Hiring Laws and International Students

With growing emphasis on talent gaps and the American workforce, the international student population has been increasingly relied on for their high levels of motivation and skill.

Recently, the National Association of Colleges and Employers (NACE) provided a journal article outlining an easy-to-digest version of legal obligations and tips for interviewing and hiring international students.

Most of the business practices discussed center around the nuances of the Immigration Reform and Control Act (IRCA) and Title VII of the Civil Rights Act. For many employers, questions form around what hiring practices are allowed by law. One important note that NACE focuses on is that “…an employer cannot legally limit job offers to U.S. citizens only. An employer may require U.S. citizenship for a particular job only if citizenship is required to comply with a law, regulation, or executive order…”

For most students holding F-1 visas, the student is allowed 12 months of Optional Practical Training (OPT) in the U.S., which does not require the employer to pay for sponsorship. In STEM fields, OPT is extended to 29 months. The WPI international student population can be a very valuable talent pool to draw from considering the strength and programs within the university’s curriculum and the return-on-investment that an employer could see over 29 months.

WPI’s international student population includes 11.8% of the undergraduate population and 37.5% of graduate students (MS/ME/MBA/PhD. For more information and a copy of the NACE Journal article, please visit the NACE website.