benefit of your organization. technological competitiveness through increased diversity in research, innovation, and knowledge;
As the office that works with international students at the Florida Gulf Coast University (Global Engagement Office, or GEO) we wanted to share with you some important information regarding the employment authorization options available to our international students. Please see below for information that may be helpful to you as an employer.
What is the F-1/J-1 status?
International Students are required to obtain a student visa to pursue their degree or exchange program in the United States. Like most Universities, the Florida Gulf Coast University currently sponsors two types of Non-Immigrant student statuses:
F-1 Student Status - Non-Immigrant students working towards a specific degree (e.g. BA, MA, Ph.D., MD) and some exchange programs. Documents for these students include form I-20, F-1 visa, I-94 card or Electronic I-94 record, and Admission Stamp.
J-1 Student Status - Non-Immigrant status used for international exchange. Documents for these students include form DS-2019, J-1 visa, I-94 electronic record, and/or admission stamp.
What is work authorization?
A common misconception about international students is that they are not allowed to work—that is simply not true! A benefit of the F-1 and J-1 status is that most students may apply for work authorization to accept a variety of employment opportunities. Best of all, it is possible for students to begin working without their employers having to provide visa sponsorship. However, some work authorization types do require an application to the government or the student’s international office at their school. Below, we have provided a brief overview of the types of work authorization available to F-1 students.
Practical Training for F-1 Students
F-1 Curricular Practical Training (CPT): Internship
CPT is a type of F-1 work authorization that allows students to work off-campus in cases where the employment will fulfill 1) a requirement of the student’s degree program, 2) the requirement of a student’s FGCU course, or 3) is part of an established co-operative educational agreement between the FGCU department and the employer.
CPT eligibility requirements are quite strict and cannot be adjusted based on a student’s particular circumstances. However, most FGCU degree programs provide some kind of CPT option.
Not all F-1 students are eligible for CPT but those that are will receive an I-20 endorsed for work at the employer with the exact dates of the work authorization indicated on page two of the I-20 form. The employer must see the endorsement on the second page of the I-20 form to verify employment eligibility and duration.
Approval
Other Characteristics of CPT:
} No employer sponsorship is needed, but the application does require the employer to provide a CPT letter of employment/ internship offer.
} Students must be enrolled full-time for one academic year before they can apply.
} CPT can only be used before a student completes their degree/graduation.
} Application is initiated by the student, is processed by the GEO, and takes approximately 1 week to approve.
} Allows part-time and full-time work.
} Students must have a job offer before they can apply.
When students apply for CPT, they will be required to submit a CPT employer letter. This letter is crucial to authorizing CPT to make sure all required information is included and prevent CPT processing delays.
Once all documents are received, it will take approximately 1 week for GEO to authorize the student’s CPT. CPT Approval comes in the form of a new form I-20 which will detail the employment authorization on page 2. The form I-20 may be copied for Human Resources purposes; however, the student is required to carry the original.
IMPORTANT: Students are NOT permitted to begin their off-campus employment until their work authorization has been approved and the start date has been reached. Working even one day without proper work authorization can have severe consequences on the student's immigration status and the company.
Hiring an F-1 International Student for an Internship
Curricular Practical Training (CPT) is a work authorization that allows F-1 students to accept practical training in their academic field after one year of full-time study. Internship programs are some of the most common types of CPT opportunities for international students. Students can choose to work full or part-time during their internships, depending on the institution’s CPT policy. In some cases, graduate students who are required by their academic program to participate in an internship in the first year do not have to complete one full academic year before they are eligible.
Duration: There is no limit, but 12 months of full-time CPT eliminates eligibility for OPT. Part-time CPT employment does not affect eligibility for OPT. Note: Graduate students can accept CPT on Day 1 of their full-time study if required by their program.
Full Time
Hiring an F-1 International Graduate for a Full-Time Internship or Employment — Initial 12-month OPT
Post-completion Optional Practical Training (OPT) is a work authorization that allows F-1 status students who have graduated to gain practical work experience related to their major field of study.
Duration: 12 months for F-1 students (Please note, any approved pre-completion OPT will be deducted from the 12-month OPT period.)
