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Attorney Vincent Lau shares his expertise on hiring an OPT
When an engineering firm hires an OPT, what should they know?
Q: I run a small engineering firm. I posted a job on a job board, and I am getting a lot of “OPT” students. I looked online but I am confused about OPTs, EADs, etc. I am not sure if I must pay them a specific wage or help them with housing or similar benefits.
Can you explain?
A: Congratulations on receiving a lot of responses regarding your engineering opportunities. Although the unemployment rate in Massachusetts remains low, it has climbed a bit over the past year. Currently the unemployment rate is 4.4% in Massachusetts. Hiring is still a challenge, and in some cases, candidates are receiving multiple offers. Engineering talent is in demand in most industries, from biotech to manufacturing.
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Many employers will post on a wide variety of job boards to attract candidates. Some companies will also consider candidates sourced through employee referrals and careers services offices at area colleges and universities.
To better explain what an OPT is, I consulted Vincent Lau Esq., Managing Partner of the Boston-based firm, Clark Lau LLC. Attorney Lau is a seasoned immigration attorney who provides counsel and expertise to employers when they are considering hiring or transferring employees who may require visas. Broadly, a visa can be defined as permission to enter a country to work, study or travel, usually for a specific period of time.
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Lau explains “OPT stands for Optional Practical Training, which is a feature of the F-1 visa available to international students, usually upon the completion of their coursework. This [technically not a visa so I would delete the word “visa”] gives these recent graduates permission to work in their field of study in the US, for a brief period of time. Once a student is given the recommendation for OPT by their school, they will need to apply to the US government for an Employment Authorization Document (EAD). These candidates must show you their EAD before they can work for you. Most of these graduates can work while on an OPT for 12 months after graduation. However, those with degrees in a STEM (science, technology, engineering, and mathematics) field may sign up for 24 more months of OPT afterwards if their employer uses E-Verify and abides by a pre-approved training plan.” E-Verify is an online system that allows employers to confirm the employment eligibility of new hires in the US. Further, Lau shares that you have “an obligation as an employer to treat an OPT hire in a consistent manner as other hires, which would include following any state and federal minimum wage requirements.” You would also need to offer OPT hires similar benefits as other employees. You are not required to provide OPT hires with housing, relocation, or other similar benefits, unless you offer these benefits to other hires in comparable roles.
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At the end of the OPT period, your employee will have to explore other options to remain compliant with federal requirements in the US. This employee may consider returning to college to pursue an advanced degree, or the employee may be able to explore another type of visa. If the OPT expires, this employee will be allowed a 60-day period to remain in the US. In general, a person cannot work during this 60-day grace period.
The US Citizenship and Immigration Services (USCIS), www.uscis.gov
is a helpful site to bookmark to track any changes when you are considering hiring employees who may be on a visa. You can also contact immigration counsel regarding options and the processes involved with hiring foreign nationals.
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