Internships For International Students: E-Verify Exemption

can internation student intern in non e verified

E-Verify is an online system used by employers in the United States to determine whether new hires are eligible to work in the country. It is a requirement for most international students seeking employment in the US. Work authorizations like CPT and OPT do not automatically qualify international students to work for any company in the US. Therefore, international students with CPT authorization can only work for companies that are enrolled in E-Verify. While OPT does not require working for an E-Verify company, if the student plans to stay at the company after OPT ends or do a STEM OPT extension, the company must be enrolled in E-Verify.

Characteristics Values
Who needs to enroll in E-Verify? Employers who wish to hire F-1 students seeking an extension of their optional practical training (OPT) under the STEM-designated degree program
Who doesn't need to enroll in E-Verify? Third parties contracting with the agency or firm for which the student is providing services
What is E-Verify? An online system used by employers in the United States to determine if newly hired employees are eligible to work in the US
How does E-Verify work? The E-Verify system uses the employee’s Employment Eligibility Verification form (Form I-9), as well as information from the Social Security Administration and the US Department of Homeland Security, to confirm eligibility for employment
What is the role of the employer? For standard OPT, the employer has no role in preparing, submitting, or obtaining approval of the OPT application
What is the role of the student? The student is responsible for managing the OPT process along with the international office of their school
What is the role of the university? Universities seeking to hire F-1 students who are applying for the STEM OPT extension should enroll in E-Verify either as the university as a whole or as separate departments
What is the process for onboarding an international student intern? It is up to the students themselves to work directly with the International Center to secure any authorization, if needed
What is OPT? A type of work authorization given to F-1 students, allowing them to seek opportunities in their major field of study
What is CPT? The most common form of US work authorization for international students on F-1 student visas who are interested in pursuing internship experiences during their studies

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International students with F-1 visas can do CPT internships

International students with F-1 visas can undertake internships in the US through Curricular Practical Training (CPT). CPT is a temporary work authorization program that allows international students on F-1 visas to gain off-campus work experience during their academic program. This is a great opportunity for international students to put their studies into practice and gain valuable professional experience in the US.

To be eligible for CPT, students must have completed at least one full academic year of school and have a valid job or internship offer. The work must be related to the student's field of study and satisfy an integral component of their academic program. Additionally, the job must start and end before the end of the student's academic program. CPT internships can be part-time (up to 20 hours per week) or full-time (up to 40 hours per week), and there is no limit to the number of CPT internships a student can have.

The process of applying for CPT usually takes between 5-10 business days. Students must first secure a qualifying job or internship offer and then submit their application to their university's ISSS office, along with their official job offer letter. The job offer letter must include the internship's start and end dates, the organization's name and physical address, and the student's job title and description. Once the CPT is approved, students can begin their internship and must also enroll in any required CPT or internship credit courses through their school.

It is important to note that CPT is not required for internships outside of the United States, such as a summer internship in the student's home country. Additionally, F-1 students experiencing economic hardship may apply for authorization to work full-time during summer vacation at an off-campus job. It is always advisable to check with an advisor and ensure eligibility for work in the United States before beginning any internship or employment.

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E-Verify is a US employer eligibility check

International students who are neither US citizens nor permanent residents usually enrol in academic programs under one of two non-immigrant student statuses: F-1 or J-1. F-1 students may not work off-campus during their first academic year but may accept on-campus employment. After the first academic year, F-1 students may engage in three types of off-campus employment, including internships. However, it is critical that employers confirm an international student's work authorization before their employment start date to prevent any liability for both the student and the employer.

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enrol in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if their states have legislation mandating its use, or as a result of a legal ruling.

Employment agencies and consulting firms that wish to employ F-1 OPT students seeking an extension must be enrolled in E-Verify. This includes electronically signing an E-Verify memorandum of understanding (MOU). Universities seeking to hire F-1 students applying for the STEM OPT extension should enrol in E-Verify either as a whole or as separate departments. If the university enrols as a whole, F-1 STEM OPT students may work in any qualifying STEM department. However, if university departments are separately enrolled, only those with a signed E-Verify MOU qualify as E-Verify employers.

The H-1B status is another option for international students. Applications for H-1Bs are submitted by the sponsoring company on behalf of the international employee. Each fiscal year, companies are allowed 65,000 H-1Bs for candidates with undergraduate degrees and an additional 20,000 for those with graduate degrees from the US. H-1B status is initially granted for up to three years but can be renewed for up to six years.

