Information For Employers of International Students
Brochure about Curricular Practical Training (CPT)
Brochure about Optional Practical Training (OPT)
The majority of the following information is geared towards situations with international students on an F-1 visa. Should you have questions about students on a J-1 category, please contact our office regarding the eligibility of a J-1 Student visa holder interning or being hired in your office.
Internships for international students on F-1 (student) visas are allowed under immigration regulations which permit curricular practical training. As described in the Code of Federal Regulations [8 CFR 214.2(f)(10)(i)], this employment is "alternate work/study, internship, (or) cooperative education" which is "an integral part of the established curriculum." Old Dominion University offers all students the opportunity to undertake internships as part of their degree programs, and this is the area of federal law which permits F-1 visa students to participate in such learning experiences.
As curricular training is considered a part of the student's course of study, and permission is given only for a specific employer and not for employment in general, students on curricular training are not required to obtain the I-688B, Employment Authorization Document, which is required by most other non-resident aliens who may work. Instead, the regulations specify that an authorized official at the student's school may evaluate the application for training and, if it meets the requirements of the law, endorse his/her immigration document (called Form I-20) with the specific training approval [8 CFR 214.2(f)(10(i)]. This endorsement will state the conditions on the practical training.
If the student is authorized for part time curricular training, he/she may work not more than 20 hours per week during the period for which training has been approved. Students who have been authorized for full time training may work any number of hour desired by the employer.
Curricular training is granted for a specific employer, which is also noted on the endorsement. If a student wishes to change employers for his/her training, he/she must get permission from the University for the new employer and have the I-20 endorsed with the change.
Curricular training is also granted for specific dates, generally corresponding to the University's academic terms. Many times this authorization can be extended, but the student must complete a new application with the Office of International Student & Scholar Services for the extension.
Completing the I-9
This is actually a simple matter for the employer of a student on curricular practical training. You can use either a driver's license or the student's passport as an identifying document in column B and the student's I-20 with endorsement as showing work authorization in column C. The document title is "I-20;" issuing authority is "Old Dominion University;" document # is the 11-digit admission number in block 1; expiration date is the date the endorsement on page 4 of the form expires. (Note: students are given only pages 3 & 4 of the I-20. Pages 1 & 2 are sent to the Immigration Service for data collection.)
Taxes
If the student has been in the United States for five or fewer years, authorized employment under curricular practical training is exempt from FICA (Social Security) taxes for both the student and employer. (Section 3121 (b)(19) of the Internal Revenue Code of 1986) IRS Publication 515 (Withholding of Tax on Nonresident Aliens and Foreign Corporations) provides further information on taxation.
Questions
The Office of International Student and Scholar Services (ISSS) is always glad to answer questions from an employer of a student on curricular training. Please feel free to e-mail us or call us at (757) 683-4756.