International Candidates

International students do not require visa sponsorship on the part of your organization to work legally in the U.S. while on an internship during their studies.

International students are eligible for U.S. work authorization after completing their first year if they are MBA students or after the first three academic quarters if they are MSx students. Most GSB international students are F-1 visa holders and qualify for Curricular Practical Training (CPT). Students under J-1 visa qualify for Academic Training (AT). In both cases, work authorization is initiated by the student and is issued by Stanford in 10 days or less with no additional paperwork or cost to the employer. This is essentially the same as when you hire domestic students.

IMPORTANT: Students on CPT are not permitted to begin their employment until their work authorization has been approved and the start date has been reached. Working even one day without proper work authorization can have severe consequences on the student’s immigration status.

International students have at least 12 months of U.S. work authorization after graduation during which time they do not require visa sponsorship from your organization.

After graduation, students under F-1 visa qualify for at least 12 months of U.S. work authorization under Optional Practical Training (OPT). Students in J-1 status have up to 18 months of Academic Training (AT). he OPT work authorization requires no additional paperwork or cost by the employer. The application is initiated by the student, endorsed by the university, and formally granted by the U.S. Citizens and Immigration Services in a process that takes approximately 3-4.5 months to be approved. The Academic Training (AT) employment authorization is issued by the J-1 sponsor. If Stanford University is the J-1 sponsor, the Academic Training is issued within 10 working days of receiving the application from the student.

Students who have earned a degree in a STEM-designated field may be eligible for an additional 24 months under the OPT STEM Extension. MBA and MSx graduates who are being awarded a dual or joint degree in a science, technology, engineering or math (STEM) field may qualify. STEM OPT carries additional employer requirements

IMPORTANT: Students on OPT are not permitted to begin their employment until their work authorization has been approved and they have received their Employment Authorization Document. Working even one day without proper work authorization can have severe consequences on the student’s immigration status.

International students seeking to stay in the U.S. after OPT or AT have various visa and permanent immigration options. Most employers are familiar with the H-1B visa for professional jobs, which is the most common, but is only one of many visas that may be available. Here are some common solutions:

H-1B: Specialty Occupation

• The H1-B is an employer-sponsored temporary work visa for foreign nationals employed in a “specialty occupation.” These are jobs that normally require at least a four year or higher degree
• Duration: up to 6 years is generally permitted
• There’s an annual lottery in April for a quota of 85,000 for new H1B visas with 20,000 reserved for advanced U.S. degree holders like the MBA and MSx. In 2019, 190,000 petitions entered the lottery
• Eligibility criteria include: job requires the application of a body of highly specialized knowledge to fully perform the required duties, job requires a bachelor’s or higher degree, salary is at least prevailing wage level
• Employers are not required to document or prove that a citizen from another country will not take a job from a qualified American
• Individuals who previously held H-1B status are not subject to the annual quota
• H1B is a common step, but not required, for obtaining permanent work authorization via a Green Card
• H1B cost to employer: ~ $7,000

Treaty Based Visas: TN, E-3, H-1B1

Students from the countries that have qualifying free trade agreements can obtain H1B-like benefits without being subject to the annual H1B visa lottery. The student must be a citizen of:

• Canada (TN) - no time limit
• Mexico (TN) - no time limit
• Australia (E-3) - no time limit
• Singapore (H-1B1) - Up to 6 years in duration, not subject to visa lottery
• Chile (H-1B1) - Up to 6 years in duration, not subject to visa lottery

Extraordinary Ability: O-1

Students with documented “extraordinary ability in the sciences, education, business, arts or athletics, demonstrated by sustained national or international acclaim.”

• High level of documented accomplishment required
• No limit on the number of O-1 visas issued
• The O-1 can usually be extended indefinitely

Intracompany Transfer: L-1

• Student must have worked at least 1 year in the past 3 for a foreign company with an intra-company relationship to the U.S. employer
• No limit on the number of L-1 visas issued
• Duration: L-1B (for employees with specialized knowledge) allows 5 years and L-1A (for executives or managers) allows up to 7 years
• L-1A is convertible to Green Card
• Spouse eligible for U.S. work authorization

Transitioning an international student to a permanent hire is often done in conjunction with a visa, but increasingly employers pursue this path as early as when international students are on OPT or AT. In most cases, employers seeking to hire foreign employees on a permanent basis are required to obtain a “Labor Certification”. The certification requires an employer to first test the U.S. labor market through a variety of standard recruitment methods (see below).

Labor Certification, popularly known as PERM (Program Electronic Review Management), is handled by the Department of Labor (DOL) and takes about 7-12 months, including the mandatory recruitment efforts. After the DOL certifies, the employer files the immigrant visa petition with the USCIS. International students apply for permanent resident status when the visa is available. There are numerical limits based on immigrant visa type and place of birth and processing times vary. Processing times are typically longer for International Students born in India and mainland China.

PERM Recruitment Requirements

Actively recruiting at the GSB satisfies one of the PERM recruitment requirements.

To demonstrate that an employer has adequately tested the U.S. labor market, the DOL requires that an employer place two Sunday print newspaper advertisements for the offered position and also document at least three of the following additional recruitment efforts:

• Posting the position on the employer’s web site
• Participation in Job Fairs
• Posting of the position on job search websites. This can include the internet version of the required newspaper advertisement.
• Participation in on-campus recruiting events
• Posting with trade or professional organizations
• Having an established employee referral program with incentives
• Posting job announcements with campus career offices (CareerHub)
• Advertising job openings in local and ethnic newspapers
• Advertising job openings in radio and/or TV ads