Hiring International Students on OPT
When evaluating a strong job candidate, hearing “I have work authorization through OPT” might leave you with questions. Here’s what you need to know about Optional Practical Training (OPT) and how it can benefit your business.
Optional Practical Training (OPT) is a valuable opportunity for international students in the United States to gain hands-on experience in their chosen field. OPT allows students to gain experience relevant to their future careers, helping them acquire practical skills that improve their career prospects. To be eligible, a student must be in F-1 status and have completed at least one academic year at a U.S. academic institution, with universities serving as the primary source for recruiting international talent through OPT. For employers, hiring international students on OPT is a straightforward way to access a diverse, highly skilled talent pool without the need for immediate visa sponsorship. The process to hire international students on OPT is simple and does not require additional paperwork from the employer.
Introduction to Optional Practical Training
Optional Practical Training (OPT) is a valuable opportunity for international students in the United States to gain hands-on experience in their chosen field. Available to F-1 students who have completed at least one academic year at a U.S. academic institution, OPT allows eligible students to apply what they’ve learned in their academic program to real-world employment. Depending on their OPT status, students can work either part-time or full-time, and their employment must be directly related to their major area of study. For employers, hiring international students on OPT is a straightforward way to access a diverse, highly skilled talent pool without the need for immediate visa sponsorship. By bringing on students who have completed rigorous training and academic studies, employers can benefit from fresh perspectives and up-to-date knowledge, while students gain valuable experience that enhances their career prospects.
What Is OPT?
OPT is a work authorization program for international students who graduate from U.S. degree programs, including those who have completed a bachelor's degree or higher. OPT is designed for foreign nationals studying in the U.S. on an F-1 visa. It allows them to work for one year in a job related to their field of study, with the duration and eligibility for OPT depending on the student's education level. For employers, it’s an opportunity to hire talent without the need for immediate immigration sponsorship.
International Student Visa Status
Most international students in the U.S. hold an F-1 visa, which is specifically designed for those pursuing full-time study at accredited academic institutions. To maintain their F-1 status, students must follow federal regulations, including enrolling in a full course load, making satisfactory progress toward their degree, and refraining from unauthorized employment. F-1 students are eligible for several types of practical training, such as Optional Practical Training (OPT), Curricular Practical Training (CPT), and Academic Training (AT), each with its own eligibility requirements and application process. Understanding these rules is essential for both students and employers to ensure compliance and to make the most of employment opportunities available through programs like OPT.
How Does OPT Work?
The OPT application process involves several steps, including submitting the required form, verifying enrollment status, and waiting for approval before employment can begin.
- Students apply for a work permit (Employment Authorization Document) through their school’s Designated Student Officer (DSO) by submitting the appropriate form, such as the I-20, and must be enrolled in a degree program. Students must have completed at least one academic year before they can request OPT.
- Once they receive their card, they can work for your company within their field of study. Students cannot begin working until the employment start date listed on their EAD, and the process can take about a week after approval.
The OPT period can begin after the student completes their degree program, and students must request OPT authorization in a timely manner.
Visa Options for International Students
International students in the U.S. have several visa pathways that can support their academic and professional goals. The F-1 visa is the most common, allowing students to enroll in full-time degree programs at accredited institutions. Some students may also qualify for the J-1 visa, which is typically used for exchange programs or internships. For those seeking long-term employment after graduation, the H-1B visa is a popular option. This non-immigrant visa is designed for specialty occupations and requires at least a bachelor’s degree in a specific field. Employers can sponsor international students for an H-1B visa, though the process can be competitive and requires careful planning. Depending on individual circumstances, students may also consider other options such as the L-1 or O-1 visas, which cater to specific professional backgrounds and achievements.
Employer Responsibilities
Hiring OPT employees is almost as simple as hiring any other employee. There’s no additional paperwork or application on the employer’s part. However, you should:
- Record the employee’s job title and employment dates, track the student's employment status, and report any changes as required.
- Ensure compliance with state and federal labor laws.
- For STEM OPT students, verify the student's employment eligibility through the E-Verify system, as employers must be enrolled in E-Verify and confirm the student's work authorization as part of their responsibilities.
Common Challenges
- Work Authorization Delays: OPT employees cannot start work until they receive their permit. Students must also wait until the official OPT period begins and the employment start date as indicated on their EAD card.
- Limited Duration: Work authorization typically lasts one year, requiring long-term planning for retention. Eligible students can receive up to 12 months of OPT, and STEM students may qualify for an additional 24 months of OPT, making it essential to track the total months of OPT available, monitor end dates, and complete all required documentation before the OPT end date.
Completing all compliance steps and evaluations before the OPT period ends is crucial to maintain legal work authorization and program status.
Cap Gap Extension
The Cap Gap Extension is a critical provision for F-1 students whose OPT employment authorization is set to expire before their H-1B status begins. If an employer files an H-1B petition for an eligible student in a timely manner and requests a change of status, the Cap Gap Extension allows the student to continue working legally in the U.S. until the H-1B start date, typically October 1. This extension helps employers retain talented international students without interruption, ensuring continuity in the workplace. To benefit from the Cap Gap Extension, students must have a pending or approved H-1B petition and meet all eligibility requirements. Employers should be aware of this option, as it provides a seamless transition for students moving from OPT employment authorization to H-1B status, reducing the need for additional recruitment and training.
Extending Employment
To keep an OPT employee beyond their initial year, you might consider:
- STEM OPT Extensions: Add two more years of work authorization for graduates in science, technology, engineering, or math fields. The STEM OPT extension is available to students who have completed a STEM degree and are working for an E-Verify employer. There are two types of OPT: pre-completion OPT, which is authorized before graduation, and post-completion OPT, which is authorized after completing the degree. Using pre-completion OPT reduces the total months available for post-completion OPT. Students can only use OPT once per education level, so having used OPT at the same education level affects eligibility for additional OPT. The university supports students through the STEM OPT extension process and ensures compliance with all requirements. Federal regulations require both employers and students to comply with all reporting and training plan requirements for the STEM OPT extension.
- H-1B Sponsorship: Enter the employee into the H-1B visa lottery for more long-term work authorization.
Why Hire OPT Employees?
OPT employees bring diverse perspectives and fresh skills to your team, often with minimal barriers to entry. While their work authorization is temporary, planning ahead can help you retain top talent.
For example, many employers have successfully hired OPT students who later transitioned to long-term roles through H-1B sponsorship.
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