FAQ's About Hiring an International Student

Will it cost a lot of money?
Not necessarily. For students applying for internships there is no cost or paperwork involved on the employer’s end. For full-time employment, you do not need to pay anything for OPT candidate processing.

If you decide to continue the employment of an OPT candidate by hiring them under an H-1B visa, employers are responsible for the cost of applying for the visa. As there are costs associated with any recruitment, the processing fees and time can be most accurately assessed by an immigration attorney.

Do International Students need work authorization before I can hire them?
No. However, T=they must have work authorization before their first day of work. This is supplied in the form of an Employment Authorization Document (EAD) card which they must show when they begin work on OPT (or a J1 sponsor letter for AT).

If I let someone work on OPT/AT am I required to apply for an H-1B visa for them?
No. If you determine through the international student’s work that you do not wish to hire them after their OPT allowance is up, you are not required to do so. It is however inappropriate to promise H-1B sponsorship to a candidate if you are not serious about applying for it.

If I hire someone on an H-1B visa, do I have to sponsor them for a green card (permanent residency)?
No. An H-1B visa is good for up to three years, and may be extended to 6 years total. If during this time you decide you want to keep the employee more permanently, you may apply for their green card. However there is no requirement to do so. Again, it is inappropriate to promise a green card to a candidate if you do not intend to help them apply for one.

If I apply for an H-1B visa for an employee, what happens if they decide to leave the company?
There are no guarantees that employee will not move on to other positions in their career. However, H-1B visas are tied to the employer. If you sponsor someone for an H-1B visa, they cannot take that work visa with them if they decide to leave. They would need to have an H-1B visa authorized to another employer in order to change companies.

What is the H-1B quota?
There is currently a quota on how many H-1B visas the government will authorize each year. 65,000 H-1B visas are allocated each year, starting on April 1st. These visas go into effect on October 1st of that same year. 2008's H-1B allocation was used up on the first day employers could submit applications.

(There are an additional 20,000 H-1B visa allowed for students who have earned an advanced degree, Master’s level or higher. The quota does not apply to institutions of higher education).

I've heard about an OPT gap, what's that?
Due to changes in federal regulations during April 2008, the H1B gap no longer exists for OPT candidates. It previously referred to a gap in time between the expiration of their OPT 12 month allowance and the start date of new H1B visas on October 1. Any candidates on OPT who recieves an H1B visa with a start date in October of that year will now automatically have their OPT work allowance extended until September 30th, regardless of the expiration date on their original OPT.

I have an OPT candidate on my staff, and want to see if they will qualify for the 17-month STEM extension. How do I do that, and what do I need to do to make it possible?
With the regulation changes in April of 2008, OPT candidates with degrees in Science, Technology, Engineering and Math are allowed to apply for an additional 17 months of OPT (for a total of 29 months). This is a significant chance in policy, and does require some work on the part of employers, though much less than the process of applying for an H1B visa. There is some paperwork to fill out, and the employer must be registered in E-Verify, a federal employment verification system. Please check with your company's immigration attorney to determine if you are already registered or if registration is a possiblity for the company.