What Employers Should Know About Hiring International Students

Many employers are concerned about the issues related to the employment of international students. Rest assured, getting permission for international students to work in the U.S. is not as difficult as many employers expect. American Camp and Work Experience (ACAWE) international students’ are in the U.S. on non-immigrant student visas (specifically J-1 Summer Work Travel Visa s) and are eligible to accept employment under certain conditions .

Minimal paperwork for the employer
Fortunately, there is little paperwork for an employer who hires J-1 students. All paperwork is handled by the students and ACAWE. Typically, most paperwork is already prepared upon the international students’ arrival in the US.

International students can begin work as soon as they apply for their Social Security card
International students are provided with instructions on how to apply for a Social Security card, including information on locating their nearest Social Security office. An international student may have to wait up to 10 days after arrival before applying for their card, depending on the local office. Upon applying for a Social Security card, the Social Security office will provide them with a receipt of application. The receipt is sufficient for the international student to commence employment.

Please see the following page for ‘Frequently Asked Questions’ relating to employment of international students.

^* According to the U.S. Department of State regulations for the International Student Summer Work Travel Program, a J-1 participant cannot be employed as a domestic worker in a household, a childcare provider, a camp counselor or any job that involves door-to-door sales.

Frequently Asked Questions

What is a J-1 Summer Work Travel (SWT) Visa?
The J1 SWT Visa is a nonimmigrant visa issued to the participants of a Summer Work/Travel program which welcomes international students to work in the US during their summer months, learning about our country and promoting cultural exchange. This visa enables the students to enter the USA and work there for 4 months maximum during their summer vacations, and then travel for an additional 30 days, depending on their school schedule.

Isn't it illegal to hire international students because they do not have a green card?
No. Federal regulations permit the employment of international students on J-1 visas within certain limits. These visas allow students to work in jobs related to their major field of study. F-1 students can work on "practical training." J-I students may work on "academic training."

Even if it's legal to hire international students, won't it cost a lot of money and involve a lot of paperwork?
No. The only cost to the employer hiring international students is the time and effort to interview and select the best candidate for the job. In fact, a company may save money by hiring international students because the majority of them are exempt from Social Security (FICA) and Medicare tax requirements. Core Consulting Solutions handles the DS-2019 Certificate of Eligibility and provides guidance on applying for a Social Security card for the J-1 students.

How long can international students work in the United States with their student visa?
Students with a J-1 visa are usually eligible to work up to 4 months during their summer break from university. The Responsible Officer (RO) or Alternate Responsible Officer (ARO) will evaluate each student's situation to determine the length of time for which they are eligible to work.

Don't international students need a Social Security number prior to commencing work?
No. International students must have a receipt that they have applied for a Social Security number prior to commencing employment but they do not need to have the number. For further information, you may visit the Social Security website at www.ssa.gov/employer/hiring.htm.

What does the Certificate of Eligibility form look like?
J-1 students receive a Form DS-2019 Certificate of Eligibility which is issued by the RO or ARO of Core Consulting Solutions lls. . The form is a US Department of State form and is clearly marked with ‘CERTIFICATE OF ELIGIBILITY FOR EXCHANGE VISITOR (J-1) STATUS’. ACAWE can assist all employers with any questions regarding a participants eligibility.

Doesn't an employer have to prove that international students are not taking jobs from a qualified American?
No. American employers are not required to document that a citizen of another country did not take a job from a qualified American if that person is working under a J-1. Employers must document that they did not turn down a qualified American applicant for the position only when they wish to hire foreign citizens on a permanent basis and sponsor them for a permanent resident status ("green card").