Guide to Hiring Noncitizens on Temporary Visas
Created: May 25, 2025
For-profit companies are often looking to quickly hire qualified individuals residing in the U.S. who are noncitizens on a temporary visa. Whether your company is large or small, there are several options which could provide work authorization in a matter of weeks, but this depends on the visa category sought for employment, prep time for filing, whether one pays for premium processing, and if there are unexpected processing delays.1
Below are some common questions and considerations during this process.
How do I hire an international student?
International students typically have F-1 status, and if eligible, may work for a U.S. employer after graduating from a U.S. university. This post-graduation period of “Optional Practical Training” can last up to one year for any graduate, and up to three years for graduates in certain science, technology, engineering, and math (STEM) fields (see the current list of eligible STEM fields).
The employer must provide a letter for the student’s designated school official (DSO) confirming the job title, job site, and compensation, with confirmation that the job offered is connected to the student’s field of study. For a STEM grad, the employer should anticipate the requirements for STEM OPT, that apply during the second and third years following graduation, in order to facilitate a full three-year period of work authorization. These STEM OPT requirements include that the employer participate in E-Verify and confirm that the student’s work will be supervised, evaluated, and directly tied to developing expertise furthering knowledge in the degree field. For STEM OPT, the employer will also have to provide a short, completed Form I-983 with a training plan (see p. 3 of the form) to the university’s DSO, that confirms these basic elements in writing. Once the DSO certifies eligibility, the student files the university certification with U.S. Citizenship and Immigration Services (USCIS) along with an application for an Employment Authorization Document (see Form I-765). If the applicant pays for Premium Processing, USCIS must take adjudicative action within 30 business days.2
More information: USCIS page, DHS page on 12-month OPT (all fields), and DHS page on 24-month STEM OPT extension.
How do I hire a person conducting research?
The J-1 program category for Research Scholars is available for STEM experts at all degree levels who will be engaging in any phase of research and development (R&D) and any type of STEM research, not only post-docs at universities. A company can host a STEM professional contributing to research efforts as a first-time J-1 Research Scholar for up to five years. The individual must be engaged in some part of the research process in order to qualify. In addition to basic research, applied research and development efforts of the type typically conducted by industry can qualify.
To host a J-1 researcher, an employer must work through one of the organizations designated by the State Department as a sponsor authorized to place J-1 researchers at host companies. These organizations include the Institute for International Education (IIE), Council on International Educational Exchange (CIEE), American Immigration Council, Cultural Vistas, and Cultural Exchange Network (Cenet).
More information: State Department page (including FAQs) and ResearcherUSA.
How do I hire a post-doc at a U.S. university?
Most post-docs are on a J-1 visa for Research Scholars, a status that can last up to five years. However, most STEM post-docs engagements at universities last for a shorter period of time (for example, an engineering post-doc period may last for one year, commonly renewed for an additional year). A post-doc researcher can switch to being an employee of a company at any time to work for the remainder of that five-year period, if pursuing research related to the on-campus scholarly activities, and if the university and the company agree.
A university may continue as J-1 program sponsor if a researcher moves off campus to a business employer. “[Universities] must add the additional site of activity in the exchange visitor’s SEVIS [Student and Exchange Visitor Information System] record and may amend the length of an exchange visitor’s program in SEVIS within the category’s [five-year] maximum duration to avail of new eligible sites of activity (e.g., a STEM business).” (See State Dept. FAQ.) Alternatively, if a university does not want to administer its J-1 program for researchers working off-campus, the employer can work with one of the sponsor organizations described above to transfer the individual’s remaining period of J-1 status from the university to the sponsor organization.
More information: ResearcherUSA and State Department FAQs for universities.
Can my potential hire demonstrate “extraordinary ability?”
O-1A status is for individuals who can demonstrate “extraordinary ability” in the sciences, education, business, or athletics, typically by meeting at least three out of eight evidentiary criteria and demonstrating sustained national or international acclaim. An employer can sponsor the individual to work in their area of extraordinary ability for an initial period of up to three years, followed by an indefinite number of up to one-year extensions for the same activity or a new up to three-year period for new activities.
As likely the individual in this scenario is already in the United States in a different temporary status such as F-1 or J-1, then the employer would file a petition with USCIS (Form I-129) requesting a change of status to O-1A with supporting documentation. If the petitioning employer pays for Premium Processing, USCIS must take adjudicative action within 15 business days.
