How To Hire OPT Students?

International students in the USA have high hopes for their future as they wish to get the most out of their college education. They often participate in various internships, undertake volunteering, and employment opportunities off-campus or on-campus. To hire OPT students can be good for the organizations that want to hire candidates only to meet temporary business needs as well as the business target. Companies hire international students because they are the fresh talent that the organization needs to full-fill the demands of that particular industry with less investment. The students also do not want to miss out on any opportunity to get valuable experience, strengthen their C.V.s, earn extra money, and learn new life skills.

While recruiters plan to hire international students, they need to know the various rules and regulations they need to follow, set by the United States of America. International students usually enter the USA on an F-1 visa that allows them to work under OPT while they are still pursuing their degree as well as after completion of their degree. Unlike H1B hiring OPT students does not cost an employer much. They just need to check, verify, and provide a few documentations to the candidate as well as the authorities during the procedure. And so this guide will help you understand what all you need to do to hire OPT students.

For start companies that hire international students need to know what visa they are on and when they can be hired to avoid getting into trouble. All international students who are neither U.S. citizens neither permanent residents need to enroll in an academic program under an f1 visa. But most of the students are F-1 visa holders and can work under CPT, pre-completion or post-completion OPT or STEM OPT extension. While hiring international students, employers need to make sure that international students have obtained work authorization.

What is F-1 Visa?

International students need to have an F1 visa to pursue a degree or be a part of an exchange program in the United States. The non-immigrant students need to apply for degree programs like BSc, MSc, Ph.D., MD, and other exchange programs while on an F1 visa. Documents for F1 visa includes form I-20, F-1 visa, I-94 card or Electronic I-94 record, and Admission Stamp.F1 students must be enrolled in a full-time academic course for at least nine months before they file an application for work authorization. Here are the few basic details employers need to go through.

Details on OPT candidates:

Companies that plan to hire OPT students for filling their temporary and/or part-time vacancies need to know about the details of OPT employment.

• International students get a total of 12 months of employment period for performing of OPT job. These 12 months can be consumed by the candidate into two parts, during the degree and after completion of the degree.
• OPT employment during the academic year is called pre-completion OPT, and employment after completion of the degree is called post-completion OPT.
• Pre-completion OPT permits international candidates to work in the USA even while they are still pursuing their degree to gain professional expertise in their area of study. With a pre-completion OPT, candidates can work part-time for 20 hours a week during the session and full-time for 40 hours a week during a session break.
• Post-completion OPT allows international students to work in the USA after completion of their degree. Post-completion OPT candidates can work for full-time that is 40 hours a week, directly in the major area of their studies. During post-completion OPT, you are eligible to work for multiple employers, but they all should be related to the major area of your study.
• The period of which students work on pre-completion OPT is deducted from the period allowed to the international student to work on post-completion OPT.
• To calculate this period, the duration of a part-time OPT job is converted into the duration of a full-time OPT job by dividing it by 2. So, 8 months of part-time OPT becomes 4 months of full-time OPT.
• International students who belong to the STEM field can also work on STEM OPT extension of 24 months after the post-completion OPT for at least 20 hours in a week.

How to hire OPT students?

The employer, before hiring international OPT students, needs to check on specific documentations that need to be collected as well as submitted by the employer. Employers need to understand that they are just one of the links in the long chain of paperwork and formalities to be completed for hiring OPT students. Other links are the student, educational institution, and the USCIS. So here are the forms you need to know about.

• Form I-765 and Form I-20: Students to begin the process need to submit Form I-765. Based on the information mentioned in Form I-765 the (DSO) of the university in which student is enrolled will issue Form I-20. Form I-20 is considered as the employment endorsement document and shall take 2-3 weeks to be processed.
• Employment Authorization Card (EAD): EAD is the work permit issued to the student to work in the USA. It contains the start date and the end date of the OPT employment. EAD can be applied without a job offer. And so the employer needs to check the end date of the EAD card while hiring the candidate.
• Offer Letter: When the candidate applies for pre-completion or post-completion OPT authorization, they need to have an offer letter. So an employer you need to professionally draft an offer letter to the OPT candidates working in your company.
• Form I-9: Employer to hire OPT candidate need to complete and retain Form I-9, which is considered as a proof of identity verification of employees. The employer needs to collect the EAD of OPT students for filling the information in Form I-9. The employer needs to mention the card number and the expiration date in Form I-9.

Apart from the documentation, companies who hire opt students need to make sure that they implement a proper training plan that is properly implemented through daily activities carried out by students in your organization. Also, you, as an employer, need to update Form I-983 every 12 months and when the student changes the employer.

An employer should keep sufficient proof in the form of time-sheet entries to show the remuneration, performance, shift timings, work hours, and leave a record of OPT students. Also, an employer needs to make sure students have a social security number (SSN) or have applied for the one after joining your organization.

 Hiring STEM OPT students:

While hiring STEM graduates, no employer sponsorship is required. But to employ OPT STEM students, the employer must need to follow certain criteria while the student works with them.

• The employer should be enrolled in an E-verify program.
• The compensation given to STEM OPT extension students must be equal to the U.S. citizen with the same qualification in a similar position.
• The student’s I-983 training plan must be reviewed and signed off by the direct supervisor.
• If there are any changes made in the student’s job plan post recruitment, the supervisor needs to review and sign-off the new I-983 training plan.
• The student gaining practical training under STEM OPT extension needs to complete two self-evaluation, one at mid-term and one by the end of the employment. The supervisor must review them and sign off the self-evaluation whenever required.
• Due to any reason, if the student’s employment is terminated before the end of the OPT extension, the employer needs to notify OIA. The report has to be submitted within five business days.

The international student on STEM OPT extension needs to work at least 20 hours a week. The STEM OPT extension process might take 3 to 4 months. The application for STEM OPT extension must be submitted before OPT expiration. Once the STEM OPT is approved, the international students need to issue an EAD card as proof for the work permit.

Employers, while hiring any international student on F-1 visa needs to be highly dedicated to providing proper training to the candidate throughout the program for completing the I-983 Training Plan, and multiple follow-up progress reports.

The employers should meet these criteria and make sure the international student has all the approvals needed to work and earn in the USA. Hiring international students broadens the diversity and ideas that an organization receives to increase a better understanding of the global market. Using international student’s knowledge of other cultures and their network profoundly will increase the organization’s growth.