POTENTIAL EMPLOYERS
YES, YOU CAN HIRE AN INTERNATIONAL STUDENT
BEFORE GRADUATION
In most cases, international students who are pursuing degrees at SUNY Cortland are eligible for internships and other kinds of work experience in their fields of study.
AFTER GRADUATION
Most international students who have completed or are near completion of their degrees are eligible to accept up to 12 months of employment for “optional practical training” experience. Other students are eligible for up to 36 months of “academic training.” It is not necessary for
students to change their immigration status in order to accept either of these types of legal
employment.
EMPLOYMENT PERMISSION
A student’s application for permission to accept employment is initially submitted to the Office of International Programs. Further INS action may be required.
LEGAL OBLIGATIONS IN HIRING AN INTERNATIONAL STUDENT
VERIFYING ELIGIBILITY
SUNY Cortland students or graduates who have applied for and received permission to accept employment will have appropriate documentation of their eligibility to accept employment. Employers are encouraged to consult the Office of International Programs if assistance is needed in determining the employment eligibility of any current or former SUNY Cortland student.
IRCA
The Immigration Reform and Control Act (IRCA) of 1986 says nothing about employment eligibility of international students. For employers, IRCA prescribes specific procedures to be followed in verifying the employment eligibility of every new employee.
INS FORM I-9
The I-9 “Employment Eligibility Verification” form is simply a record that the employer uses to verify the identity and legal employment eligibility of every new employee.
CHANGING STATUS FOR LONGER-TERM EMPLOYMENT
TEMPORARY WORKER (H-1B) AND OTHER STATUSES
H-1B status (for up to six years) is usually an option when an employer wants to hire an
International student in a professional capacity. Changes to other nonimmigrant employment
statuses may also be appropriate. Interested employers apply to the USCIS on behalf of their
employees, often without the need for the services of an immigration attorney.
ADJUSTING TO PERMANENT RESIDENT STATUS
‘GETTING A GREENCARD
Nonimmigrant employment options (such as all of those mentioned above) require less time, expense, and paperwork than ‘getting a green card.’ International students who seek employment in the U.S. after graduation frequently intend to return home after establishing themselves professionally over a period of several years. In such cases, adjusting to permanent resident status is neither necessary nor appropriate.
We welcome questions about the employment of SUNY CORTLAND students. Please do not hesitate to contact us if we can be of any assistance to you.