• Immigration/International Students -
    Legal Issues


  • Legal Issues: International Students and Unpaid Internships

     
    International students have to approach internships with caution. Whether an international student in F-1 or J-1 status requires work authorization is not governed by whether the student is paid. An international student may need proper F-1 or J-1 work authorization even for unpaid work. Only if the work is properly “volunteer” unpaid work under DOL rules can the international student perform the work without proper work authorization.
     

    H-1B Visa Filing Date; H-1B Workers’ Spouse Authorization

     
    New H-1B visa petitions can be filed on April 1, 2015. H-4 dependent spouses of H-1B workers will be able to apply for employment authorization starting May 26.
     

    Legal Q&A: Are employers required to interview international students?

     
    Employers are not required to interview an international student who has an F-1 or J-1 visa, even if the student is otherwise qualified for the job. Although employers can refuse to interview or hire international students who do not already have some form of permanent work authorization, most cannot stipulate that U.S. citizenship is a job requirement.
     

    Proposals Seek to Retain Highly Skilled Workers, Extend Authorization to H-4 Dependents

     
    In May, the U.S. Department of Homeland Security (DHS) announced the publication of two proposed rules created to help attract new businesses to the United States and strengthen its work force.
     

    Legal Issues: Interviewing and Hiring International Students

     

    Employers need to know how to determine if an international student will require visa sponsorship—and career services professionals also should be aware of this process so that they can effectively advise these students.