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How to Hire an International Student
A Guide for Prospective Employers (cont.)

International students enter the United States using one of two student visas. Most students are classified as F-1 students at NYU. A small number are J-1 students. The primary distinction between the two classifications is that F-1 students usually have private sources of funding, whereas J-1 students often have governmental or international agency funding. Many J-1 students are participants in an exchange program between their university abroad and NYU. Although the primary purpose of F-1 and J-1 student status is study in the United States, both classifications allow for off-campus employment.

How can an international student work off campus?

The regulations allow for practical training for F-1 students and academic training for J-1 students. Both types of work allow for paid employment in the student's field of study at an off-campus location. There are two major differences in how the work permission for each is obtained.

An F-1 student has a maximum of 12 months of practical training, which can be used during and/or after the degree. The application is reviewed and recommended by the OISS, with final authorization from the U.S. Citizenship and Immigration Service (USCIS). There is no paperwork for you, the employer. An F-1 student does not even need a job offer to get this work permission.

A J-1 student has a maximum of 18 months of academic training to use during and/or after the degree, depending on the length of the degree program. The sponsor of the student's J-1 program (often NYU) reviews and authorizes the academic training. A written job offer is required, but there is no additional waiting time for processing by USCIS.

Neither practical training nor academic training requires you, the prospective employer, to complete any forms with USCIS or any other government agency.

Do I withhold tax from the international student employee?

Yes, international students do have taxes withheld from income earned in the United States, with some notable exceptions. F-1 or
J-1 students who have been in the U.S. less than five calendar years are nonresidents for tax purposes. Most NYU international students will be classified as such. A non resident student is exempt from FICA/FUTA (social security/unemployment) withholding.

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