If you're an IT professional whose right to work in the U.S. depends on a visa, you've probably noticed that "do you sponsor?" and "are you on OPT?" are often the first questions a recruiter asks. Understanding these categories — and how to talk about them clearly — is one of the highest-leverage things you can do for your career.

This guide covers the four most common work authorizations we see in IT staffing: H-1B, OPT, CPT, and EAD (including H-4 EAD and L-2 EAD). It's not legal advice — for that, talk to an immigration attorney — but it's a practical primer that will help you have better conversations with employers.

Important disclaimer: Immigration law is complex and changes frequently. This article reflects general practice as of 2026 and is for educational purposes only. Always consult a licensed immigration attorney for specific guidance about your situation.

OPT (Optional Practical Training)

Who has it: Recent graduates of U.S. universities on F-1 visas, typically with a STEM degree.

How long it lasts: 12 months base; 24 additional months if you have a STEM degree and your employer is E-Verify enrolled. Total: up to 36 months for STEM grads.

How it works: OPT is an authorization for employment directly related to your field of study. You can work for any employer in the U.S. (W2, full-time, part-time, or contract) as long as the role aligns with your degree.

What employers need to know:

  • OPT doesn't require employer sponsorship. The employer doesn't file any paperwork.
  • For STEM OPT extension, the employer must be enrolled in E-Verify and sign a training plan (Form I-983).
  • OPT employees are W2 employees of the staffing firm or direct employer. No C2C / 1099 arrangements.
  • Unemployment limits: OPT holders can only be unemployed for a cumulative 90 days during initial OPT (150 days during STEM extension). Long gaps risk status.

What consultants on OPT should highlight:

  • Your OPT start date and end date
  • STEM-eligible degree (if applicable)
  • EAD card number and validity
  • Willingness to discuss future H-1B sponsorship (most OPT holders eventually need this)

CPT (Curricular Practical Training)

Who has it: Current F-1 students whose curriculum requires or strongly recommends practical training as part of their degree program.

How long it lasts: Authorized in semester or term increments while the student is enrolled. Full-time CPT exceeding 12 months disqualifies the student from OPT after graduation.

How it works: A Designated School Official (DSO) at the student's university authorizes employment for a specific employer for a specific duration. The authorization shows on the student's I-20.

What employers need to know:

  • CPT is employer-specific — you can't transfer a CPT authorization between jobs without going back to the DSO.
  • The student's I-20 must list your company. Verify the dates and employer name match exactly.
  • CPT students are still students. Their school must approve continuing the work.
  • Day-one CPT (immediate work authorization upon enrollment) is highly scrutinized. Be cautious about programs marketed as "day-one CPT only."

H-1B (Specialty Occupation Visa)

Who has it: Foreign workers in specialty occupations requiring at least a bachelor's degree. Most common visa for senior IT consultants in the U.S.

How long it lasts: Initial 3-year period, renewable to 6 years total. Extensions beyond 6 years are possible if a green card I-140 is approved or in advanced processing.

How it works: The employer files an H-1B petition with USCIS, including a Labor Condition Application (LCA) certifying that the prevailing wage will be paid. The petition is employer-specific.

Key things every H-1B holder should know:

  • You can transfer your H-1B to a new employer. The new employer files an H-1B transfer petition; you can start work as soon as USCIS receives the petition (no need to wait for approval). This is called "H-1B portability."
  • You cannot work on a C2C basis with your own LLC. H-1B requires a clear employer-employee relationship. Working through your own corporation is a common violation that creates serious immigration risk.
  • 60-day grace period. If you lose your job, you have 60 days to find new employment, change status, or leave the U.S.
  • Public Access File. Your employer maintains a public file documenting the LCA and your terms of employment.

For staffing firms: An H-1B placement requires a bona fide employer-employee relationship. Itinerary letters from end clients are usually required when the consultant works at multiple worksites.

EAD (Employment Authorization Document)

"EAD" is the physical card — the underlying status determines what you can do.

H-4 EAD

Spouses of H-1B workers may be eligible for an EAD if the H-1B spouse has an approved I-140 (an immigrant petition, typically the second step toward a green card). H-4 EAD holders can work for any U.S. employer, including starting their own business — there are very few restrictions.

L-2 EAD

Spouses of L-1 visa holders are now automatically work-authorized (since 2022) — they don't even need to apply for a separate EAD card in most cases. The L-2S admission stamp itself authorizes employment.

Other EAD categories

Asylum seekers, refugees, U-visa holders, TPS (Temporary Protected Status) holders, and certain other categories may have EAD authorization. Each has different rules about renewals, employer obligations, and travel.

What recruiters wish candidates would do

  • Lead with your status clearly. "I'm on STEM OPT through August 2027, then I'll need H-1B sponsorship" is much more useful than "I have work authorization" or worse, dodging the question.
  • Carry your documents. EAD cards expire. I-94 records change. Have current copies organized in a folder. Recruiters who get a clean documentation packet move faster than recruiters who have to chase paperwork.
  • Know your end dates. "My EAD expires in March" is different from "I need to renew sometime soon." Specifics build trust.
  • Be honest about transfer history. If you've had multiple H-1B transfers in quick succession, USCIS may scrutinize the next petition. Don't hide it — recruiters will find out.

What employers wish candidates would understand

  • Not every employer can sponsor H-1B. Smaller firms or firms without immigration counsel may not have the bandwidth. Asking "do you sponsor?" upfront saves everyone time.
  • The cap matters. H-1B new filings happen once a year (April registration, October start) and are subject to a 65,000 + 20,000 master's cap. Cap-exempt employers (universities, nonprofits) don't have this constraint.
  • Premium processing is real but costs money. Premium processing accelerates a petition to 15 business days but costs an additional $2,805 (as of 2026). Some employers pay; some pass it to the candidate.

Common myths debunked

Myth 1: "H-1B is impossible to get." Reality: it's competitive but not impossible. Roughly 1 in 3 registered candidates win the lottery in normal years.

Myth 2: "OPT consultants are second-tier." Reality: OPT consultants are often top graduates from U.S. universities. Many of our best placements have been OPT-stage.

Myth 3: "You can work on a 1099 if you have an H-1B." Reality: this is one of the most common compliance violations and risks loss of status. H-1B = W2 only with the petitioning employer.

Myth 4: "Once you're H-1B, you're stuck with one employer." Reality: H-1B portability lets you transfer to a new employer relatively easily. You don't need to start over.

Arche Resources's approach

We work with consultants across all of these categories — H-1B (including transfers from current employers), STEM OPT, CPT (selectively), H-4 EAD, L-2 EAD, GC (green card), and U.S. citizens. Every placement is W2 with Arche, fully compliant, and properly documented.

If you're navigating a visa transition and want to know how that fits with your career trajectory, drop us a line — we have honest conversations about what's realistic.

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