International Students: Working For Non E-Verify Companies

International students seeking employment in the United States must navigate various visa and work authorization requirements. One crucial aspect is the E-Verify system, which employers use to confirm their eligibility to work. E-Verify is an online tool that cross-references employee information with records from the Department of Homeland Security and the Social Security Administration. While work authorizations like CPT, OPT, and STEM OPT do not guarantee employment with any company, CPT students must work for E-Verify enrolled companies. This article will explore the intricacies of E-Verify and its implications for international students seeking employment in the US, highlighting the steps they can take to ensure compliance and increase their chances of securing eligible employment.

Can international students work in a non-E-Verify company?

Work authorizations like OPT, STEM OPT, and CPT do not guarantee work for all companies in the US

International students in the US on an F-1 visa have two options for practical training: Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT is a type of training that is integral to an F-1 student's major, and the experience must be a part of their program of study. OPT, on the other hand, is a form of temporary employment that is directly related to an F-1 student's major area of study. It can be completed before or after graduation.

While these work authorizations provide international students with valuable work experience, they do not guarantee employment in all companies in the US. For instance, to be eligible for CPT, students must be enrolled in an educational institution and can only work at companies that are enrolled in E-Verify. This means that not all companies in the US are eligible for CPT employment. Similarly, while OPT does not require students to work for an E-Verify enrolled company, if they plan to stay with the company after OPT ends or transition to a STEM OPT extension, the company must be enrolled in E-Verify.

The STEM OPT extension is available for F-1 students who have earned a degree in certain STEM fields. To be eligible for the extension, students must be employed by an employer enrolled in and using E-Verify. Therefore, only companies that are enrolled in E-Verify can hire international students seeking a STEM OPT extension.

Additionally, there are specific eligibility requirements and restrictions for OPT and CPT that students must meet to maintain their student status and avoid unauthorized work. For example, students can only work 20 hours per week while school is in session, and working without authorization can result in serious consequences, including removal from the country.

In summary, while work authorizations like OPT, STEM OPT, and CPT provide valuable opportunities for international students in the US to gain practical experience, they do not guarantee employment in all companies. Students must ensure they meet eligibility requirements and that their desired employer is enrolled in the necessary programs, such as E-Verify, to maintain compliance with US immigration regulations.

International students must consult myE-Verify or the E-Verify Employee Hotline to ensure Employment Authorized status

International students seeking CPT (Curricular Practical Training) must work at companies enrolled in E-Verify. This means submitting work authorization documents and personal information to verify work eligibility. While on OPT (post-graduate work), international students are not required to work for an E-Verify-enrolled company. However, if they plan to stay at the company after OPT ends or transition to a STEM OPT extension, the company must be enrolled in E-Verify.

To ensure Employment Authorized status, international students can utilize myE-Verify or the E-Verify Employee Hotline. myE-Verify is a free web-based service for workers and job seekers in the United States. It provides information about rights, employer responsibilities, and free tools to participate in the E-Verify process and protect one's identity. The E-Verify Employee Hotline is another resource for international students to confirm their employment eligibility.

It is important for international students to ensure that their documents are up to date and correct. For example, the passport name should match the name on the Employment Authorization Document, and the birth date should be consistent across all documents. By consulting myE-Verify or the E-Verify Employee Hotline, international students can confirm their employment eligibility and ensure they are authorized to work in the United States.

Additionally, international students should be aware that universities seeking to hire F-1 students applying for the STEM OPT extension should be enrolled in E-Verify. If the university enrolls as a whole, F-1 STEM OPT students can 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. Therefore, international students seeking CPT or planning to stay with a company after OPT should prioritize checking the company's or university's enrollment in E-Verify to make informed decisions about their employment.

Students must submit work authorization documents and personal information to verify work eligibility

International students seeking to work in the United States must follow certain procedures and prepare the necessary documents to verify their work eligibility. The specific requirements may vary depending on the student's visa status, the nature of employment, and other factors. Here is an overview of the key points related to work authorization and personal information:

Work Authorization Documents:

• F-1 Visa (Academic Student): F-1 students are generally permitted to engage in on-campus employment without seeking approval from a Designated School Official (DSO) or the United States Citizenship and Immigration Services (USCIS). However, for off-campus employment, F-1 students must meet certain criteria. They must demonstrate an inability to secure on-campus employment or show that the pay from available on-campus jobs is insufficient to meet their financial needs. Additionally, F-1 students must have been in the United States for at least one full academic year before becoming eligible for off-campus work due to economic hardship.
• M-1 Visa (Vocational Student): M-1 students are typically not authorized to work off-campus during their studies. However, after completing their course of study, they may engage in practical training programs and accept employment for a maximum duration of six months.
• CPT (Curricular Practical Training): CPT is available to F-1 students and allows them to gain practical work experience related to their field of study. CPT can include internships, cooperative education, or other required internships offered through agreements between the school and sponsoring employers. F-1 students must obtain authorization from the DSO on their Form I-20 before starting CPT.
• OPT (Optional Practical Training): OPT is available to F-1 students and provides practical training related to their major area of study. Students can work up to 20 hours per week during the school session and full-time during annual vacations or when school is not in session. After completing their studies, F-1 students may be authorized for up to 12 months of OPT. To be eligible for OPT, students must obtain an Employment Authorization Document (EAD) from the USCIS.
• STEM OPT Extension: The STEM OPT extension is available to F-1 students seeking to extend their practical training in Science, Technology, Engineering, and Mathematics (STEM) fields. To be eligible for the extension, students must obtain an EAD from the USCIS, and the employing company must be enrolled in E-Verify.

Personal Information:

• Passport: International students must ensure that their passports are valid and up to date. The passport name should match the name on other employment authorization documents.
• Birth Date: Consistent birth dates across all documents are essential.
• Form I-20: The DSO provides F-1 students with a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," which certifies their eligibility for specific types of employment.
• Form I-765: To gain work authorization, students must submit Form I-765, "Application for Employment Authorization," to the USCIS. This form may require supporting documents and fees.
• Form I-766 (EAD): Once the USCIS approves a student's Form I-765, they will receive Form I-766, the Employment Authorization Document (EAD). The EAD serves as proof of work authorization and can be used to establish identity and employment eligibility for Form I-9 purposes.
• Form I-94: F-1 students may need to present Form I-94, indicating their nonimmigrant status, along with their unexpired foreign passport, as acceptable List A documents for Form I-9 verification.

Employers must confirm an international student's work authorization before the employment start date

International students in the US on an F-1 visa must submit several documents to confirm their work authorization. These include a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", and a Form I-765, "Application for Employment Authorization". The former must be signed within the last 30 days and certifies that the applicant is a student. The latter is submitted to U.S. Citizenship and Immigration Services (USCIS) and requires a fee. Students must also submit an internship offer letter from an international organization. Once approved, the USCIS issues an Employment Authorization Document (EAD) card as proof of work authorization for a 12-month period.

F-1 students must also be able to show that they can afford the costs of school and living expenses before entering the US and should not plan to work off-campus. USCIS will only authorize off-campus employment in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year. Emergent circumstances, such as natural disasters, wars, and international financial crises, may also qualify.

For CPT (curricular practical training), students must work at companies that are enrolled in E-Verify. This means submitting work authorization documents and personal information to confirm work eligibility. While students seeking OPT (post-graduate work) do not need to work at an E-Verify company, if they plan to stay at the company after their OPT ends or if they transition to a STEM OPT extension, the company must be enrolled in E-Verify.

Therefore, employers must ensure that international students have the correct work authorization before the employment start date. This includes confirming that the student has the appropriate visa status and has submitted the necessary documentation to USCIS. Employers should also be aware that F-1 students may have different work authorization requirements for CPT and OPT, and should check that the student has obtained authorization for the correct type of employment.

E-Verify is an online system that allows employers to determine if employees are eligible to work in the US

E-Verify is an online system that allows employers to determine whether new employees are eligible to work in the US. It is a requirement for most international students who want to work in the US.

E-Verify 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. After an employee has completed a Form I-9, the employer will enter the information into the E-Verify system. The system will then compare the employee's information to the records available through the Department of Homeland Security and the Social Security Administration. In under 5 seconds, the system will generate a case result.

In some cases, the system may issue a tentative non-confirmation (TNC) case result. This means that the information entered by the employer does not match the government's records. A TNC does not mean that the employee is not authorized to work in the US, but it does mean that additional action is required. It is important for international students to be aware of their rights during the TNC process.

For international students seeking CPT (Curricular Practical Training), it is important to note that they can only work for companies that are enrolled in E-Verify. These students must submit work authorization documents and personal information to verify their work eligibility. While working on OPT (post-graduate work) does not require employment at an E-Verify company, if students plan to stay at the company after their OPT ends or transition to a STEM OPT extension, the company must be enrolled in E-Verify. Therefore, it is in the best interest of students in these categories to check the company's enrollment in E-Verify before accepting any offers.

Frequently asked questions