Employer's Guide to Hiring International Students (F-1 visa)

This guide is intended to give employers a general overivew of what employment authorization options F-1 visa international students have to engage in internships and full-time employment opportunities, either during the student's program of study or after graduation.

In short, international students are permitted to obtain work authorization under specific circumstances in one of the following ways:

Curricular Practical Training (CPT)
Optional Practical Training (OPT)
STEM OPT Extension

The focus of this page is to provide options specific to the F-1 visa, however, there are also options to continue long-term employment following a student's F-1 visa status through various visa sponsorship options such as H-1B, TN-1, L-1, O-1, E.

It is highly recommended that employers consult with an immigration attorney to assist with the filing process for either non-immigrant employment visa options or employment-based immigrant status (PERM). The USCIS website is a government official resource for exploring other visa options when considering long-term employment.

Overview of F-1 Employment Authorizations

Employment Authorization Type	Student's Role	Employer's Role
Curricular Practical Training (CPT)	Curricular Practical Training (CPT) is work authorization granted to degree seeking student's prior to earning their degree. CPT work authorization is granted by FAU. CPT can be approved after a student completes 30 weeks of full-time enrollment. Exception: certrain Graduate students may be approved for CPT sooner if their degree program requires immediate participation in an internship. Student must obtain job offer to start the CPT process. CPT work must be related to student's field of study; can be authorized as either part-time or full-time for paid or unpaid work. Duration: CPT is approved on a semester basis. Typically two semesters of CPT can be authorized per degree level. FAU will authorize CPT in approximately 2 weeks and issue new form I-20 as evidence of work authorization. Student should present the new form I-20 with CPT work authorization to their employer to complete the on-boarding process.	Applying for CPT is solely the responsibility of the student and therefore requires no action on the part of the hiring organization. The employer only needs to issue the internship job offer letter. Internship offer letter should include: student's position/job title, summary of duties, rate of pay (if applicable), hours worked per week, job site, supervisor contact, exact dates of employment.
Optional Practical Training (OPT)	Optional Practical Training (OPT) is work authorization that allows F-1 students who have graduated to gain work experience related to their major field of study. Can apply no sooner than 90 days prior the final term of study semester end date. Student must first be issued I-20 from ISS recommending OPT and then proceed with filing with USCIS. Duration: OPT is approved for 12 months. Adjudication time varies and depends on USCIS. Expedite processing is an option (approval in 30 days). Employment Authorization Document (EAD card) will be issued to student to then present to employer.	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.
STEM OPT Extension	Can be applied for by the student 90 days prior to the end of an existing 12-month OPT authorization. Only STEM OPT eligible majors (based on CIP code) as defined by DHS qualify for STEM extension. Student must first be issued I-20 from ISS recommending STEM OPT and then proceed with filing with USCIS. Duration: OPT is approved for an additional 24-months immediately following a period of 12-month post completion OPT. Adjudication time varies averaging 1-3+ months and depends on USCIS. Expedite processing is an option by way of paying an additional USCIS fee (approval in 30 days). Employment Authorization Document (EAD card) will be issued to student to then present to employer. Student may work for 180 days following their 12-month OPT while waiting for their STEM OPT petition to be adjudicated.	Employer must be enrolled into e-verify and assist student with the training plan form I-983. Information on E-verify: http://www.e-verify.gov/ There is no cost for employers to enroll into e-verify Guide to complete I-983 Training Plan with student can be found here. Employment opportunity offered during the STEM OPT must be commensurate to U.S. employees in terms of duties, hours and compensation. In the event of termination, the employer should inform the student's international student office (isss@touchmediahk.com) within 5 days.

Employment Authorization Type

Student's Role

Employer's Role

Curricular Practical Training (CPT)

Curricular Practical Training (CPT) is work authorization granted to degree seeking student's prior to earning their degree. CPT work authorization is granted by FAU.

CPT can be approved after a student completes 30 weeks of full-time enrollment. Exception: certrain Graduate students may be approved for CPT sooner if their degree program requires immediate participation in an internship.

Student must obtain job offer to start the CPT process. CPT work must be related to student's field of study; can be authorized as either part-time or full-time for
paid or unpaid work.

