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The eVerify Registration Program to Qualify for F-1 OPT Extension

6/4/2008

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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