International students are an extraordinary addition to any company. At HBS they represent over a third of the MBA population and come from more than 70 countries. In an increasingly global marketplace, competitive organizations are pursuing global competency as a key attribute in their hiring, so this is a pool of talented professionals you should not overlook.

There are common misperceptions and this information will allow you to navigate the world of US business immigration.

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All international students are eligible for US work authorization after the first year of the MBA program and none requires visa sponsorship from your organization to work in an internship. Most students hold F-1 status and qualify through a grant of Curricular Practical Training (CPT). Those in J-1 status qualify for Academic Training (AT). Work authorization is issued by Harvard so hiring international students requires no more paperwork than when you hire US workers.

Upon graduation, all F-1 students have US work authorization for 12 months through a grant of Optional Practical Training (OPT). In addition, many international students opt into the Management Science track through course selection and demonstrate a commitment to STEM-focused careers. An added benefit for these F-1 international students is eligibility for a two-year extension of their Optional Practical Training (OPT). When paired with a STEM designated role after HBS, this academic track qualifies F-1 international students for a total of 36 months of work authorization in the US after graduating. Our J-1 students have up to 18 months of Academic Training (AT).

All students are able to work in any professional business function and employers do not need to interact with the US government to secure work authorization. There is no cost to employers and this is the first step to ensuring a smooth transition to full-time worker. It is then easy to convert these workers to long-term hires at your company.

The H-1B category is the most common long-term work visa but it may be just one option for you. In fact, each year more than 25,000 US companies employ at least one international worker in H-1B status.

H1-B Specialty Occupation

• Professional position that requires at least a bachelor’s degree
• Annual quota of 85,000 new H-1B visas with 20,000 reserved for individuals who hold advanced degrees from US universities
• Individuals who previously held H-1B status not subject to cap
• A total of 6 years is generally permitted for H-1B professionals

TN, E-3, & H-1B1 Free Trade Agreement

• Individuals from:
  • Canada (TN)
  • Mexico (TN)
  • Australia (E-3)
  • Singapore (H-1B1)
  • Chile (H-1B1)
• No limit on the amount of time a person can work in a TN or E-3 status
• A total of 6 years permitted for H-1B1 professionals

L-1 Intracompany Transfer

• Must have worked at least 1 year in the past 3 for a foreign entity of a company that has a US office
• No numerical limit on the number of L-1 visas issued
• A total of 5 years is permitted for L-1B employees (specialized knowledge) and 7 years for L-1A managers/executives

O-1 Extraordinary Ability

• Extraordinary ability in the sciences, education, business, arts or athletics, with sustained national or international acclaim
• No numerical limit on the number of O-1 visas issued
• No limit on the amount of time a person can work in O-1 status

Transitioning an international employee to a permanent hire is also straightforward. The most common route to a Green Card is through Labor Certification. It requires an employer to first test the US labor market through a variety of standard recruitment methods (see below).

The recruitment period lasts from 1 to 6 months and, once complete, the employer submits the labor certification application to the Department of Labor (DOL). The DOL certifies the application in 9 to 12 months, allowing the employer to file the Green Card petition with the immigration service.

To demonstrate that an employer has adequately tested the US labor market, the DOL requires that an employer place 2 Sunday print newspaper advertisements for the offered position and also document at least 3 of the following additional recruitment efforts:

• Posting the position on the employer’s web site
• Participation in Job Fairs
• Posting of the position on job search web sites. This can include the internet version of the required newspaper advertisement.
• Participation in on-campus recruiting events (HBS campus presentations and/or interviews)
• Posting with trade or professional organizations
• Having an established employee referral program with incentives
• Posting job announcements with campus career offices (HBS recruiting platform)
• Advertising job openings in local and ethnic newspapers
• Advertising job openings in radio and/or TV ads