A requirement lands in your inbox. The skills line up perfectly with a consultant you already know is excellent. You’re about to submit — then you read one line at the top: “USC / GC only.”
Your consultant is on H1B. Can you still submit?
If the answer didn’t come to you instantly, this guide is for you. In US IT staffing, work authorisation is the filter that runs before skills, rate, or anything else. Get it wrong and the strongest profile in the world gets rejected in one second — or never should have been sent at all.
Here is every status you’ll meet on the floor, what it means for placement, and how to handle it on a call — without becoming an immigration lawyer.
This is an operational guide for recruiters — enough to screen confidently and match consultants to requirements. It is not legal or immigration advice. For the specifics of any individual case, the employer’s immigration team or an attorney is the right source.
Why Authorisation Comes First
Before you look at skills, rate, or location, one question decides everything: can this person legally take this job? Work authorisation answers it — and it controls four things at once.
- EligibilityWhether the consultant can take the role at all.
- Employment modelWhether they can go W2, C2C, or need an employer to sponsor them.
- Sponsorship & timelineWhether a transfer or sponsorship is needed, and how long it takes.
- Client acceptanceMany clients only accept certain statuses — authorisation can fail a submission on its own.
You can have the perfect consultant and still lose the submission on work authorisation alone.
The Flexible Ones (No Sponsorship Needed)
Start with the easy group. These statuses let a consultant work for any employer without sponsorship — the simplest to place, and accepted by almost every client.
- USCUS Citizen. No restrictions at all, and eligible for roles that require citizenship — some government and defence work.
- GCGreen Card holder (permanent resident). Permanent work authorisation, no sponsorship ever needed.
- GC EADAn EAD held while a green card application is in process. Works for any employer while valid.
- H4 EADWork authorisation for certain spouses of H1B holders. Works for any employer while valid — just track the expiry.
- L2 EADSpouse of an L1 visa holder. Work-authorised for any employer.
When a requirement says “USC / GC only,” it usually means this flexible group is what they’ll accept — and sometimes only the first two.
Student Authorisations: OPT & CPT
These come from the F-1 student visa. They are time-limited, so the expiry date matters as much as the type.
- OPTOptional Practical Training. F-1 graduates get 12 months of work authorisation related to their field of study.
- STEM OPTGraduates in STEM fields can extend OPT by 24 months (36 total). Requires an E-Verify employer and a formal training plan.
- CPTCurricular Practical Training. Work authorisation while the student is still enrolled, tied to their academic program.
“OPT,” “STEM OPT,” and “CPT” are not interchangeable, and many clients restrict or refuse some of them — CPT in particular draws extra scrutiny. Always confirm the exact type and the expiry date before you submit.
Employer-Sponsored Visas
These are tied to a specific sponsoring employer. A consultant on one of these can’t simply be hired by anyone — placement usually means a transfer, sponsorship, or working through their current employer.
- H1BThe most common visa in IT staffing. Tied to the petitioning employer. To place an H1B consultant with a new employer you need an H1B transfer (a new petition) — or they work through their current employer on C2C. Valid up to six years, with extensions if a green card is in process.
- L1Intracompany transferee. Tied to the sponsoring company and generally not available to be hired by another employer.
- TNFor Canadian and Mexican citizens in specific professions. Employer-specific, but relatively quick to set up.
- E3For Australian citizens in specialty occupations — similar in spirit to H1B.
You cannot put someone else’s H1B onto your company’s W2 without sponsoring a transfer — a new petition that takes time. That is why H1B consultants are so often placed C2C through their existing employer. Always ask whether they are open to a transfer, and build the timeline into your plan.
The Whole Picture
Here is the group on one screen. This is the table worth keeping nearby.
| Status | Sponsorship? | Any employer? | Typical model |
|---|---|---|---|
| USC / GC | Never | Yes | Any (W2, C2C, 1099) |
| GC EAD | No | Yes, while valid | W2 or C2C |
| H4 / L2 EAD | No | Yes, while valid | W2 or C2C |
| OPT / STEM OPT | No (time-limited) | Yes, field-related | Usually W2 |
| CPT | No (while enrolled) | Tied to program | Usually W2 |
| H1B | Yes (transfer) | No — tied to employer | C2C, or W2 after transfer |
| L1 | Yes | No | Through sponsor |
| TN / E3 | Employer-specific | No | W2 with sponsor |
Reading Client Restrictions
Requirements often spell out which statuses they’ll accept. Learn to read these instantly — they decide whether you should even open your search.
| What the req says | What it means |
|---|---|
| USC / GC only | Only citizens and green-card holders, sometimes EADs. No visa holders. |
| No CPT / OPT | Student authorisations are not accepted. |
| H1B OK / will transfer | They’ll accept H1B and sponsor the transfer. |
| No third party | No C2C — the consultant must be on your W2, not another vendor’s. |
| No sponsorship | They won’t sponsor now or later — only candidates who never need it. |
How to Ask on a Call
You don’t need to interrogate anyone. Five clear questions tell you everything before you submit.
- 1“What is your current work authorisation?”The starting point for everything else.
- 2“How long is it valid?”An authorisation expiring in two months changes the whole conversation.
- 3“Do you need sponsorship now, or in the future?”Some clients refuse both — you need to know early.
- 4“If you’re on H1B, are you open to a transfer?”And roughly how soon it could happen.
- 5“If OPT, is it regular or STEM — and when does it expire?”Never leave this one vague.
Mistakes Freshers Make
- Wrong filterSubmitting an H1B consultant to a “USC / GC only” requirement.
- Ignoring expiryNot checking how long an OPT or EAD is valid before submitting.
- OPT vs CPTConfusing the two, or missing that a client refuses CPT.
- Instant H1BAssuming an H1B consultant can start immediately, with no transfer time built in.
- Future sponsorshipForgetting to ask whether the consultant will need sponsorship down the line.
Quick Glossary
| Term | What it means |
|---|---|
| EAD | Employment Authorization Document — a card that lets the holder work for any employer while valid. |
| OPT / STEM OPT | Work authorisation for F-1 graduates — 12 months, extendable to 36 for STEM fields. |
| CPT | Work authorisation for F-1 students still enrolled, tied to their program. |
| H1B transfer | A new petition that moves an H1B worker to a new employer. |
| Sponsorship | An employer filing a petition so a worker can be authorised — takes time and cost. |
| E-Verify | A US system to confirm work eligibility — required for STEM OPT employers. |
Get the Full US Staffing Picture
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