Duration: CPT is approved on a semester basis.

Typically two semesters of CPT can be authorized per degree level.

FAU will authorize CPT in approximately 2 weeks and
issue new form I-20 as evidence of work authorization.

Student should present the new form I-20 with CPT work authorization to their employer to complete the on-boarding process.

Applying for CPT is solely the responsibility of the student and therefore requires no action on the part of the hiring organization.

The employer only needs to
issue the internship job offer letter.

Internship offer letter should include:

student's position/job title,
summary of duties,
rate of pay (if applicable),
hours worked per week,
job site,
supervisor contact,
exact dates of employment.

Optional Practical Training (OPT)

Optional Practical Training (OPT) is work authorization that allows F-1 students who have graduated to gain work experience related to their major field of study.

Can apply no sooner than 90 days prior the final term of study semester end date.

Student must first be issued I-20 from ISS recommending OPT and then proceed with filing with USCIS.

Duration: OPT is approved for 12 months.

Adjudication time varies and depends on USCIS. Expedite processing is an option (approval in 30 days). Employment Authorization Document (EAD card) will be issued to
student to then present to employer.

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.

STEM OPT Extension

Can be applied for by the student 90 days prior to the end of an existing 12-month OPT authorization. Only STEM OPT eligible majors (based on CIP code) as defined by DHS qualify for STEM extension.

Student must first be issued I-20 from ISS recommending STEM OPT and then proceed with filing with USCIS.

Duration: OPT is approved for an additional 24-months immediately following a period of 12-month post completion OPT.

Adjudication time varies averaging 1-3+ months and depends on USCIS.

Expedite processing is an option by way of paying an additional USCIS fee (approval in 30 days).

Employment Authorization Document (EAD card) will be issued to student to then present to employer.

Student may work for 180 days following their 12-month OPT while waiting for their STEM OPT petition to be adjudicated.

Employer must be enrolled into e-verify and assist student with the training plan form I-983.

Information on E-verify: http://www.e-verify.gov/

There is no cost for employers to enroll into e-verify

Guide to complete I-983 Training Plan with student can be found here.

Employment opportunity offered during the STEM OPT must be commensurate to U.S. employees in terms of duties, hours and compensation.

In the event of termination, the employer should inform the student's international student office (isss@touchmediahk.com) within 5 days.

Curricular Pratical Training (CPT)

What is the difference between a job and an internship?

An internship includes a learning objective; it is an opportunity to gain knowledge and skills through experiential learning as a complement to the theoretical knowledge gained in an academic setting. International students can only be authorized for internships that are an integral part of their academic curriculum. A job is a position of regular employment.

How do I find an internship?

The best way to locate an internship is to work with the FAU Career Center . The Career Center has dedicated advisors and resources to help students identify internship opportunities on and off campus. Learn more about internships at FAU!

What if I find an internship on my own? How do I get approval to engage in this internship if it is not already offered through the Career Center?

Send an email to intern@touchmediahk.com including any details you already have about the internship site (location, contact information, name of supervisor, dates of your internships, specific position title/description, etc.). An advisor from the Career Center will work with you to meet internship requirements for CPT eligiblity.

FAU Tech Runway

FAU Tech Runway/Research Park employment opportunities do not fall under the definition of on-campus employment and must be authorized as off-campus employment following Curricular Practical Training (CPT) policies for F-1 students and Academic Training (AT) policies for J-1 students. Please work with the FAU Career Center to determine if FAU Tech Runaway opportunities align with internship objectives.

When can I begin my internship?

You may begin your internship as soon as you meet the minimum eligibility criteria for the Career Center and ISS and you receive the proper authorization from both offices. You should only work during the approved CPT dates reflected on page 2 of your I-20.

Additional requirements for international students:

F-1 students must fulfill at least one academic year at FAU (two consecutive full-time semesters) prior to being eligible for CPT, which in turn will allow participation in an internship

Exceptions:

Students who pursue a graduate level degree with a required practical component (immediate internship participation required) within the program of study may engage in CPT from their first semester at FAU.

