U.S.

Visa Options For Interns: An Overview

1. Foreign students inside the U.S.

A. F-1 Students
Under Curricular Practical Training or
Optional Practical Training

B. J-1 Students
Under Academic Training
2. Foreign students and recent graduates outside the U.S.
Under the J-1 Internship or J-1 Training
3. Continuing Employment After U.S. Internship Program

A. Employing F-1 Students

F-1 students may be allowed to seek off-campus employment
after the first academic year through practical training.
There are two types of practical training:
1. Curricular Practical Training (CPT)
2. Optional Practical Training (OPT)

A. Employing F-1 Students - Under CPT Internship

Curricular Practical Training (CPT) is alternative work/study or

internship offered by sponsoring employers through
co-operative agreements with the school.

The employment or internship must be a part of an established

curriculum at the students school of higher education.

Employers who wish to engage foreign students as interns

should speak to the respective schools as CPT must be part of
an established curriculum.

A. Employing F-1 Students - Under OPT Internship

Optional Practical Training (OPT) is temporary employment that

is directly related to an F-1 students major area of study.

OPT may generally not exceed 12 months except in certain

circumstances where STEM students may extend for an
additional 17 months.

An F-1 student may be authorized to participate in OPT

1. During studies (Pre-Completion OPT), and/or
2. After completion of studies (Post-Completion OPT).

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B. Employing J-1 Students - Under Academic Training

J-1 students may be eligible to be employed in areas related to

their academic field of study under Academic Training (AT).

AT may occur during and after the completion of studies, and

the duration can vary but cannot be longer than the academic
program.

AT is generally part-time during the academic year. During

vacations, J-1 students may engage in AT full-time or part-time.

C. Employing Foreign Students Outside the U.S.

Employers may employ foreign nationals under

J-1 internship or training if:

1. The foreign national student is pursuing a degree outside

the U.S. or
2. The foreign national has recently graduated from a college
or university outside the U.S.

C. Employing Foreign Students - Under J-1 Internship

Under a J-1 internship program, foreign interns are permitted to

work in the U.S. for up to 12 months.

To be eligible, the foreign student:

a. Must be currently enrolled in and pursuing studies outside
the United States, or
b. Must have graduated from a college or university outside
the United States no more than 12 months prior to the
U.S. internship start date.

C. Employing Foreign Students - Under J-1 Training

Under a J-1 training program, foreign interns may be permitted

to work in the U.S. for up to 18 months

To be eligible, the foreign national:

a. Must have graduated from college or university, or have a
professional certificate and 1 year of experience abroad, or
b. Must have 5 years of related experience abroad.

C. Employing Foreign Students - Under J-1 Internship or Training

Under a J-1 internship or training program, interns cannot work:

In positions that require more than 20 percent clerical or

office support work
In unskilled or casual labor positions
In positions that require or involve childcare or elder care, or
In positions that involve medical patient care or contact

D. Continuing Employment After Internship Program

It is not uncommon for employers to want to offer employment

and hire bright interns upon completion of the internship
period.

Employers who wish to hire a foreign intern for a long-term

position must keep in mind a few additional factors, make
suitable plans and take timely steps to ensure that there is no
break in employment.

D. Continuing Employment After Internship Program - F-1 Students

In the case of F-1 students who are on OPT, the employment

authorization terminates at the conclusion of the authorized
practical training.

In order to have these students continue employment beyond

such period, the foreign national and the employer must
petition to change the foreign nationals status.

The most popular work visa option is the H-1B visa.

NOTE: The H-1B petition must be filed before the OPT expires in order to
ensure continuity of employment.

D. Continuing Employment After Internship Program - J-1 Students

A two-year residency requirement may be applicable to some

J-1 visitors.

Interns subject to this requirement will be required to return to

their home country for 2 years at the end of their program.
NOTE: They will generally not be able to change to H status until they

have spent 2 years outside the U.S., or have obtained a J-1 waiver of the
requirement.

D. Continuing Employment After Internship Program - J-1 Students

If the J-1 visa holder does not have the 2-year residency
requirement, the employer must petition to change the foreign
nationals status.

The most popular work visa option is the H-1B visa.

NOTE: Unlike for F-1 OPT, there are no special Cap-Gap provisions.
The H-1B must be timed precisely to avoid any gaps of employment.

THERE ARE SEVERAL U.S.

INTERN VISA OPTIONS AVAILABLE.
The employer and foreign students situation must be carefully analyzed
before arriving at any conclusion on what would be
the most appropriate visa option for their situation.

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WHICH INTERN VISA IS THE MOST SUITABLE?

Contact VisaPro Law Firm today for a

FREE Visa Assessment

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About VisaPro
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