EASY GUIDE TO HIRING FOREIGN GRADUATES

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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
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