Students who are transferring from another program in the U.S. or starting a new program following a period of OPT may request CPT in their second semester of study at FAU.

J-1 students may engage in AT any time during their program of study on a part-time basis (but this time will be deducted from the total period of AT eligibility; review the AT handout for more information).

Do I need to get authorization from ISS in order to engage in the internship?

Yes.

F-1 Students:

Paid and unpaid on-campus internship positions may be authorized as on-campus employment if not exceeding 20 hours per week or as CPT if exceeding 20 hours per week (F-1 students). Please note that regular on-campus jobs cannot exceed 20 hours per week during fall and spring (but may exceed 20 hours per week during the summer session for students continuing enrollment from spring).
Paid and unpaid off-campus internships must always have CPT authorization and may be authorized full-time or part-time depending on the internship criteria. ISS advisors will advise you accordingly.
ISS limits CPT authorizations to no more than two semesters per degree level. While there is no regulatory limit on part-time internships, students who wish to engage for a third internship must meet with an ISS advisor prior to requesting the authorization. We must ensure that this opportunity continues to be integral to students' program of study (for degree credit or degree completion requirements) and establish new learning objectives with each CPT authorization.
Students who completed all coursework except for thesis or dissertation credits may apply for CPT under the condition that the internship is required to collect research directly for thesis/dissertation
Students cannot be approved for only CPT in their final semester; student must take a course required for degree completion in addition to CPT authorization in the final term to be considered for approval.
12 months of full-time CPT will cancel eligibility for OPT

J-1 Students:

J-1 students must receive AT authorization for paid and unpaid internships on or off-campus. AT may not exceed 20 hours per week while students are enrolled in their program of study AT may be authorized full-time or part-time (min. 20 hours per week) after completion of the program of study.

Do I need to register for a course? What if I don’t need it for academic credit?

Yes. To view your internship course option, visit the FAU Career Center internship page (step 5).

Do I need a Social Security Number (SSN) in order to apply for or accept an internship offer?

Yes, you do need the SSN in order to engage in a paid internship. You will be eligible to apply for the SSN after you receive the CPT or AT authorization.

Please read the Social Security application guide for more details. To request SSN letter from ISS office please complete the Letter Request Form

Steps for obtaining authorization with the FAU Career Center to engage in an Internship:

Fill out the internship/coop application form with the Career Center. Contact an Internship specialist at intern@touchmediahk.com to learn more about the internship program.
After you secure an internship position, submit your CPT Application Form and supporting documentation (F1 Students) OR AT application and supporting documentation to International Student Services.
Pick up your I-20 with CPT authorization or your DS-2019 with AT authorization
Provide a copy of the I-20 or DS-2019 form to the Career Center.
Complete internship course registration with the Career Center.
Apply for your Social Security Number (SSN) if you do not already have one. To request SSN letter from ISS office please complete the Letter Request Form
Submit appropriate documentation to your employer/internship supervisor.
Complete all internship/co-op program requirements by the deadline dates to ensure that you receive a Satisfactory grade for the internship/co-op course.

Steps for an internship opportunity through your Academic Department:

Meet with the faculty advisor for the internship program to discuss internship options and requirements.
After you secure an internship position, submit your CPT Application Form and supporting documentation (F1 Students) OR AT application and supporting documentation to International Student Services.
Register for the internship course through your department and email ISSS@touchmediahk.com and intern@touchmediahk.com proof of course registration (must be completed before the semester add/drop deadline
Pick up your I-20 with CPT authorization or your DS-2019 with AT authorization.
Apply for your Social Security Number (SSN) if you do not already have one. To request SSN letter from ISS office please complete the Letter Request Form
Submit appropriate documentation to your employer/internship supervisor.
Complete all internship/co-op program requirements by the deadline dates to ensure that you receive a Satisfactory grade for the internship/co-op course.

Optional Practical Training (OPT)

General Information about OPT

Available to students who have been enrolled in a full course of study in the U.S. and have maintained F-1 status for at least one academic year, prior to the start date of OPT
Available to students who have not exceeded 12 months of full-time CPT.
Does not require an employment offer at the time of application
Can be submitted up to 90 days prior to the desired OPT start date
Requires recommendation from an ISSS Advisor (DSO) and an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Service (USCIS).
Authorized once for each degree level (bachelor’s, master’s, doctorate) for up to 12 months
Must be received at USCIS within 30 days of the date DSO enters OPT recommendation in SEVIS
Employment can begin only on or after the start date on the EAD card
Allows for no more than 90 days of unemployment during the 12-month employment period. Thus, employment must begin no later than 90 days after the start date of the EAD card

Types of OPT

A) Pre-completion OPT (Code: (c) (3) (A))

Can be applied for at any time during program of study (after completing at least one academic year)
Granted prior to degree completion; cannot exceed program completion date listed on the I-20
Authorized part-time (20 hours per week or less) while school is in session, or full-time during the summer semester (if not enrolled full-time) and other official breaks and holidays, if currently enrolled and expecting to enroll for the next available semester
Deducted from the 12-month period of OPT eligibility (students must apply separately for post-completion OPT for the period not used as pre-completion OPT-90-day unemployment period does’t apply)

B) Post-completion OPT (Code: (c) (3) (B)))

Should be applied for during the semester in which student expects to receive the degree and up to 90 days prior to the desired OPT start date
Must be received by USCIS no later than 60 days after the program completion date listed on the I-20
Authorization granted for full-time OPT up to 12 months (less any period of authorized pre-completion OPT)

C) Extension OPT (STEM) for eligible student in Science, Technology, Engineering and Math Fields (Code: (c) (3) (C)) (please see below)

Graduate students who have completed all degree requirements except for thesis/dissertation may apply for either pre-completion or post-completion OPT. Students are eligible for the post-completion option only if all program requirements are completed prior to the desired OPT start date (coursework, qualifying examinations, proposal) except for thesis or dissertation hours.

Reporting Requirements during Post-Completion OPT

IMPORTANT:

The Student and Exchange Visitor Program (SEVP) will automate the SEVIS termination of any OPT record which does not contain the employment information by day 90 of the OPT authorization (calculated from the start date listed on the Employment Authorization Document your receive from USCIS in order to begin your OPT employment).

In order to ensure that all records are properly updated, we ask that you report your OPT employment to our office by submitting the OPT Employment Update Form online. If this information is new or different from the information currently stored in your SEVIS record, we will print a new OPT I-20 for you and contact you for pickup or mailing arrangements.

FAU is responsible for the F-1 SEVIS record and I-20 for the duration of OPT. Students must keep ISS informed of the following:

Initial employment information within 90 days of the OPT start date (employer name, location, address, contact information, including email) as well as any subsequent changes in employment.
Completion of OPT prior to OPT end date due to change of status or return to the home country
Acceptance to another degree program in F-1 status will require SEVIS transfer if going to another school in the U.S.
Student’s current address and contact information (including a non-FAU email address); change of address information must be provided within 10 days.

Reporting Requirements during 24-month STEM OPT Extension

IMPORTANT:

The Student and Exchange Visitor Program (SEVP) will send an email reminder to STEM OPT students to the email account associated with the student's SEVIS record (FAU email in most cases). During the STEM OPT period, students will be required to report every 6-months to confirm their participation and upload their I-983 training plan updates as applicable. Students are responsbile for submitting the STEM OPT reporting e-form to ISS for each of the reporting periods.

STEM OPT Reporting E-form

ISS Notification Requirements during OPT

Persons engaged in OPT continue to be in F-1 status, and ISS continues to have responsibility for maintaining these records throughout the duration of OPT. Students engaged in OPT must provide ISS with the following information:

Initial employment information within the 90 days of the OPT start date - completed OPT Employment Update Form.
Report to ISS every six months (confirm employment and current address). Second and third reporting will require I-983 evaluation submission to ISS.
Consequent changes in employment.
Changes of address (within 10 days of occurrence).
Change of status to another category.
Departure from the U.S. prior to the end date of OPT.
Transfer of schools to begin a new academic program prior to OPT completion.
Plans to travel outside the U.S. to renew F-1 visa.

STEM Extension OPT (24 months)

What is the STEM OPT Extension?