Employer Role: Applying for OPT is solely the responsibility of the student and therefore requires no action on the part of the hiring organization. OPT can be granted to the student with or without an offer of employment.
Student Role: Obtaining OPT work authorization is a two-step process. First, the F-1 student submits a request for an OPT recommendation which is processed and approved by an international advisor at the student’s international services office. Second, the F-1 student mails in her/his completed OPT application, supporting documentation, and required fee to the USCIS to secure OPT work authorization. Once approved, the USCIS issues an Employment Authorization Document (EAD) card as proof of work authorization for the 12 months. The fee is $410, which is paid by the student. (Fee effective as of 12/2/19)
Employer Role: Applying for CPT is solely the responsibility of the student and therefore requires no action on the part of the hiring organization. (The employer usually needs to issue a letter to confirm the internship offer.)
Student Role: After the student has been offered an internship, he or she submits an online application to the sponsoring school providing the internship start and end dates as well as the organization’s name and complete physical address. The student also needs to provide the job title and a detailed job description. This process is facilitated by the student’s FGCU GEO. Per U.S. immigration regulations, students who engage in parttime or full-time CPT must still be full-time students during the academic year. They do not need to be enrolled fulltime during official vacation periods (such as summer).
Cost and Processing Time: There is no cost to the employer. The processing and approval time for CPT is usually within 5-10 working days.
Cost and Processing Time: There is no cost to the employer. The USCIS processing time for OPT takes an average of 60 days but can take up to 3-4 months during peak OPT processing season (starting in February each year); therefore, students are encouraged to apply as early as 90 days before graduation. The new employee must have the EAD card in hand to start work.
Hiring an F-1 STEM Graduate for Practical Training—24Month STEM OPT
An additional 24 months of OPT work authorization (for a total of 36 months) allows F-1 student status holders who have graduated with an approved degree in Science, Technology, Engineering, or Math (STEM) to gain extra practical work experience related to their STEM field.
Duration: 24 months for F-1 graduates
Employer Role:
} Be enrolled and in good standing with E-Verify.
} Prepare and implement a formal training program to support the student’s academic learning through practical experience. The training program is signed by both the employer and student, and submitted to the FGCU GEO for approval. A report of the student’s progress is submitted to the student’s international student services office mid-way and at the end of the 24-month program.
} Report termination of employment to the student’s international student services office within 5 business days.
} Be prepared for a government agent worksite visit to verify STEM OPT program requirements are being met.
} Provide an employment opportunity similar to U.S. workers in duties, hours, and compensation. Attest that:
} The company has enough resources and trained personnel available to appropriately train the student;
} The student will not replace a full- or part-time, temporary or permanent U.S. worker; and
} Help the student attain his or her training objectives.
Student Role: The student submits the completed I-983 training plan as part of their STEM OPT request to the FGCU GEO, which processes the STEM OPT recommendation for the student. The F-1 student mails her/his completed OPT application, supporting documentation, and required fee to
Long Term
Hiring and Retaining Long-Term Global Talent
H-1B status: Applications for H-1Bs are submitted to the USCIS by the sponsoring company on behalf of the international employee. Each fiscal year, forprofit companies are allowed only 65,000 H-1Bs for candidates who have completed undergraduate degrees, and an additional 20,000 are available for those who have completed graduate degrees in the U.S. Certain non-profit employers are not subject to the H-1B cap numbers.
Duration: H-1B status is initially granted for up to three years, but can be renewed for a total of six years.
Employer Role: The employer is responsible for filing the H-1B petition on behalf of the international employee. Many companies find that retaining an experienced immigration attorney helps facilitate the process.
Cost and Processing Time: Inclusive of attorney and USCIS application fees, the total cost to apply for an H-1B visa can be between $3,000-7,000.
Recommended Timeline: For the upcoming Fiscal Year 2021, employers wishing to file an H-1B petition must first submit registrations during a registration period from March 1 - 20. They must name and pay a $10 registration fee for each individual they wish to file for, and may only enter each employee once. USCIS will then conduct a lottery of all registrations received and will notify petitioners which beneficiaries have been selected.
