EASY GUIDE TO HIRING FOREIGN GRADUATES Thunderbird School of Global Management is the home of an incredibly diverse student body with a solid understanding of today’s multicultural business world. About 70% of Thunderbird students come from outside the US, and bring with them knowledge and expertise from over 148 countries. With an average of 4 years work experience, international students offer a broad range of functional, industry and global experience, and are poised to add value to your organization. HIRING INTERNATIONAL STUDENTS IS SIMPLE International students at Thunderbird typically hold F-1 (foreign student) or J-1 (exchange visitor student) visas. Do not let fear of the simple visa process prevent you from hiring the best and brightest graduates available. International students do not need to be permanent residents (green card holders) to work in the US. It is legal to hire a foreign national as long as the US Citizenship & Immigration Services (USCIS) has granted specific work authorization, and USCIS has made the process much less onerous for international students. Internships Q Can I hire international students as interns? Most international students attending Thunderbird have an F-1 student visa, which may allow them to work as interns. Q As an employer, what do I need to do during the summer? The employer is required to state dates of employment (at least 8 continuous 40-hour work weeks), work location, and provide a brief description of the internship. That is all. Q How about a work visa, what’s the next step? Students who participate in internships apply for Curricular Practical Training (CPT) permission. CPT must be full time and is required to be an integral part of the established curriculum. A student is eligible for CPT after completing 2 trimesters of study. The Thunderbird Designated School Official is authorized by the USCIS to certify this permission for qualified interns once a position has been confirmed. It takes only 5-7 business days to complete the CPT authorization process. Thunderbird completes this work for you. A separate work permit is not needed under CPT. Full-time positions Q What do I need to do in order to hire international students as full-time employees? After graduation from Thunderbird, students with an F-1 visa are allowed to work for up to 12 months under Optional Practical Training (OPT). The USCIS authorizes this work permission upon the recommendation of the Thunderbird Designated School Official. A smaller number of students hold J-1 visas that may allow them to engage in Academic Training (AT). This allows students to work in the US for up to 18 months, or the number of months they are engaged in their academic programs (whichever is shorter), without obtaining work authorization from the USCIS. Under OPT or AT, there is no additional cost to the employer, special procedure to follow or additional forms to complete to hire international students into full-time positions after graduation, although the student does need to apply for a separate work permit which is routinely granted. Thunderbird assists the international student with this process. Long-term employment Q What is the H-1B visa? Employers who want to hire international students for long-term assignment(s) may sponsor them for a work visa. The H-1B visa is the most commonly used work visa and is available to foreign nationals who have at least a bachelor’s degree, and are working in a position that requires at least a bachelor’s degree. Typically, international students will first work for an employer on OPT for up to a year, during which time the process to change to H-1B status can be completed. H-1B Petitions are typically processed in 4 to 6 months. Premium processing will reduce the processing time to 15 days. Thunderbird School of Global Management | Career Management Center 1 Global Place; Glendale, AZ 85306 | +1 602 978-7245 employer.relations@thunderbird.edu | www.thunderbird.edu/employer-relations Long-term employment (cont.) Q What do I need to do to start the process? The H-1B application process is straight forward. The employer petitions USCIS on behalf of the employee, after following these simple obligations: •P ost a notice for 10 days at the worksite stating you are hiring an H-1B worker, providing information about the position. Maintain a public access file, which is defined by the US Dept. of Labor (DOL). •C ertify that you will pay the same wage and benefits provided to US workers in similar jobs, and obtain a labor Condition Application (LCA) from the DOL (process takes 7-10 days, and is not to show unavailability of US workers, which is part of the green card process). •T here is no need to advertise the position, and no need to determine if US workers are available to fill the position. Employer: Labor Condition Application (LCA) submitted online with the U.S. Department of Labor (DOL) 6 6 Employer: File the Form I-129, petition for nonimmigrant worker Employee: Apply for and H-1B visa at a U.S. Consulate With H-1B status, the student is permitted to work for the petitioning company for up to 3 years, at which point the company may extend the status for 3 more years, for a total of 6 years. Q What are the filing fees for H-1B visa? First Petition Employers with more than 25 employees Base filing fee American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee Fraud Prevention and Detection fee Total Employers with 25 or fewer employees $325 $325 $1,500 $750 $500 $500 $2,325 $1,575 *USCIS offers 15 days premium processing for an additional fee of $1,225 First Extension Employers with more than 25 employees Base filing fee Employers with 25 or fewer employees $325 $325 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee $1,500 $750 Total $1,825 $1,075 Some employers use the services of an immigration attorney to process the H-1B petition process, but legal assistance is not required. Some employers have in-house staff who can prepare and submit the H-1B petition. Q Are there any times of the year when new H-1B visas are unavailable? Yes. With just 85,000 (20,000 are reserved for individuals with US Master’s degrees) new H-1B visas available each year, they run out very quickly each year. The USCIS fiscal year starts on October 1st of each year. Employers may submit the H-1B petitions up to six months in advance of the requested starting date, or on April 1st of each year. It is important to submit the H-1B petition well in advance, or the 85,000 quota may be exhausted, and the employer will have to wait for the following year. Bear in mind that in addition to the H-1B visa, there are other visa options available depending on the employee’s citizenship. Q What are some other country-specific working visas? Canada Mexico Australia Chile Singapore TN-1 TN-1 E-3 H-181 H-181 These work visa categories have certain advantages, such as no quotas, quicker processing, and lower fees: • TN (Treaty NAFTA Visa): Duration of stay—3 years with unlimited renewals/extensions for Canadian citizens; 1 year at a time for Mexican citizens) • E-3: No limit to stay. E-3 visa issued for 2 years with unlimited renewals. While in U.S. may obtain unlimited number of 2-year extensions. Q May an employee in H-1B status travel outside the U.S.? Yes. As long as the employee has a valid H-1B visa in the passport and the H-1B status is valid, it is okay to travel outside of the U.S. Q How to transfer a current H-1B to a new employer? Employees with valid H-1B status may transfer his/her H-1B status and start work for a new employer/company as soon as an H-1B transfer petition is ‘submitted’ to USCIS by the new employer. The employee does not have to wait to commence employment with the new employer until the H-1B transfer is approved, but it is generally a good idea to wait for proof of receipt by USCIS. H-1B transfers are not subject to the annual quotas and can be filed at any time of the year. Normally, USCIS requires 3 to 4 months to process an H-1B transfer or “change-of-employer” petition. Q What should I do if I want to apply for permanent residency for my employee? An employer may sponsor a foreign national employee for U.S. permanent residence, or the “green card.” The length and costs of the process vary depending on the position offered to the employee, his/her education and professional experience, and his/her country of birth and citizenship. We encourage you to seek the advice of an immigration attorney for additional information. STILL HAVE QUESTIONS? Visit the US Citizenship and Immigration Services (USCIS) website: www.uscis.gov Email Thunderbird’s Career Management Center: employer.relations@thunderbird.edu Thunderbird is a unit of the Arizona State University Knowledge Enterprise