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International students can seek unpaid internships

F-1 students who are interested in internships should consult their Designated School Official (DSO) to ensure they follow the necessary rules and maintain their student status. Summer internships, for instance, may require authorization if the position is typically paid. However, unpaid internships can still be authorized as practical training experiences. F-1 students experiencing economic hardship may also apply for authorization to work full-time during summer vacation at an off-campus job.

For international students, the key consideration is whether the internship complies with the Department of Labor (DOL) rules regarding ""volunteer work". If the internship satisfies DOL criteria, it is legally considered "volunteer work" and does not require work authorization. In this case, international students can engage in such internships without pay and without any work authorization. However, if the internship does not meet DOL rules, it is classified as "employment", and the student must have proper work authorization, such as F-1 Optional Practical Training (OPT) or Curricular Practical Training (CPT), to avoid violating their status.

It is worth noting that the DOL actively investigates unpaid internship programs to determine if the work should be compensated. If an internship opportunity is later deemed to have violated DOL rules, international students face severe consequences, including violation of status and the risk of deportation. Therefore, it is advisable for international students to obtain proper work authorization, even for unpaid internships, to ensure compliance and avoid legal issues.

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OPT is post-graduate work authorization

OPT, or Optional Practical Training, is a type of work authorization available for F-1 international students who have completed their program requirements. It allows students to work for one year in unpaid or paid positions related to their major program of study. Students must apply for OPT within 90 days before or 60 days after their program end date, and they cannot begin working until they receive approval, which is granted in the form of an Employment Authorization Document (EAD) card.

F-1 students are eligible for two types of OPT: pre-completion and post-completion. Pre-completion OPT allows students to engage in practical training in their academic field after one year of full-time study, and internship programs are common types of pre-completion OPT opportunities. Post-completion OPT, on the other hand, is for students who have completed their program requirements and plan to work in a paid position. Students on post-completion OPT can be unemployed for a total of 90 days, and they are expected to be employed during this period.

For students graduating with a degree in a qualifying STEM field, they can apply for the standard Post-Completion OPT authorization and then, within the final 90 days of this period, apply for the 24-Month STEM OPT Extension. To employ F-1 students seeking a STEM OPT extension, employers must be enrolled in E-Verify and electronically sign an E-Verify memorandum of understanding (MOU).

It is important to note that OPT is granted only once per education level, and students must maintain their F-1 status while on OPT. Additionally, a Social Security Number alone is not sufficient proof of work authorization for international students; employers must confirm an international student's work authorization before the employment start date to prevent any future liability for both the student and the employer.

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Students can seek help from University Career Services

International students who are neither US citizens nor permanent residents typically enrol in academic programs under one of two non-immigrant student immigration statuses: F-1 or J-1. The F-1 Visa (Academic Student) allows international students to enter the US as full-time students at an accredited college, university, or academic high school. F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions. After the first academic year, F-1 students may engage in three types of off-campus employment. One of these is Curricular Practical Training (CPT), which allows F-1 students to accept practical training in their academic field after one year of full-time study. Internship programs are some of the most common types of CPT opportunities for international students.

Additionally, Career Services at Wayne State University partners with Parker Dewey to offer students micro-internships, which provide students with paid opportunities to demonstrate their skills, explore career paths, and develop professional networks. They also partner with Forage to offer students free job simulations designed by top employers, allowing students to try out 'life-like' tasks and gain a better understanding of what it's like to be a junior employee.

Another example of University Career Services is the Student Internship Program offered by the US Department of State. This program provides students with the opportunity to work in one of the many offices that make up the respective geographic or functional bureaus. There are also a limited number of internship opportunities in New York City with the US Mission to the United Nations. To be eligible for this program, students must be returning to school immediately following the internship and must attach an official or unofficial transcript to their application confirming their current student status.

Frequently asked questions

E-Verify is an online system used by employers in the United States to determine if newly hired employees are eligible to work in the US.

No, not all companies need to be enrolled in E-Verify. However, it is a requirement for most international students who want to work in the US.

Yes, international students can intern at non E-Verified companies. However, it is important to note that work authorizations like OPT, STEM OPT, and CPT do not guarantee eligibility to work for all companies in the US.

To work as an international intern, you do not need sponsorship. The company does not need to file for anything and there are no lawyer or fee requirements. The hiring process for international students is identical to that of domestic students.

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