USCIS. Once approved, USCIS issues an Employment Authorization Document (EAD) card as proof of work authorization for 24 months. The fee is $410, which is paid by the student.
Cost and Processing Time: There is no cost to the employer. The international student services office processes the student’s STEM OPT recommendation within a few working days. The USCIS processing time for STEM OPT takes an average of up to 3-4 months, with some cases taking 5-6 months. The STEM OPT Extension must be filed before the expiration of the initial OPT period. If students file their STEM OPT extension applications on time and their OPT period expires while their extension application is pending, their work authorization is automatically extended for 180 days. (USCIS does not have to do anything, the regulations allow for the automatic extension of the work authorization if the student timely files their STEM OPT application.)
The petitioner will then have 90 days beginning April 1 to file a complete H-1B petition on behalf of its selected beneficiaries. NOTE: For beneficiaries on OPT, the petitioner will need to file a complete H-1B petition with a change of status requesting an employment start date of October 1 before the OPT period ends for the OPT work authorization to be extended through September 30.*
Special Cases: Some non-profit research and non-profit educational institutions can secure H-1Bs not subject to the yearly quota of 85,000. Citizens of Chile and Singapore, through a treaty with the U.S., are provided with a special allocation of 6,800 visas; as a result, these citizens have an easier time securing U.S. work authorization. H-1B1 is given in one-year increments, eligible for renewal indefinitely.
*In April 2008, a new law was established to enable those with an approved H-1B application to remain employed during the transition period between the end of OPT and the start of H-1B. The new regulation eliminates any gaps in employment previously experienced in the transition from OPT to H-1B if the H-1B petition is timely filed while the student is still in their approved period of OPT employment, and the H-1B petition is filed with a change of status application effective October 1.
More Information
For employers wishing to hire a J-1 status holder, there is no fee involved or action to be taken. The J-1 student simply obtains authorization from his/her program sponsor to work for up to a total of 18 months. Ph.D. students can work for up to 36 months. It is the sole responsibility of the student to complete the application process with the program sponsor and approval is generally granted within 5-10 working days. The work must be directly related to the academic degree program, and be certified by the academic institution’s J-1 responsible officer.
TN-1 Status
Canadian or Mexican citizens who will be working in the areas listed on the TN- employment list. The current processing fee is $56 at the Border, or it’s $160 at the Embassy/Consulates. The status is valid for up to 3 years after which the employee must request an extension of stay through his/her employer.
L-1 Status
The L-1 is for intra-company transferees. Employees must work at an affiliated foreign office for a minimum of one year before being transferred to the U.S. The current processing fee is $460 plus a $500 anti-fraud fee. The status is valid for up to three years and may be extended for an additional two years, until the employee has reached the maximum limit of seven years for managers/ executives (L-1A), and five years for workers with specialized knowledge (L-1B).
O-1 Status
O-1 status: The O-1 status is a temporary work status available to those foreign nationals who have “extraordinary ability in the sciences, arts, education, business or athletics” that “have been demonstrated by sustained national or international acclaim.” USCIS interprets the statute very broadly to encompass most fields of creative endeavor. For example, chefs, carpenters, and lecturers can all obtain
O-1 visas. Some recent students may qualify for O-1 status based on their experience, education, and contributions to their field of expertise.
E Status
The E-1 and E-2 status for Treaty Traders and Treaty Investors allows temporary admission to Foreign Nationals of countries that have a commerce or investment treaty with the United States. The status allows Foreign Nationals to conduct substantial trade in the U.S. or to make investments by either purchasing a controlling interest in an existing U.S. business or establishing a new business venture. Major foreign companies that establish a presence in the United States generally qualify for E-2 status. This status provides an excellent vehicle for easily hiring international graduates who have the same nationality as the foreign base company. Also, unlike the L-1 status which requires at least a year prior employment with the foreign entity, E beneficiaries can be new hires (fee varies by country). For most countries, the status is valid for five years and may be extended indefinitely.
Possible Additional Fees
In some cases, there is a required visa issuance reciprocity fee, if applicable. Please consult the United States Department of State, Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is.
