Savanna Hoffman
International students seeking employment in the United States must navigate a complex web of regulations and requirements. One critical aspect they must consider is E-Verify, an online system that allows employers to confirm their eligibility to work in the country. While work authorizations like CPT and OPT provide a pathway for international students to enter the US job market, they do not guarantee employment with any company. E-Verify is a crucial factor in determining whether an international student can work for a particular employer. This is because E-Verify confirms employment eligibility by cross-referencing employee information with records from the Department of Homeland Security and the Social Security Administration. Therefore, understanding the intricacies of E-Verify is essential for international students aiming to secure employment in the United States.
| Characteristics | Values |
|---|---|
| E-Verify requirement | For most international students who want to work in the US, E-Verify is a requirement. |
| Work authorizations | Work authorizations like OPT, STEM OPT, and CPT do not guarantee eligibility to work for all companies in the US. |
| Eligibility confirmation | E-Verify confirms employment eligibility by comparing the information in Form I-9 to records from the Department of Homeland Security (DHS) and Social Security Administration (SSA). |
| Tentative nonconfirmation (TNC) | A TNC means the information in Form I-9 does not match government records. It does not necessarily mean the employee is not authorized to work in the US but requires additional action. |
| Student role in E-Verify | International students can use the myE-Verify tool to confirm the accuracy of government records and protect against identity fraud. |
| CPT requirement | For CPT, students can only work at companies enrolled in E-Verify. |
| OPT requirement | While OPT does not require working at an E-Verify company, if students plan to stay with the company after OPT ends or transition to STEM OPT, the company must be enrolled. |
| STEM OPT requirement | For STEM OPT, the employer must be enrolled and in good standing with E-Verify before the student begins employment. |
| On-campus employment | Foreign students may work on campus for up to 20 hours a week while school is in session. |
| Off-campus employment | F-1 students cannot work off-campus during the first academic year but may seek off-campus employment after that through various programs. |
| Vocational students (M-1) | Vocational students in M-1 nonimmigrant status may only accept employment as part of a practical training program after completing their studies and receiving Form I-766, Employment Authorization Document (EAD). |
| H-1B status | Sponsoring companies submit H-1B applications on behalf of international employees. There is an annual cap of 65,000 H-1Bs for candidates with undergraduate degrees and 20,000 for those with US graduate degrees. |
| J-1 status | J-1 students can obtain authorization from their program sponsor to work for up to 18 months, while PhD students can work for up to 36 months within their academic program. |
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What You'll Learn
- Work authorisations like OPT, STEM OPT, and CPT do not guarantee eligibility to work for all US companies
- International students should consult the myE-Verify tool or the E-Verify Employee Hotline
- F-1 students may not work off-campus during the first academic year
- Students can work on campus for up to 20 hours a week when school is in session
- Students seeking CPT can only work at companies enrolled in E-Verify
Work authorisations like OPT, STEM OPT, and CPT do not guarantee eligibility to work for all US companies
For international students who want to work in the United States, E-Verify is a requirement. E-Verify is an online system used by employers in the US to determine if newly hired employees are eligible to work in the country. The 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.
CPT authorisation allows students on an F1 visa to work, but only for employment or training opportunities that are directly related to their course of study. Students with CPT employment authorisation must work at least 20 hours per week, otherwise, they would be violating the terms of their CPT authorisation.
Students with F1 visas can also apply for OPT, which must relate to their major or course of study. OPT applications require a completed Form I-765, "Application for Employment Authorization", to be mailed to US Citizenship and Immigration Services (USCIS), along with a filing fee. Upon approval, USCIS will send a Form I-766, "Employment Authorization Document" (EAD), and students must wait to start work until they receive this.
While work authorisations like OPT, STEM OPT, and CPT are an important step in the process of gaining employment in the US as an international student, they do not guarantee eligibility to work for all companies. It is important for international students and graduates to consult the myE-Verify tool or the E-Verify Employee Hotline to ensure they have an "Employment Authorized" case result.
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International students should consult the myE-Verify tool or the E-Verify Employee Hotline
E-Verify is an online system used by employers in the United States to determine the eligibility of newly hired employees, both citizens and non-citizens, to work in the US. It 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 most international students who want to work in the United States, E-Verify is a requirement. If the company an international student is interested in is not E-Verified, they can try to negotiate with the company to enroll in E-Verify as part of their job offer. This is particularly important for OPT students planning to continue with STEM OPT, as it would allow them to continue working for the same company.
International students and graduates should consult the myE-Verify tool or the E-Verify Employee Hotline. These tools can help eliminate hurdles and ensure an "Employment Authorized" case result. The myE-Verify tool can be used to search for participating E-Verify employers, as the data in the system is self-reported by employers. Therefore, its accuracy depends on what the employer submitted at the time they enrolled, as well as any information provided since then.
