STEM OPT and E-Verify: what to ask an employer
The questions to put to an employer before counting on a STEM OPT extension: E-Verify enrollment, the company ID, who signs the I-983, hours, pay and what happens if the job ends.
Five questions decide whether a STEM OPT extension can be filed at all: whether the company is enrolled in E-Verify, what its company ID is, who will sign the I-983, whether the job is at least 20 hours a week at pay that matches similar workers, and what happens if the job ends. The employer’s answers determine whether the 24-month extension is available.
Is the company on E-Verify, and what is its ID?
The extension runs through an employer that is enrolled in E-Verify and stays in good standing. The I-765 needs that employer’s E-Verify company ID, or a client company ID when an agent creates the cases. The employer also needs an EIN for tax purposes. So the first message to a recruiter can be plain: “Is the company on E-Verify, and can you send me the company ID?” If the recruiter does not know, ask who handles the hiring paperwork.
| Ask | Why the extension needs it |
|---|---|
| Enrolled in E-Verify, in good standing? | Required of the employer on the extension |
| Company ID, or client company ID? | Goes on the I-765 |
| EIN? | Required for tax purposes and written on the I-983 |
| Is the signing company the one that trains me? | The employer that signs must be the same entity that employs and trains the student |
The company identification number becomes essential at the filing stage. The window opens up to 90 days before current OPT expires and runs to 60 days after the DSO enters the recommendation. A timely filed application brings an automatic 180-day extension of the current work permit, which ends once USCIS decides the case.
| Step | Window |
|---|---|
| Employer gives the company ID | Before the I-765 is filed |
| File the I-765 | Up to 90 days before current OPT expires, and within 60 days of the DSO recommendation |
| While the case is pending | Automatic 180-day extension, ending when USCIS decides |
Can I look the employer up myself?
Yes, through the E-Verify Employer Search page, which is publicly available. It shows whether the account is enrolled or terminated, the date the employer signed its E-Verify agreement and the hiring sites by state. Two limits matter. A listing does not necessarily mean every hiring site is enrolled, and the employer may have enrolled under a different name than the one on the offer letter. The search works as a quick check, but the company ID itself should come from the employer in writing.
| The search shows | It does not promise |
|---|---|
| Account status: enrolled or terminated | That every hiring site is enrolled |
| Enrollment date | That the listed name matches the offer letter |
| Hiring sites by state, as the employer reported them | A site list that is complete |
| Workforce size, only if the employer reported at least five employees | A size for smaller employers |
Who signs the I-983?
The employer does, through an official with signatory authority who knows the student’s goals and performance. A student may not provide the employer’s attestation on their own behalf. A start-up can qualify when every regulatory requirement is satisfied, so a small company is not automatically disqualified. A useful question is: “Who will sign my I-983, and have they seen the training plan?” An employer with a training program already in place can build the plan from that existing documentation.
| I-983 section | Completed by | What it holds |
|---|---|---|
| 3 | Employer | Name, EIN, weekly hours, pay |
| 4 | Employer | Certification signed by the official |
| 5 | Student and employer | Role, goals, oversight, how learning is measured |
| 6 | Employer official | Certification, including the periodic evaluations |
DHS can also conduct a site visit of any employer to verify the training, with 48 hours of notice, or with no notice when a complaint or evidence of noncompliance prompts the visit.
What will the I-983 say about hours and pay?
The job has to run at least 20 hours a week, and duties, hours and pay have to match what similarly situated U.S. workers get in the area. An employer with no more than two such workers still has to attest to matching terms. The student discloses the pay on the form. Study in the States tells students to pick employers that can guarantee the 20 hours. The question to ask: “Are the 20 hours guaranteed, and what salary goes on the form?”
| Employer attests | In plain words |
|---|---|
| Hours | At least 20 a week |
| Pay and duties | Same terms as similar U.S. workers |
| No replacement | The student does not replace a U.S. worker, full or part time |
| Training | Enough people and resources, with on-site supervision by experienced staff |
Do I need to get the i983 evaluation filled and signed by employer?
Yes, because the student writes a self-evaluation that both the student and the employer’s authorized signer must sign. The first is due within 12 months of the start date on the work permit, a final one follows at the end, and the DSO must receive each within 10 days. Skipping the final one breaks the I-983 terms. A material change needs a modified form signed by both: a new EIN, a pay cut not tied to hours, a big drop in hours or hours below 20.
| Event | Who acts | Deadline |
|---|---|---|
| First self-evaluation | Student and employer sign | Within 12 months of the start date |
| Evaluations reach the DSO | Student | 10 days after the period ends |
| Employer reports a departure | Employer | Five business days |
| Student reports a change, including losing the job | Student | 10 days |
Has anyone dealt with a layoff while their STEM OPT extension was still pending?
Unemployment days are limited to 90 days on initial OPT, and the extension adds 60 more for a total of 150. A new employer has to be enrolled in E-Verify before the student starts paid work, and a new I-983 goes to the DSO within 10 days of the start. So before accepting any replacement offer, ask: “Are you enrolled in E-Verify today?” If an employer is not following the rules, the student should leave and report the unemployment to the DSO.
| Period | Unemployment days |
|---|---|
| Initial post-completion OPT | 90 |
| Added by the STEM extension | 60 |
| Total across OPT and the extension | 150 |
Verdict
Before accepting an offer that has to carry a STEM OPT extension, get three things in writing: the employer’s E-Verify company ID, the name of the official who will sign the I-983, and a schedule of at least 20 hours a week with the pay that will go on the form. Most of the remaining information on the form follows from those three commitments.
Find employers that hire visa holders: Mynga Visa Jobs
Sources:eCFR: 8 CFR 214.2(f)(10)(ii)(C), STEM OPT extension, USCIS: Optional Practical Training Extension for STEM Students, Study in the States: Determining STEM OPT Extension Eligibility, Study in the States: Students' STEM OPT Reporting Requirements, Study in the States: Employers' STEM OPT Reporting Requirements, ICE: Form I-983, Training Plan for STEM OPT Students, E-Verify: Employer Search.
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