F-1 Optional Practice Training (OPT)
OPT is a type of F-1 off-campus work authorization for degree-seeking students who wish to gain experience in jobs directly related to their major area of study.
OPT must be authorized by the U.S. Citizenship and Immigration Services (USCIS) based on a recommendation from the designated school official (DSO) at the school that issued the I-20 to the student. Form I-20 is a government document that verifies the student’s admission to that institution. The student will receive an Employment Authorization Document (EAD) from the USCIS that establishes their ability to work. Students are eligible for 12 months of OPT for each higher degree level they obtain. Students who obtain a degree in Science, Technology, Engineering, and
Pre-Completion OPT
OPT can be done before the completion of the study. Students can request to work under the following circumstances:
1) part-time, a maximum of 20 hours per week, while school is in session
2) full-time during vacation when school is not in session
3) full-time/part-time after completing all course requirements for the degree
Post-Completion OPT
OPT can be authorized for full-time after completion of the course of study. Full-time work means at least 20 hours of employment per week.
} Application is initiated by the student, is authorized by the U.S. Citizenship and Immigration Services (USCIS), and takes 3-4 months to be approved. USCIS does not expedite applications.
Approval
Mathematics (STEM) may be eligible for an additional 24 months of OPT.
Other Characteristics of OPT:
} No employer sponsorship is needed.
} Students must be enrolled for one year before applying for OPT.
} OPT may be used before or after a student completes their degree.
} OPT acquired before degree completion is referred to as Pre-completion OPT.
} OPT acquired after degree completion is referred to as Post-completion OPT.
} Allows part-time and full-time work; students on Post-completion OPT are required to work at least 20 hours per week.
} Eligible students have a maximum of 12 months of OPT; students who have earned a degree in a STEM- designated field may be eligible for an additional 24 months under the OPT STEM Extension.
} A job offer is NOT required for the application.
} Students must work in a job that is directly related to their degree program.
Employers can choose to have little to no involvement with the OPT application process, however, students are required to report general employment information to the GEO and may request an Employment Verification Letter for travel purposes. STEM OPT carries additional employer requirements.
OPT approval comes in the form of an Employment Authorization Document (EAD). This card will state the specific start and end dates for OPT. Examples Below.
Cards issued before May 1, 2017:
Cards issued before May 1, 2017:
IMPORTANT: Students are NOT permitted to begin their employment until their work authorization has been approved. Working even one day without proper work authorization can have severe consequences on the student’s immigration status. **Students on OPT must wait until they’ve received their EAD before they can begin working and before they can apply for a Social Security Number. **
24-Month F-1 STEM OPT Extension
F-1 students who have earned a degree in a STEMdesignated field may be eligible to apply for an additional 24 months of OPT through the STEM Extension.
Other characteristics of the STEM OPT Extension:
} No employer sponsorship is needed; however, employers must be highly involved in training and are responsible for completing the I-983 Training Plan, and multiple follow-up progress reports.
} STEM OPT can only be used after a student completes their initial 12 months of “regular” OPT.
} Application is initiated by the student, is authorized by the U.S. Citizenship and Immigration Services (USCIS), and takes 3-4 months to be approved.
Employer Responsibilities
Although the program’s various reporting requirements predominately apply to students and sponsoring schools, there are instances where employers must assist in tracking STEM OPT students and their practical training progress. The employer’s responsibilities for a student’s STEM OPT include:
} E-Verify: The STEM OPT employer must be enrolled in the E-Verify program.
} Compensation: The STEM OPT student’s compensation must be commensurate with the pay of a U.S. citizen with the same credentials in a similar position.
} I-983 Training Plan: The student’s direct supervisor must review and sign off on the student’s I-983 training plan.
} Changes to I-983 Training Plan: The direct supervisor must review and sign off on a new I-983 training plan if there are any material changes to the student’s job (e.g. supervisor name, compensation).
} Student Self-Evaluations: The student is required to complete two self-evaluations to monitor progress and report on educational goals - one at the mid-point of employment and one at the end. The student’s direct supervisor must review and sign off on these self-evaluations, as needed.
} Loss or Termination of Employment: The
The application must be received by USCIS before the regular OPT expiration date. Students must list the employer’s E-verify number on the STEM OPT application.
