Guide to Hiring International Graduates

U. S. law provides several ways for employers to hire international college graduates.  For example, CIS (formerly INS) issues tens of thousands of H-1B work visas each year.  In addition, graduates of U.S. institutions on F-1 visas are eligible for one year of “practical training” and are hired regularly by U.S. employers.

Two Common Mechanisms for hiring International Graduates:

1. Practical Training – This allows up to twelve months of employment after graduation for students in F-1 student visa status.  The student need only obtain permission from the university international student advisor, and a work authorization card from the CIS.  Some students (on J visas) may even be eligible for up to eighteen months of training without even getting a work authorization card from the CIS.  The university can provide additional information.

·        Timing: Graduates can begin working immediately upon receipt of the work authorization.

·        Cost:  No cost to the employer.  The student pays $175 filing fee to CIS to get card.

·        Employer Obligations:  Treat employees on practical training just like other U.S. employees in terms of pay, discipline, termination, etc.

2. H-1B Visas – This is an extremely popular work visa available to foreign nationals who have at least a U.S. Bachelor’s Degree or foreign equivalent and will be working in a job that requires at least a Bachelor’s Degree.  The employer must submit a visa petition to the CIS and approvals can take as little as two weeks.

The Employer must:

o       Post a notice for ten days at the worksite stating that you are hiring an H-1B worker, and provide information about the job.  Maintain a public access file.

o       Pay the same wage and benefits provided to U.S. workers in similar jobs.  In certain circumstances they should pay for return transportation.

o       There is no need to advertise the position, and no need to determine if U.S. workers are available to fill the position.

·        Timing:  Normal processing times can vary depending on the work location, however, CIS has special ‘premium processing’ which guarantees processing in 15 days.  This processing requires an extra $1,000 filing fee.

·        Cost:  CIS’ normal filing fee for private employers is $185.  All other costs (including attorneys’ fees which will typically average $1,500) may be paid in certain circumstances by either the employer or the employee.  Premium processing (15 days) has an additional $1,000 filing fee to CIS.

Source: Reed Smith, LLP Immigration Practice Group- Richmond, VA; Mark Rhoads, Esquire; Helen L. Konrad, esquire; Eliot Normal, Esquire; Laura Khathcheressian, Esquire, Philadelphia, PA; Min Suh, Pittsburgh, PA; Mark Knapp