The U.S. Department of Homeland Security (DHS) recently published an
interim final rule permitting extensions of F-1 Optional Practical
Training (OPT) for an additional 17 months for students with science,
technology, engineering, and math (STEM) degrees.
In order to request the extension, the employer of the OPT holder must
be registered with USCIS's eVerify system. The United States
Citizenship and Immigration Services (USCIS) estimates that about
12,000 students will use OPT extension. Thus, to continue extending
employment to many recent graduates in the needed STEM disciplines,
employers need to be aware of this requirement and register under the
eVerify procedures. It is important for F-1 OPT students and their
employers to know how eVerify potentially could impact the employer's
business and operations.
The eVerify system is a voluntary program, designed to prevent
employers from hiring undocumented immigrants. The program has been
criticized for its inaccuracy, however. The USCIS uses the database of
the Social Security Administration (SSA) to confirm employee
information entered on the Employment Eligibility Verification Form
(I-9).
The SSA estimates that 4.1 percent of its data contains errors, which
translates into about 17.8 million incorrect or incomplete records. If
all employers were required to use eVerify, therefore, millions of
legally authorized workers, including U.S. citizens and legal
permanent residents, could be rejected as "non-confirmed" to work
under the eVerify system.
Employers who wish to take advantage of the 17-month OPT extension
must register their businesses in the eVerify program. The USCIS
WebSite has information for employers about eVerify, including
registration instructions. The eVerify Memorandum of Understanding
(PDF 65.6KB) outlines the obligations of DHS, SSA, and the employer
under eVerify.
Students working for employers not currently registered with eVerify
can apply for OPT extension as long as the employer subsequently
registers for eVerify and requests confirmation within three days of
registering.
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