} Students may apply for the STEM OPT extension no sooner than 90 days before the current EAD expiration date.
} Students must work at least 20 hours per week in a position that directly relates to their STEM degree.
} Students must be compensated for their work. Volunteer work is not permitted under the OPT STEM extension.
} Students must have a job offer from an E-Verify employer.
employer must notify GEO when the student’s employment is terminated for any reason before the end of the authorized OPT extension period. This report must occur within five business days of the end of employment and can be sent via email to intsvcs@fgcu.edu.
} DHS Site Visits: STEM OPT regulations authorize the Dept. of Homeland Security (DHS) to visit employers who have hired STEM OPT students to confirm that the student is adhering to the training plan on record. In most cases, DHS will provide notice to the employer at least 48 hours in advance of any site visit. For more information please refer to the Study in The States webpage.
} Student Responsibility: Employers are expected to review and sign off on training plans and evaluations promptly, but it is the student’s responsibility to keep such documentation up to date and request a review of the I-983 if needed.
To find more information about the employer responsibilities listed above, please visit the Study in the States website of the Dept. of Homeland Security
Approval
STEM OPT approval comes in the form of a new Employment Authorization Document (EAD). Examples on page 11.
Employer Qualification
In addition to the student completing a program of study in a qualifying field, the employer must be enrolled in E-Verify for a student to qualify for the STEM OPT extension. E-Verify is an electronic program through which employers verify the employment eligibility of their employees after hire. The program was authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The employer must remain a participant in good standing with E-Verify for the duration of the OPT employment. The employer must also provide the company’s E-Verify number to the student. The number is required when completing the I-765 application for the STEM OPT extension. More information about the E-Verify program can be found here: uscis.gov/e-verify/ what-e-verify
Employment Authorization Document (EAD)
Students who have received OPT work authorization will be issued an 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 or three months, and students may begin employment only after they receive the EAD which will indicate the starting and ending dates of employment. Students who have pending STEM extension applications can continue working for up to 180 days while the application is pending.
Cards issued before May 1, 2017:
Cards issued after May 1, 2017:
Employer Reporting
For a student to apply for the STEM OPT extension, the employer must sign an I-983 Training Plan for STEM OPT Students. The I-983 includes a certification of adherence to the training plan and must completed by someone with signatory authority for the employer.
The training plan must do the following:
} Identify goals for the STEM practical training opportunity, including specific knowledge, skills, or techniques that will be imparted to the student, and explain how those goals will be achieved through the work-based learning opportunity with the employer.
} Define methods of oversight and supervision.
} Explain how the training is directly related to the student’s qualifying STEM degree. Describe a performance evaluation process.
As part of completing the Form I-983 Training Plan for STEM OPT Students, an employer must attest to the following:
} It has sufficient resources and trained personnel available to provide appropriate training in connection with the specified opportunity
} The student will not replace a full- or part-time, temporary or permanent U.S. worker
} The opportunity will help the student attain his or her training objectives. The student must present his or her signed and completed Form I-983 to a DSO at the educational institution of his or her most recent enrollment as part of the OPT application process.
If there are material modifications to or deviations from the Training Plan during the STEM OPT extension period, the student and employer must sign a modified Training. Plan reflecting the material changes, and the student must file this modified Training Plan with the DSO at the earliest available opportunity.
Material changes relating to training for the STEM OPT extension include, but are not limited to, the following:
} Change of Employer Identification Number (EIN) resulting from a corporate restructuring
} Reduction in compensation from the amount previously submitted on the Training Plan that is not the result of a reduction in hours worked
} Significant decrease in the hours per week that a student will engage in the STEM training opportunity, including a decrease below the 20-hour minimum employment level per week that would violate the requirements of the STEM OPT extension.
