OPT Extension and Employer not E-Verified? What are the options?

Most of you would like to fully utilize the OPT extension period if you have, while working in the United States since it gives additional benefits like obtaining more tax returns, transferring employer easily, etc.

It is important to know two things:

• Your employer must be e-verified while you apply for OPT Extension
• You must work for an e-verified employer, for the whole period of your OPT Extension.

What is e-verify?

According to USCIS,” E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce.”

E-verify is operated by Department of Homeland Security (DHS) and Social Security Administration(SSA).

I have come across several scenarios where a candidate was working for an employer and that employer not being an e-verified company. And then the candidate now have to continue his work and the OPT is almost expiring. What to do in such situation?

You definitely have quite a few options for this scenario:

Option 1: Company can become e-verified

Explain your employer that they need to be an e-verified company for you to work on OPT Extension. The company needs to sign up to become e-verified at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

Once the company is e-verified, it would be as simple as applying your OPT Extension with your current employer. More details about e-verification can be found at the DHS website at http://www.dhs.gov/e-verify

Option 2: Apply for H-1B

Another option could be to apply for H-1B if the quota has not filled completely yet. But you need to keep in mind applying for H-1B, you would miss your OPT extension period and some advantages like getting additional tax returns.

Even though your OPT expires and your H-1B starts at a later date, you could using cap gap during that span of time to continue working for your employer. But, you need to apply for H-1B before your OPT expires and your H-1B would start from October 1st in the year you applied for.

Option 3: Transfer Employer

You could transfer your employer, to the one who is e-verified. After your transfer, you can then apply for OPT extension. It is important to know while on your OPT, if you transfer your employer you need to inform the International Student Services at your school before you apply for your OPT Extension. I would suggest you change your employer and update your school with your new employer information at least a month before you apply for OPT extension.

How to find a new employer?

There are many consulting firms who could help you and transfer your employment to their company. I have a friend who have recently changed her employer, but still continue to work with the same client she used to work with before. She was working at the client location full time in the past. The client company has worked it out with the employer by paying him some amount each month and she now continues to work with the client company and she receives her pay check through her employer. The client company also pays the employer each month for this change in process.

E-Verify is constantly improving to better serve you.

U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. This diverse workforce contributes greatly to the vibrancy and strength of our economy, but that same strength also attracts unauthorized employment.

E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce.