International Employment: Frequently Asked Questions

It provides temporary worker status to allow U.S. employers to hire foreign nationals in “specialty occupations.” These positions require highly specialized knowledge and a Bachelor’s degree or higher in that specific area of study.

The employer must apply and bear all associated costs. It is typically approved for up to three years, with the possibility of extension up to six years. The H-1B visa is employer, position, and location-specific, and holding the status is dependent on continued employment.

Students in F-1 status may be eligible for Curricular Practical Training (CPT) during their studies and up to three years of Optional Practical Training (OPT) after their program completion, at no cost to the employer. F-1 visa holders most commonly transition to an H-1B status for continued employment in the United States, but there are many other visa types, such as TN, O-1, and E-3.

Processing times can take several months. However, U.S. Citizenship and Immigration Services (USCIS) has a premium processing service for an extra fee, which reduces the processing time significantly.

Costs vary widely and depend mostly on attorney fees. Basic fees include:

• $460 filing fee
• $500 fraud prevention fee
• ACWIA fee of either $750 or $1,500 (private employers)
• $2,500 premium processing fee (optional)

Additional fees apply for employers with 50+ employees and more than 50% of their workforce in H or L status.

If you are eligible for the 24-month STEM OPT extension, there are some benefits to applying for it, even if your employer has filed an H-1B petition on your behalf:

• If your H-1B petition is not selected in the lottery or it is later rejected, denied, or revoked, you can continue to maintain F-1 status on your STEM OPT extension.
• If your H-1B petition is selected but is still pending on October 1, you can keep working in F-1 status on your STEM OPT extension.

You should discuss any travel plans you have with the individual preparing your H-1B petition prior to the petition being filed.

If you are able to work for your employer in F-1 status first, you might decide to wait to discuss details of an H-1B petition with them until you have worked for them long enough to gain trust and prove your value to the organization.

If you are filling out a job application with the question, “Do you need sponsorship now or in the future?” consider whether your ultimate goal is to transition from F-1 status to H-1B status. If so, you may choose to answer yes.

There is a limit (or cap) for private industry employers of 65,000 petitions per fiscal year. Typically, USCIS receives many more petitions than they can accept for processing. The first 20,000 petitions with beneficiaries holding a Master’s or higher degree from a U.S. institution do not count against the cap. Citizens of Chile or Singapore also have a special allocation.

Cap-subject employers must register during March, and if selected, will file H-1B petitions based upon the federal government’s fiscal year with a start date of October 1.

The following employers are not subject to the 65,000 petitions per year limit and may file an H-1B petition at any time during the year:

• Higher education employers
• Non-profit organizations related to an institution of higher education
• Non-profit research organizations
• Governmental research organizations

A student’s F-1 status will automatically extend to bridge the gap between the end of the F-1 status and the start of the H-1B, if the following conditions apply:

• Their OPT ends between April 1 and September 30.
• They have an H-1B petition that was filed in a timely manner; is cap-subject; requests an employment start date of October 1; and requests a change of status.

The OPT cap-gap extension is granted at no additional cost. Students may request a new I-20 noting the extension by submitting the I-797 H-1B receipt notice to ISSS.

The cap-gap extension is terminated if the H-1B petition is rejected, denied, or revoked.

The limitations on days of unemployment continue during the cap-gap extension.

H-1B petitions can only be filed for positions that meet the definition of “specialty occupation.” A specialty occupation is one requiring the theoretical and practical application of highly specialized knowledge, and the attainment of at least a Bachelor’s degree in the specialty.

Foreign nationals who hold a Bachelor’s degree or higher in the specific area of study required for the position qualify for an H-1B visa.

• Employer must bear the costs of preparing and filing an H-1B petition.
• Employer must pay the same wage and benefits provided to U.S. workers in similar jobs.
• H-1B petitions must be approved by U.S. Citizenship and Immigration Services (USCIS).
• Petitions are typically approved up to three years, with extensions possible up to a total of six years.
• H-1B petitions are employer, position, and location-specific.
• Holding H-1B status is dependent on continued employment.

The U.S. government limits the number of H-1B petitions approved each year for private industry employers. The limit, also known as the H-1B cap, is 65,000 petitions per fiscal year. The first 20,000 petitions with beneficiaries holding a Master’s or higher degree from a U.S. institution do not count against the cap. Citizens of Chile or Singapore also have a special allocation.

Cap-subject employers must register during March, and if selected, will file H-1B petitions based upon the federal government’s fiscal year with a start date of October 1.