More information about the I-983 can be found here: be made within five business days of the termination. ice.gov/sites/default/files/documents/ Employers must report this information to the FGCU Document/2016/I-983.pdf Designated School Official (DSO). The contact information for the DSO is on the student’s Form I-20, Certificate of In addition, the employer must report the termination or Eligibility for Nonimmigrant (F-1) Student Status (“Form departure of an OPT student to the DSO at the student’s I-20 Certificate of Eligibility”), and the student’s Form school, if the termination or departure is before the end I-983, Training Plan for STEM OPT Students. of the authorized period of OPT. Such reporting must
H-1B OPT CAP-GAP Extension
The “H-1B Cap-Gap Extension” refers to the period between the end of a student’s F-1 status (end of OPT or grace period) and the beginning of the student’s H-1B status (October 1). The OPT Cap Gap extension only applies to students submitting a Change of Status petition (not consular processing) for cap-subject employers. Suppose a student has an H-1B application pending with or approved by USCIS before the end of their OPT authorization. In that case, the CapGap extension rule automatically extends an eligible F-1 student’s OPT authorization during this “gap” period until the H-1B status becomes active (October 1).
F-1 students who are the beneficiaries of pending or approved H-1B petitions, but whose period of authorized F-1 stay expires before the H-1B employment start date, can extend their status AND work authorization. This rule applies to all students on OPT, not just STEM students. The extension of the duration of status and work authorization automatically terminates upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf. OPT can be extended between 4/1 and through 09/30 of a given year if the student is the beneficiary of a timely-filed H-1B petition requesting a change of status and an employment start date of October 1 of the following H-1B fiscal year. The Cap-Gap OPT is an automatic extension of the duration of status and employment authorization to bridge the gap between the OPT end date and the start of H-1B status. The automatic extension of OPT is terminated upon the rejection, denial, or revocation of the H-1B petition. The student must obtain a Cap-Gap I-20 authorizing employment from a DSO at the institution they graduated from.
Eligibility Approval
This extension is available to F-1 students whose OPT was Once all documents are received, it will take approximately approved or who: 1 week for GEO to authorize the student’s AT. AT approval comes in the form of a new DS-2019 which will detail the
} Have an OPT end date on or after April 1 employment authorization on the first page. The form [current year] and DS-2019 may be copied for Human Resources purposes
} Have a pending or approved Change of Status however, the student is required to carry the original. H-1B petition (I-539) with USCIS.
} The H-1B petition was filed promptly with USCIS, according to the acceptance period, and
IMPORTANT: Students
are
NOT
permitted
} The employer is subject to the H-1B cap (is not to begin their off-campus employment exempt from the cap) until their work authorization has been
In most cases, USCIS automatically adds the cap-gap approved and the start date has been extension to student’s records who are eligible. If a student reached. Working even one day without believes the cap-gap extension should be added to their proper work authorization can have record but it was not, they should contact their Global severe consequences on the student's Engagement Office advisor/DSO for more information. immigration status and the company.
Employer Responsibilities
When students apply for off-campus employment or While on OPT, there are limits on how long international internships, they will be required to submit a “job offer students can remain in the U.S. while unemployed. For students on 12-month OPT, the maximum amount of letter” or other evidence of such an offer.
time they can remain unemployed is 90 days. Students who qualify for and receive the 24-month OPT extension can be unemployed for an aggregate of 150 days. This particular part of the rule puts the responsibility on students to keep FGCU GEO up to date with the name and address of their OPT employer. Unless FGCU GEO
Other Types of Work Visas
Please note the information below is not intended to serve as legal advice; it is for informational purposes only. Content is subject to change. Employers are advised to consult with an experienced immigration attorney or area hiring professional with any additional questions.
Federal regulations require that a student end their employment once their practical or academic training has expired. However, in some cases, students with F-1 or J-1 status may be eligible to apply for a change of status to a work visa, such as the H-1B or TN visa. H-1B visas are granted to foreign nationals who will work in “specialty occupations”. A specialty occupation requires the theoretical and practical application of a body of
has the SEVIS, system updated with the name and address of students’ employers, they will be accumulating unemployment time in SEVIS. Once students have reached the 90 or 150-day maximum, their F-1 status will be terminated.
highly specialized knowledge to fully perform the required duties. Specialty occupations require a bachelor’s or higher degree in a specific field as a minimum for entry into the occupation.
The H-1B application is employer-based, meaning only the employer can sponsor an individual for H-1B status.