Additionally, it is important to note that the legal business name and the public-facing business name might not always be the same. Thus, the search tool might not recognize the public-facing name entered. International students can do some digging on the company's website to find out if their legal business name differs. After accepting an offer of employment and completing a Form I-9, the employer will enter the employee's information into the E-Verify system, which will compare it to records from the Department of Homeland Security and the Social Security Administration.
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F-1 students may not work off-campus during the first academic year
International students in the United States on an F-1 visa are prohibited from working off-campus during their first academic year. However, they may accept on-campus employment, provided they meet certain conditions and restrictions. To be eligible for on-campus employment, F-1 students must demonstrate that they are enrolled full-time, in valid F-1 status, and maintaining good academic standing. They can work a maximum of 20 hours per week when classes are in session and up to 40 hours per week during breaks.
After completing their first academic year, F-1 students may seek off-campus employment under three categories: Curricular Practical Training (CPT), Severe Economic Hardship Employment, and Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). CPT refers to training that is directly related to the student's field of study and can include internships, cooperative education jobs, or other practical experiences. To qualify for CPT, students must ensure that the work counts towards academic credit or is a requirement for their degree.
Severe Economic Hardship Employment is available to students who have completed at least one academic year and can demonstrate financial difficulties due to unforeseen circumstances beyond their control. On-campus employment opportunities must be insufficient or unavailable to meet their financial needs. Students must provide documentation and seek approval from the Designated School Official (DSO) to pursue off-campus work under these circumstances.
The third category, STEM OPT, allows F-1 students to gain practical training related to their STEM field of study. To be eligible, students must apply for the STEM OPT extension before their initial OPT period expires. If they file on time, their work authorization automatically extends by 180 days while awaiting a decision. Additionally, universities or specific departments enrolled in the E-Verify system can hire F-1 students seeking a STEM OPT extension.
It is important to note that work authorizations like CPT, OPT, and STEM OPT do not guarantee employment eligibility for all companies in the US. International students must ensure their eligibility status allows them to work for a specific company and may need to negotiate with the company to enroll in E-Verify. F-1 students must also maintain their status, academic standing, and adhere to work hour limitations to avoid losing their F-1 student status and visa privileges.
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Students can work on campus for up to 20 hours a week when school is in session
International students in the United States with an F-1 visa can work on campus for up to 20 hours a week when school is in session. They can work full-time during breaks and annual vacations. However, their total work hours for all jobs cannot exceed 20 hours during the school term. To work on campus, F-1 students must first obtain approval from their designated school official (DSO), who will provide a letter of approval. This letter, along with a letter of approval from their employer, must be presented when applying for a Social Security Number (SSN).
F-1 students must also ensure that their on-campus job does not displace a US citizen or lawful permanent resident (LPR). They should report their work to their international student services office and receive a certification letter to present when applying for an SSN. Failure to comply with these guidelines may result in a violation of status, leading to the student having to leave the United States.
Additionally, F-1 students seeking on-campus employment must have their eligibility determined through the E-Verify system. This system uses the student's Employment Eligibility Verification Form (Form I-9) and information from the Department of Homeland Security and the Social Security Administration to confirm work eligibility. While work authorizations like OPT, STEM OPT, and CPT are beneficial, they do not guarantee eligibility to work for all US companies. International students should consult resources like the myE-Verify tool or the E-Verify Employee Hotline to ensure they have an "Employment Authorized" case result.
In Canada, international students can work off-campus for up to 24 hours per week without a work permit. However, they must meet specific requirements, including having a valid study permit or applying for an extension before their current permit expires. They must also be enrolled in a full-time study program at a designated learning institution (DLI) and ensure that their off-campus work does not exceed the permitted hours outlined in their study permit conditions.
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Students seeking CPT can only work at companies enrolled in E-Verify
For international students in the United States, the ability to work depends on their eligibility status. Work authorizations like CPT and OPT do not guarantee the eligibility to work for all companies in the US.
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 country. The 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.
F-1 students seeking an extension of their optional practical training (OPT) under the STEM-designated degree program must also be enrolled in E-Verify. STEM OPT participants must be employed by an employer that is enrolled and in good standing with E-Verify. While students may change employers during their STEM OPT period, any new employer must also be enrolled in and compliant with E-Verify before the student begins work.
International students and graduates can consult the myE-Verify tool or the E-Verify Employee Hotline to ensure an "Employment Authorized" case result.
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Frequently asked questions
E-Verify is an online system that allows US employers to determine if newly hired employees are eligible to work in the US. It is a requirement for most international students who want to work in the US.
No, international students seeking CPT can only work at companies that are enrolled in E-Verify. While on OPT, you do not need to work for an E-Verify company, but if you plan to stay with them after your OPT ends or do the STEM OPT extension, the company must be enrolled in E-Verify.
Employers must complete Form I-9, "Employment Eligibility Verification", and enter the information into the E-Verify system. The system will then compare the information to records from the Department of Homeland Security and the Social Security Administration and generate a case result.