The following employers are not subject to the 65,000 petitions per year limit and may file an H-1B petition at any time:

• Higher education employers
• Non-profit organizations related to an institution of higher education
• Non-profit research organizations
• Governmental research organizations

Processing times can take several months. However, USCIS has a premium processing service for an extra fee, which reduces the processing time significantly.

No. Students on F-1 visas may be eligible for Curricular Practical Training (CPT) during their studies. After program completion they are also eligible for one year of Optional Practical Training (OPT) and, if their degree is in a qualifying STEM field, an additional two years of OPT. CPT and OPT have no cost to the employer.

Students on J-1 visas may be eligible for Academic Training for up to three years during or after their studies, also at no cost to the employer.

Costs vary widely and depend the most on attorney fees. Basic fees include:

• $460 filing fee
• $500 fraud prevention fee
• ACWIA fee of either $750 or $1,500 (private employers)
• $2,500 premium processing fee (optional)

Additional fees apply for employers with 50+ employees and more than 50% of their workforce in H or L status.

F-1 students are eligible for 12 months of Optional Practical Training at each degree level. Students with STEM degrees may have the option to apply for an additional 24-month STEM OPT extension. They must receive authorization from U.S. Citizenship and Immigration Services (USCIS) before they can begin working, which usually takes about three to five months from the date the application is submitted.

In order to be authorized for OPT, students must meet the following criteria:

• They have been enrolled at a college or university full-time for an academic year.
• Employment must be directly related to the student’s major area of study.

Although uncommon, students can apply for OPT prior to the completion of their studies. However, in most cases, these students are eligible for a more desirable alternative called Curricular Practical Training (CPT). They should check with the International Student and Scholar Services Office at CSU if they are considering either of these options.

Students can apply for OPT to begin after the completion of their studies. Students who engaged in Pre- Completion OPT or CPT will need to re-apply for Post-Completion OPT.

• They must work at least 20 hours per week in a paid or voluntary position.
• Students do not need to have a job offer when they apply, but can only be unemployed for 90 days once their OPT is approved.
• Students can apply up to 90 days before their anticipated graduation date, but cannot begin working until their OPT is approved.

Because the standard OPT processing time is approximately three to five months, the dates on the student’s Employment Authorization Document (EAD) may not match the requested dates on their I-20.

Students cannot begin working before the start date on their EAD. Ideally employers can be flexible, because students will only know a week or so before they can begin work.

F-1 students who work outside of the dates listed on their EAD, except STEM students who have applied for a STEM OPT extension, have engaged in unauthorized employment and will lose their F-1 status.

No, there is no additional cost or sponsorship required to employ an international student on an F-1 visa.

Yes, students can begin working and get paid prior to receiving their Social Security number, if they don’t have one already.

No, international students are able to fill out the I-9 with their valid legal documents (such as EAD, I-20, passport, visa, and I-94) like any other employee. Both the student and the employer should be aware of when their work authorization ends.

F-1 students may be eligible for one or more semesters of Curricular Practical Training to work off campus while they pursue their degree. They must receive authorization from the International Student and Scholar Services Office at CSU before they can begin working. This usually takes about one week from the time the application is submitted. In order to be authorized for CPT, students must meet the following criteria:

1. They must have been enrolled full time at a college or university for an academic year.
2. Employment must be an integral part of the student’s established curriculum, meaning it has a strong and measurable connection to their academic program as documented by their academic advisor.

Students can only apply for CPT to take place prior to the completion of their program. Students who have previously engaged in CPT may be eligible for additional periods of authorization, but initial authorization and extensions are not automatic.

• Part time: 20 hours per week or less in a position that is either paid or voluntary in nature.
• Full time: More than 20 hours per week in a position that is either paid or voluntary in nature.
• Students may not work outside the dates of authorization, in another job, or more than 20 hours per week (if CPT is approved part time) without additional authorization.
• Students should apply at least two weeks before the desired start date.

In rare cases, students may be eligible for 12 months or more of full-time CPT (such as when their program requires many internship hours or the work is contributing to thesis or dissertation research).

Students authorized for 12 or more months of full-time CPT are ineligible for Optional Practical Training (OPT) work authorization after they complete their program. Part-time CPT and/or fewer than 12 months of CPT have no impact on a student’s OPT eligibility.

F-1 students who work outside of the dates listed on their I-20 are considered to be engaged in unauthorized employment and will lose their F-1 status.

No, there is no additional cost or sponsorship required to employ an international student on an F-1 visa.

Yes, students can begin working and get paid prior to receiving their Social Security number, if they don’t have one already.

No, international students are able to fill out the I-9 with their valid legal documents (such as I-20, passport, visa, and I-94) like any other employee. Both the student and the employer should be aware of when their work authorization ends.