Please note: The FGCU GEO is not able to advise students on visa types outside of the F-1 and J-1 status. Employers can find more information on work visa types on the USCIS website. Students are also encouraged to consult with an immigration attorney (if possible) when applying for their change of status.
Taxes and Social Security Number (SSN)
Taxes
Unless exempted by a Tax Treaty, International students who earn an income will be subject to applicable federal, state, and local income taxes. More information on this topic can be found on the IRS website— International Tax Payers/Foreign Students and Scholars
Social Security Number (SSN)
Once an F-1 or J-1 student has obtained a job offer, they become eligible for a Social Security Number. If an international student has never worked in the US before your job offer, they will need an SSN but are not required to have it before they begin working. If necessary,
employers can obtain a letter from the SSA confirming a student has applied for the SSN—more information on this can be found on their website. Students may apply for the number at their local Social Security Administration and may apply up to 30 days before their employment start date. When applying, students will be required to present proof of employment. For students on CPT or Academic Training, this means presenting their I-20/DS2019 with approved work authorization. Students on OPT must show their Employment Authorization Document (OPT card) and must wait until their start date has been reached before they become eligible for the SSN. Students can read more about the SSN procedures on our website. Employers can read more about the SSN for foreign workers on this Social Security Administration webpage.
Frequently Asked Questions (FAQ)
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 and J-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 on “practical training.” J-I students may work on “academic training.”
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 international student office handles the paperwork involved in securing the work authorization for F-1 and J-1 students. A company may save money by hiring international students because the majority of them are exempt from Social Security (FICA) and Medicare tax requirements.
How long can international students work in the United States with their student visa?
F-1 students are eligible for curricular practical training, as well as an additional 12 months of Optional Practical Training (OPT), either before or following graduation, or a combination of the two. Students who complete bachelor’s, master’s, and doctoral degrees in STEM fields may work for 24 additional months of OPT at an E-Verify employer. However, if they work full-time for one year or more on Curricular Practical Training (CPT) during their program of study, they are not eligible for OPT. Students with a J-1 visa are usually eligible to work up to 18 months following graduation, and three years for post-doctoral work. They may also be eligible to work part-time during their program of study. The Responsible Officer (RO) or Alternate Responsible Officer (ARO) will evaluate each student’s situation to determine the length of time for which they are eligible to work.
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. J-1 students must have a written job offer to apply for the work authorization. Many F-1 students 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 work authorization.
What does the work authorization look like?
For OPT, F-1 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. For CPT, F-1 students receive authorization from the school (NOT from CIS) on page two of the student’s I-20. “No Service endorsement is necessary” - per 8CFR 74a.12(b)(6)(iii). J-1 students receive work authorization on the DS-2019 form. Typically, a letter is also issued by the RO or ARO at their institution.
What if I want to continue to employ
international students after their work authorization expires?
With a bit of planning ahead, an employer can hire international students to continue to work for them in the H-1B visa category for a total of six years (authorization is granted in two three-year periods). 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.
2) A bachelor’s degree is a minimum normal requirement for the position.
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 working under an F-1, J-1, or H-1B visa. Employers must document that they did not turn down a qualified American applicant for the position only when they wish to hire foreign citizens permanently and sponsor them for a permanent resident status (“green card”).
Can I hire international students as volunteer interns?
Normally, if the internship involves no form of compensation and is truly voluntary, the students may volunteer without having to do any paperwork with the USCIS. If, however, the internship provides a stipend or
any compensation, students must obtain permission for What is the cost of the E-Verify program, and practical training or academic training before starting how can I enroll in the E-Verify program? their internship. Students should check with their employers to ensure that the company is allowed by law
There is no cost to register in the E-Verify program. to offer unpaid internships.
Information on E-verify and the enrollment procedure can be found on the USCIS website at uscis.gov/everify.
Other Resources
Click to access each individual resource online. I-9 guidance
U.S. Equal Employment Opportunity Commission (EEOC)
U.S. Department of Labor Fact Sheet on Internships
U.S. Citizenship & Immigration Services (USCIS)
U.S. Department of State E-Verify American Immigration Lawyers Association