Work & Visa Information
Employment in the US
**This is general information, summarized from information provided by the US State
Department, and does not constitute legal advice.**
Hiring international students who are attending college in the U.S. is not as difficult
as many employers perceive. In general, foreign students may work in a paid internship
or temporary employment provided certain conditions are met. However, with few exceptions,
they cannot work until after completing their first academic year.
Curricular Practical Training (CPT)
Students may work on CPT if the work is in a training program that is an “integral
part of an established curriculum," a determination which is made by the school.
- Student works with the school’s Designated School Official (DSO) to obtain or complete the necessary documentation. (This is the ISS office
at UW.)
- Job offer related to the major field of study is required to apply for CPT.
- The DSO issues Form I-120 with annotation of CPT approval.
- Annotated I-20, student’s passport and I-94 show authorization to work.
- May work up to 20 hours/week during school and full-time during official school breaks.
- Students may only use CPT prior to graduation.
Students who use 12 months of full-time CPT are ineligible for Optional Practical
Training (OPT) after graduation (see below).*
Pre-Completion Optional Practical Training
Students who wish to work in an internship/job other than one which would qualify
for CPT can generally apply for OPT.
- Student works with the DSO to obtain or complete the necessary documentation. (This
is the ISS office at UW.)
- The DSO issues Form I-20 with OPT recommendation.
- Student uses the updated I-20 to apply for an employment authorization document (EAD)
from USCIS.
-
Generally takes 2-3 months to obtain EAD.
- Approved EAD shows authorization to work and is required for employment
- OPT used during school is deducted from allowed post-completion OPT time:
- Full-time OPT deducted at equal rate
- Part-time OPT deducted at half-time rate
Post-Completion Optional Practical Training
Foreign graduates of a U.S. university or college are eligible for 12 months of post-completion
OPT, regardless of field of study.
- Student works with DSO who issues Form I-20 with OPT recommendation
- Student uses the updated I-20 to apply for an EAD from USCIS
- Must apply within 30 days of DSO having issued the I-20
-
Generally takes 2-3 months to obtain EAD
- Approved EAD shows authorization to work and is required for employment
- Post-completion OPT may be limited by student’s use of CPT or OPT during school. See
prior section on employment while in school for details.
STEM Extensions:
Graduates in a STEM field (science, technology, engineering or math) may apply to
extend OPT an additional 24 months, for a total of 36 months OPT.
- Employer must participate in the E-Verify program.
- Employer must create training plan and sign Form I-983.
- Employer must report to DSO if employee is terminated or leaves employment prior to
expiration of STEM EAD.
- Graduate submits Form I-983 to DSO who reviews it for completion.
- DSO issues I-20 with STEM recommendation.
- Graduate uses updated I-20 to apply to USCIS for STEM extension EAD.
- Must apply within 60 days of DSO having issued the I-20.
- Graduate may work while STEM extension application is pending, provided application
was timely filed.
TN Visa
Canadian & Mexican graduates may be eligible for a TN if they have an offer to work
in a TN eligible position and meet the requirements
- List of TN eligible positions and requirements is found at 8 CFR § 214.6(c).
- TN can be processed at U.S. border/pre-flight inspection with documentation showing
proof of job offer and individual's eligibility for the position.
- Individual must be coming to the U.S. for a temporary stay.
- The TN can be obtained for up to 3 years.
H-1B Visa
Employers may also apply for an H-1B for an international business professional, regardless
of whether s/he graduated from a U.S. university or college.
- The H-1B is highly regulated and details are beyond the scope of this handout.
- Employers may wish to seek counsel in applying for an H-1B for an employee or potential
employee.
