E-verify is an online system used by employers in the United States to determine if newly hired employees (both citizen and non-citizen) are eligible to work in the U.S. The E-verify system uses the employee’s Employment Eligibility Verification form (Form I-9), as well as information from the Social Security Administration and the U.S. Department of Homeland Security, to confirm eligibility for employment. As an international student, having a work authorization like CPT and OPT does not automatically mean you can work for any company in the U.S. Your eligibility status will determine whether you’re allowed to work at the company or not.
Why is E-Verify Important for International Students?
For most international students who want to work in the United States, E-Verify is a requirement. Depending on your work authorization, check to see if your company needs to be enrolled in E-Verify:
| CPT | Yes. CPT students who wish to work in the U.S. must work at a company enrolled in E-Verify. Your employer must submit your work authorization documents and personal information to the E-Verify system.
Keep in mind that the E-Verify system is not connected to the Student and Exchange Visitor Information System (SEVIS), which houses the records of international students, including CPT authorizations. This creates a minor obstacle, as the E-Verify system regularly sends CPT students for a secondary verification. Students on CPT, as well as their employers, should allot extra time for E-Verify and verification completion. |
| OPT | No. When you are on OPT, you are not required to work for an employer that is enrolled in E-Verify. If you intend to stay employed at the same company or when you transition to STEM OPT, the company’s E-Verify status will then become a factor. At that time, you’ll have to transition to a company that has E-Verify status, or make a case to your current employer to enroll in E-Verify. |
| STEM OPT | Yes. F-1 students who wish to participate in the STEM OPT extension, must do so with an employer enrolled in the E-Verify program. Employers who want to sponsor STEM OPT employees must be enrolled in E-Verify. |
| H-1B | No. A company’s E-Verify enrollment status will not impact whether or not an H-1B application is approved. Companies are not required to be E-Verify enrolled in order to file an H-1B petition. |
If the company you are interested in is not E-Verified, you can try to negotiate with the company to enroll in E-Verify as part of your job offer. This is important if you are an OPT student planning to continue with STEM OPT as it would allow you to continue working for the same company.
How to Know if a Company is E-Verify Enrolled
Using the government’s E-Verify search tool, you can search for E-Verify employers. Nearly 1 million companies in the U.S. are enrolled in the E-Verify system. The data in the system is self-reported by employers. Therefore its accuracy depends on what the employer submitted at the time they enrolled, in addition to any information provided since then.
What are the Different E-Verify Case Results?
After accepting an offer of employment and completing a Form I-9, your employer will take your information and enter it into the E-Verify system. In under 5 seconds, the E-Verify system will compare your information to records available through the Department of Homeland Security (DHS) and Social Security Administration (SSA), and generate a case result.
In some cases, the system may issue a tentative nonconfirmation case result (TNC). Most often, a TNC is issued when information that your employer entered from your Form I-9, does not match the government’s records. A TNC does not mean you are not authorized to work in the U.S., simply that your case requires additional action. Remember that as an international student, you have rights during the TNC process. You have the right to contest the TNS, as well as the right not to incur adverse actions because of the TNC. You can always call the E-Verify Employee Hotline at 1-888-897-7781 with case-specific questions, or refer to the USCIS Employee Rights Toolkit.
| E-Verify Case Results | |
| Employment Authorized | Your information matched records available through the DHS and SSA. |
| E-Verify Needs More Time | Your case has been referred to DHS for additional verification. |
| Tentative Nonconfirmation (Mismatch) | Your information did not match SSA or DHS records, and additional action is required. |
| Case in Continuance | Your case requires more time to determine a result, but you have been in contact with SSA or DHS. |
| Close Case and Resubmit | You are required by DHS and/or SSA to close the current case, and create a new one. |
| Final Nonconfirmation | E-Verify can’t confirm your employment eligibility. |
Final Thoughts
E-Verify is a helpful tool for U.S. employers to determine the eligibility of employees to work in the U.S. Remember that work authorizations like OPT, STEM OPT, and CPT do not guarantee your eligibility to work for all companies in the U.S. International students should consult the myE-Verify tool or the E-Verify Employee Hotline, as these tools can help eliminate hurdles and ensure an “Employment Authorized” case result.
