eVerify Registration to Qualify for F-1 OPT Extension
Posted Apr 18, 2008
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As MurthyDotCom and MurthyBulletin readers are aware, 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. Information on this interim regulation was published in our April 9, 2008 article, F-1 OPT Interim Final Rule of April 8, 2008 - Summary and Analysis. 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.
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Shortcomings of the Current eVerify Program
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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.
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Concern about eVerify's Integrity with Millions of New Employers
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There are also concerns regarding the capacity of the system. Currently, only about 55,000 employers (or 1%) are registered with eVerify and an additional 2,000 companies are enrolling each month. Opponents believe that adding millions of additional employers, including those who need to hire F-1 OPT students, most likely will put an unmanageable strain on the system, increasing the potential for more problems.
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eVerify Registration Required to Hire F-1 OPTs for 17-Month Extension
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Despite the criticism of eVerify, employers who wish to take advantage of the 17-month OPT extension must register their businesses in the eVerify program. The USCIS has information for employers about eVerify, including registration instructions, on the USCIS WebSite,
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. Once registered under the eVerify program, the employer must use the system for all newly-hired employees. The employer cannot limit the use to foreign students or any other selective system.
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Conclusion
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Since enrollment in the eVerify program is technically voluntary, but now is required in order to take advantage of the new F-1 OPT 17-month extension provision, many employers will register. These companies could face challenges due to the SSA’s data errors. Companies must follow up within eight days by contacting SSA and DHS to resolve errors in the event of a “non-confirmation” or “tentative non-confirmation” message. Currently, there is no appeals procedure for employees who receive a “final non-confirmation” message from the eVerify system and employers and improperly affected employees may need to rely on the federal courts to resolve discrepancies or errors. Future reports on the eVerify system will be published on MurthyDotCom and in the MurthyBulletin, as this will affect many F-1 students in the coming years.
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