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US Internship Visa: How To Hire International Students?

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US Internship Visa: Find out how to hire international students.

USA companies and employers who wish to employ foreign students and recent graduates as interns, have several internship programs to choose from.

Contact VisaPro Law Firm today for a FREE Visa Assessment at http://visaoptions.visapro.com/visaassessment.asp to determine the most appropriate visa type for your situation.

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US Internship Visa: How To Hire International Students?

  1. 1. U.S. Visa Options For Interns: An Overview 1. Foreign students inside the U.S. A. F-1 Students  Under Curricular Practical Training or Optional Practical Training B. J-1 Students  Under Academic Training 2. Foreign students and recent graduates outside the U.S.  Under the J-1 Internship or J-1 Training 3. Continuing Employment After U.S. Internship Program
  2. 2. A. Employing F-1 Students F-1 students may be allowed to seek off-campus employment after the first academic year through ‘practical training’. There are two types of practical training: 1. Curricular Practical Training (CPT) 2. Optional Practical Training (OPT)
  3. 3. A. Employing F-1 Students - Under CPT Internship  Curricular Practical Training (CPT) is alternative work/study or internship offered by sponsoring employers through co-operative agreements with the school.  The employment or internship must be a part of an established curriculum at the student’s school of higher education.  Employers who wish to engage foreign students as interns should speak to the respective schools as CPT must be part of an established curriculum.
  4. 4. A. Employing F-1 Students - Under OPT Internship  Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study.  OPT may generally not exceed 12 months except in certain circumstances where STEM students may extend for an additional 17 months.  An F-1 student may be authorized to participate in OPT 1. During studies (Pre-Completion OPT), and/or 2. After completion of studies (Post-Completion OPT).
  5. 5. FIND OUT IF YOU ARE ELIGIBLE FOR AN INTERN VISA. IT'S EASY. VisaPro has developed a FREE Visa Eligibility tool. Determine Your Visa Eligibility Today At: http://visaoptions.visapro.com/Visa-Eligibility.asp
  6. 6. B. Employing J-1 Students - Under Academic Training  J-1 students may be eligible to be employed in areas related to their academic field of study under ‘Academic Training’ (AT).  AT may occur during and after the completion of studies, and the duration can vary but cannot be longer than the academic program.  AT is generally part-time during the academic year. During vacations, J-1 students may engage in AT full-time or part-time.
  7. 7. C. Employing Foreign Students Outside the U.S. Employers may employ foreign nationals under J-1 internship or training if: 1. The foreign national student is pursuing a degree outside the U.S. or 2. The foreign national has recently graduated from a college or university outside the U.S.
  8. 8. C. Employing Foreign Students - Under J-1 Internship  Under a J-1 internship program, foreign interns are permitted to work in the U.S. for up to 12 months.  To be eligible, the foreign student: a. Must be currently enrolled in and pursuing studies outside the United States, or b. Must have graduated from a college or university outside the United States no more than 12 months prior to the U.S. internship start date.
  9. 9. C. Employing Foreign Students - Under J-1 Training  Under a J-1 training program, foreign interns may be permitted to work in the U.S. for up to 18 months  To be eligible, the foreign national: a. Must have graduated from college or university, or have a professional certificate and 1 year of experience abroad, or b. Must have 5 years of related experience abroad.
  10. 10. C. Employing Foreign Students - Under J-1 Internship or Training  Under a J-1 internship or training program, interns cannot work: × In positions that require more than 20 percent clerical or office support work × In unskilled or casual labor positions × In positions that require or involve childcare or elder care, or × In positions that involve medical patient care or contact
  11. 11. D. Continuing Employment After Internship Program  It is not uncommon for employers to want to offer employment and hire bright interns upon completion of the internship period.  Employers who wish to hire a foreign intern for a long-term position must keep in mind a few additional factors, make suitable plans and take timely steps to ensure that there is no break in employment.
  12. 12. D. Continuing Employment After Internship Program - F-1 Students  In the case of F-1 students who are on OPT, the employment authorization terminates at the conclusion of the authorized practical training.  In order to have these students continue employment beyond such period, the foreign national and the employer must petition to change the foreign national’s status.  The most popular work visa option is the H-1B visa. NOTE: The H-1B petition must be filed before the OPT expires in order to ensure continuity of employment.
  13. 13. D. Continuing Employment After Internship Program - J-1 Students  A two-year residency requirement may be applicable to some J-1 visitors.  Interns subject to this requirement will be required to return to their home country for 2 years at the end of their program. NOTE: They will generally not be able to change to H status until they have spent 2 years outside the U.S., or have obtained a J-1 waiver of the requirement.
  14. 14. D. Continuing Employment After Internship Program - J-1 Students  If the J-1 visa holder does not have the 2-year residency requirement, the employer must petition to change the foreign national’s status.  The most popular work visa option is the H-1B visa. NOTE: Unlike for F-1 OPT, there are no special ‘Cap-Gap’ provisions. The H-1B must be timed precisely to avoid any gaps of employment.
  15. 15. THERE ARE SEVERAL U.S. INTERN VISA OPTIONS AVAILABLE. The employer and foreign student’s situation must be carefully analyzed before arriving at any conclusion on what would be the most appropriate visa option for their situation.
  16. 16. DO YOU WANT TO FIND OUT WHICH INTERN VISA IS THE MOST SUITABLE? Contact VisaPro Law Firm today for a FREE Visa Assessment http://visaoptions.visapro.com/visaassessment.asp Our experienced attorneys would carefully analyze your scenario, and determine the most appropriate visa type for your situation.
  17. 17. About VisaPro VisaPro was established in October 2002 with a dream to provide exceptional U.S. immigration legal services at reasonable costs to companies and individuals around the globe and today we are proud to say that we have succeeded. VisaPro offers services in the following areas:  Investor and Entrepreneur Advisory Services  Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN  Investor Visas: E-1, E-2, EB-5  Green Cards  Employer Immigration Compliance
  18. 18. Washington, DC 1050 17th Street NW Suite 1000 Washington, DC 20036 New York 520 White Plains Road Suite 500 Tarrytown, NY 10591 1100 S Hope St. Suite 103 Los Angeles, CA 90015 Los Angeles Contact Us “I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism and overall pleasantness made my job much easier. They assisted me every step of the way in applying for an H1B Visa, I could not imagine getting through this process without them. I would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro again” Beverly Brawer, United States Luggage Company LLC

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