More information: USCIS page, USCIS Policy Manual and STEM researchers O-1A guide.
Can this person do collaborative work with a research institution?
H-1B status is for specialty occupations, which includes most professions that normally require a college degree. This category generally has a limit of six years, in up to three-year increments. Extensions beyond the sixth year are possible if the person meets certain milestones in the green card process. A company can sponsor a person for a first-time H-1B without going through the lottery process, as long as (a) the employer has a collaborative agreement with a nonprofit research organization, governmental research organization, or university, and (b) that person will spend at least 50% of their time working on such collaborative projects. There is no requirement that the qualifying 50% of work be in person for the university, nonprofit research, or governmental research effort.
To hire an individual engaged in collaborative work with a research institution, the employer must be involved in collaborative research efforts with academic, nonprofit, or government research partners. While the individual will be hired as a full-time employee for the company, their job offer must be explicitly to support one or more of these partnerships. In these circumstances, the specific H-1B petition filed can be cap-exempt even though the employer is not. If the petitioning employer pays for Premium Processing, USCIS must take adjudicative action within 15 business days.
More information: 8 CFR 214.2(h)(8)(iii)(F)(4), explained in more detail in the USCIS final rule on Modernizing H-1B Requirements.
Does the person already have H-1B status?
Once an H-1B petition is approved and an individual holds H-1B status working for one employer, the individual can switch to a different employer without going through the H-1B lottery.3 Upon receipt of a change of employer petition by the government, the new employer can hire the individual while awaiting adjudication.
The new employer must have a Labor Condition Application (LCA) certified by the Department of Labor, attesting to the wages paid and terms and conditions of employment consistent with those offered to similarly situated U.S. workers4 and prevailing in the area of intended employment5 for the occupation and skill level. In addition, the new employer must file Form I-129 with USCIS, together with the certified LCA, and supporting documentation. If the petitioning employer pays for Premium Processing, USCIS must take adjudicative action within 15 business days.
More information: FAQs for Individuals in H-1B Nonimmigrant Status (USCIS).
How do I hire someone from Canada or Mexico?
TN status is for professionals who are citizens of Canada or Mexico (see the list of eligible professions). This status can last for up to three years and can be extended indefinitely in up to three-year increments.
The employer must prepare a petitioning letter that lays out the nature of the employer’s business, the job title and duties, job location, and job salary, with special care to evidence how the duties and the beneficiary’s degree satisfy one of the professions on the list of eligible professions. If the individual is already in the United States in another nonimmigrant status, the employer could file a petition with USCIS (Form I-129) requesting a change of status to TN with supporting documentation. If the petitioning employer pays for Premium Processing, USCIS must take adjudicative action within 15 business days. Obtaining a change of status from USCIS avoids uncertainty as to visa issuance for Mexican citizens and as to whether the Mexican or Canadian citizen will be admitted to the United States in TN status.
More information: USCIS page and State Department page.
Note: Because this article is focused on scenarios for rapid entry into employment, it does not go into detail about H-1B cap-subject hiring through the H-1B lottery, which requires an employer to register a prospective employee in March, file a petition in April if selected, and hire the employee with a start date no earlier than October 1. Nor does this article go into detail about green card options, which are subject to various statutory and administrative waiting periods.
For further information from USCIS, see: Options for Alien STEM Professionals to Work in the United States
Sources
- This guide is intended to provide basic general information about some visa categories that provide temporary work authorization. It is not a substitute for independent legal advice supplied by a knowledgeable immigration lawyer familiar with a company’s situation.
- This action may consist of a request for additional information. If that happens, the premium processing timeframe begins again from the date USCIS receives the response. USCIS also has the option of deciding it cannot meet the initial premium processing deadline and refunding the fee.
- If the individual has not been counted against the H-1B “cap,” then they could not work for a cap-subject employer except in collaborative work as described above or in concurrent employment while remaining employed by a cap-exempt employer.
- U.S. workers include U.S. citizens, U.S. lawful permanent residents, asylees, refugees, and other immigrants authorized to work in the United States by the Immigration and Nationality Act or DHS.
- Generally referring to the area within normal commuting distance of the address where the H-1B worker will be employed.