STEM OPT Extension (USCIS filing category C3C) can only be applied for during a valid period of post-completion OPT (USCIS filing category C3B). F-1 students who receive Science, Technology, Engineering and Mathematics (STEM) degrees and who are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree are eligible to apply for a 24-month STEM OPT Extension.

The Department of Homeland Security (DHS) has published a new F-1 STEM OPT extension rule which is now effective as of May 10, 2016

The STEM OPT Extension is a 24-month period of temporary training that directly relates to F-1 student’s program of study in an approved STEM field

STEM Degree List

Please review the links below for a list of STEM degrees currently offered by FAU as well as the Department of Homeland Security (DHS) Designated STEM List. Please note that the FAU STEM List may change per academic year.

FAU STEM Majors List (based on CIP Codes)
DHS STEM Designated Degree Program List (based on CIP Codes

How to apply for 24-Month STEM OPT

Step 1: You can apply for the 24-month STEM OPT extension no sooner than 90 days prior to your current post-completion OPT end date and no later than the day your current EAD card expires. USCIS must receive the new form I-20 recommending STEM OPT and application before the current 12-month OPT expires. As long as your application is received by USCIS by your current EAD end date, you will be allowed to remain in the U.S. and continue employment for 180 days or until a decision is made on your application.

Step 2: Review and complete the STEM OPT Application E-Form (detailed instructions provided within e-form)

Step 3: ISS will email you a copy of the new I-20 recommending STEM OPT on page 2. This I-20 will need to be printed and signed by you using pen. You will then need to include a copy of this I-20 with your submitted STEM OPT petition for USCIS.

What is E-verify?

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

An employer must be registered in E-verify and the student needs to provide the 4 to 7 digit long e-verfiy number on their I-765 at the time of requesting the STEM OPT extension benefit

Visit the following website to learn more and how employers can enroll at no cost: http://www.e-verify.gov/

Reporting Requirements during 24-month STEM OPT Extension

IMPORTANT:

STEM OPT Reporting E-form

Resources

STEM OPT Hub (DHS Study in the States)
USCIS Processing Time Information
Final STEM OPT Rule (Effective May 10, 2016)
FAU STEM Majors List (based on CIP Codes)
DHS STEM Designated Degree Program List (based on CIP Codes)
Employer Reporting Requirements (DHS Study in the States)
STEM OPT Rulemaking (NAFSA)

Frequently Asked Questions

This list of questions and answers will be updated regularly as ISS receives more questions from students and alumni and clarifications from the Department of Homeland Security.

Q: I am currently working on post-completion OPT, authorized after a non-STEM degree, but I have earned a previous STEM degree from a US institution. If I am eligible to apply for a STEM OPT Extension based on the previous STEM degree, can I continue working in my current job?

A: Given the limited guidance provided by DHS, if you did not apply for STEM OPT Extension based on the earlier earned STEM degree, you may be eligible to apply for a new STEM OPT Extension based on that previous STEM degree. However, the job you are pursuing must be directly related to the STEM degree. If your current job is not related to the STEM degree, you may apply for the STEM OPT Extension if you change to a new position which is directly related to your current degree and your previous STEM degree.

Q: I am applying for STEM OPT Extension and I need to travel outside of the U.S. Can I travel outside the US while the STEM OPT Extension is pending?

A: Based on the processing times and current DHS guidance, we recommend that a student not travel while the STEM OPT Extension application is pending. If a student’s current EAD card expires while the STEM OPT Extension application is still pending, a student can continue to work under the terms of the authorized OPT while he/she is waiting for its approval. While a student can travel while the current OPT Employment Authorization (EAD) card is still valid, if your current EAD card has expired you should NOT leave the US as you will need the new EAD card for the approved STEM OPT Extension in order to re-enter the US and, if needed, apply for a new F-1 entry visa stamp at the US Consulate while abroad in order to re-enter the US.

Other Resources

http://www.uscis.gov/

I-9 Documents for Onboarding F-1 Foreign Student Hire

H-1B Electronic Registration Process

Green Card for Employment-Based Immigrants

Fragomen - Immigration Attorneys