What is E-Verify and why it is important for STEM OPT Extensions

E-Verify is a free, online system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Designed to verify employment eligibility, E-Verify allows employers to confirm an employee’s immigration and tax status, ensuring their legal right to work in the United States. Paired with Form I-9, which all U.S. employers are required to complete for new hires, E-Verify offers additional security and compliance for employers.

How E-Verify Works

For both employers and employees, E-Verify provides a straightforward verification process. Here’s how it works:

1. Employers input employee information, including name, Social Security number, date of birth, nationality, and other details.
2. The system cross-references the data with SSA and DHS databases.
3. Results are generated within seconds, confirming eligibility or flagging mismatched information that must be resolved within eight business days.

Why E-Verify Matters for STEM OPT Students

For international students pursuing STEM-related degrees, E-Verify is a crucial part of the STEM OPT extension process. After completing a standard 12-month Optional Practical Training (OPT), students in eligible STEM fields can apply for a 24-month extension. However, this requires employment with an E-Verify-registered company.

Without E-Verify, STEM OPT students may face challenges like:

• Losing eligibility for the 24-month OPT extension after the initial year.
• Reduced chances of participating in the second year of the H-1B lottery.
• Potentially needing to change employers to pursue OPT extension opportunities.

How to Verify if Your Employer Uses E-Verify

To ensure your employer participates in E-Verify, follow these steps:

1. Ask directly during the interview: Confirm with HR whether the company is E-Verify registered.
2. Search on the E-Verify website: Use the official E-Verify employer search tool. Be sure to check for the legal name, trade name, or abbreviation the company might have used.
3. Double-check with HR if not listed: Updates to the E-Verify database can sometimes lag, so confirmation with the company is always a good idea.

For Employers: Why Use E-Verify?

Many employers voluntarily participate in E-Verify to reduce the risk of hiring unauthorized workers. In certain states like Alabama, Arizona, Georgia, Mississippi, and Utah, E-Verify registration is mandatory.

Why Some Employers Avoid E-Verify

Despite its benefits, some companies are hesitant to enroll in E-Verify due to:

• Increased scrutiny: Employers must ensure all employees—both U.S. and foreign-born—have valid work authorization and Social Security numbers.
• Additional administrative work: Employers must update E-Verify with new hires' work authorization and tax status.
• Potential audits: E-Verify registration can trigger onsite inspections by immigration authorities, with legal consequences for non-compliance.
• Training requirements: Employers must complete online courses and pass tests, which some companies view as overly burdensome.

How to Encourage Employers to Enroll in E-Verify

If your employer isn’t enrolled in E-Verify, here’s how you can advocate for it:

1. Simplify the Process:

   • Explain that the registration process is straightforward and quick (often completed in under an hour).
   
    
   • Provide a clear materials checklist, including:
     
     • Company legal name
     • Employer identification number (also called a Federal Tax ID Number)
     • Primary physical address from which your company will access E-Verify
     • Mailing address (if different from the physical address)
     • Hiring sites that will participate in E-Verify in each state
     • Total number of current employees
     • Your company’s North American Industry Classification System (NAICS) code
     • Contact information (name, phone number, email addresses) for your company’s Memorandum of Understanding (MOU) Signatory and Program Administrator
       
       

2. Highlight the Benefits:

   • Reduced Risk: E-Verify ensures all employees are authorized to work, minimizing the risk of hiring unauthorized workers.
   • Attracting STEM Talent: Only E-Verify companies can hire students on the STEM OPT extension.
   • Reputation Boost: Participation demonstrates compliance with tax and employment laws, fostering trust with clients and partners.

3. Emphasize Personal Value:

   • Share your long-term career aspirations within the company and how E-Verify enables you to contribute.
   • Appeal to their support of employee development and retention.

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