International Students and the Job Search

This handout is designed to assist you, the international student, with the job search process, given that your immigration status presents a few unique challenges. This guide is in particular targeted towards students in F-1 or J-1 visa status. However, other foreign nationals or those with newly acquired American citizenship may find some of the information included to be both relevant and useful. In addition to this handout, you should feel free to schedule an appointment with a UCS career counselor by calling 434-924-8900.

Department of Homeland Security Employment Regulations for F-1 and J-1 Students

On-Grounds Employment - F-1 and J-1 students are eligible to work on-Grounds for U.Va. part-time (20 hours/week) during the spring and fall semesters and full-time (40 hours/week) during school breaks. J-1 students must first obtain permission from the International Studies Office (ISO) before beginning any employment on-Grounds.

Optional Practical Training (OPT) - Students in F-1 visa status have the opportunity to gain work experience related to their field of study for up to an aggregate of 12 months at the bachelor’s degree level. F-1 students may apply for and receive full-time OPT during school breaks following the first year of university study and/or after the program/course requirements are met. Students wishing to apply for OPT should begin the process with the ISO at least three months before they expect to begin working.

Curricular Practical Training (CPT) - If employment is a necessary component of the degree program, or if employment will be a credit-bearing, integral component of the degree program, Curricular Practical Training may be an option. If possible, we recommend that F-1 students use CPT instead of OPT school breaks. Unfortunately, CPT is often not possible.

Academic Training - J-1 bachelor’s degree students may be approved to engage in up to 18 months of academic training outside of U.Va. or a period of training equal to the time in J-1 status, whichever is shorter. The employment must be directly related to their major field of study.

Non-Immigrant Temporary Work Visa (H-1B) - Some F-1 and J-1 visa holders may be eligible to change their status in the U.S. and acquire H-1B status. In order to qualify for H-1B visa status, the student must first have a job offer with an employer who is willing to file an H-1B petition on his or her behalf with U.S. Citizenship and Immigration Services. H-1B visa status is reserved for individuals in "specialty occupations" which are jobs requiring at least a bachelor’s degree. An attorney is usually hired by the employer, in order to file the H-1B petition on the student’s behalf. J-1 visa holders who are subject to the two year home country residency requirement are not eligible to change to H-1B status without first receiving a waiver of the requirement.

Bulletin: Fiscal Year 2008 H-1B Situation - Every fiscal year, the U.S. government allows about 64,000 new foreign nationals from around the world to gain H-1B status in the U.S. This limit on new H-1B holders is known as the “H-1B cap”. There are a separate 20,000 H-1B numbers available for foreign nationals who earn at least a Master’s degree from a U.S. institution. Also some employers are exempt from the H-1B cap such as institutions of higher education and non-profit research organizations associated with those institutions. New H-1B petitions may be filed as early as April 1 with requested start dates of the following October 1, which is the first day of the new fiscal year. In April 2007, the H-1B cap was reached as quickly as possible, and about double the allotted number of petitions were filed. Petitions were then randomly selected for adjudication.

What we learn from the FY 2008 experience is that if the laws and regulations do not change, there is almost no chance that U.Va students graduating in May will receive an H-1B number the year they graduate, and that it is far from a sure bet to obtain an H-1B number the year after graduation.

TN, H-1B1 and E-3 classifications – Citizens of Canada, Mexico, Singapore, Chile and Australia can often find relief in these classifications. If you will work in a specific occupation and are Canadian or Mexican, you may qualify for TN status. Citizens of Singapore and Chile are given an allotment of H-1B numbers that is separate from other foreign nationals and has never been exhausted. Australians who qualify for H-1B status also qualify for E-3 status and this quota has also never been exhausted.

Employers such as non-governmental organizations and specific employers from treaty countries may be able to sponsor foreign nationals for alternative visa statuses such as G-4, E-1 or E-2. Other options may also be available such as B-1 in lieu of H-1B for students whose income will be paid from an affiliate, subsidiary or parent of the U.S. company abroad, and J-1 status for students who will engage in specific training.

NOTE: If you hold F-1 or J-1 visa status, it is extremely important that you connect with the International Studies Office (Minor Hall, 208) before you begin to seek any form of employment to ensure that you are aware of all applicable restrictions, requirements and deadlines. Plan ahead! For instance, OPT approval may take anywhere from 30-120 days.

Permanent residents (green card holders) are eligible to work in the United States without restriction. The application process for permanent residence is time-consuming and complicated. If you believe you are eligible to apply for permanent residence, contact an immigration attorney for a consultation. J-1 visa holders with a two year home country residency requirement are not eligible to apply for permanent residence without having first received a waiver of the requirement.