Hiring an employee with post-completion opt

[Holly2234 66]

Hi everyone,

 

This is a bit of a different angle for me as I am an immigrant and came here on a CR-1 a few years ago so I am familiar with that side of things.

 

I am now an HR manager and the owner of the company has extended an offer of employment to an employee who has a work authorization that will be expiring soon. He has the post-completion authorization. He mentioned renewing his authorization which is totally fine however he seems very reluctant to give me any information so I have done my own research. From his degree, I believe he is eligible for a STEM extention however it states everywhere I have looked that the employer must participate in e-verify. We do not participate. 

 

Is it a deal breaker for this employee to be able to renew if we don't participate? And are there any other restrictions I should know about so that we can try to overcome the roadblocks now so we don't hold up his application etc?

 

Thanks!

[randomstairs 270]

When I was on OPT (in STEM) my employer also didn't have e-verify and they informed me that they could not extend me due to that. They then filed for H1B instead. 

[Coco8 1,039]

Yeah, one requirement is haying e-verify. When I had to report the job I had to USCIS, I had to give them the e-verify number of my employer. 

 

There are a lot of rules with OPT about the number of days you can be unemployed; they also have to make sure you are working. That is why there are a lot of checks in place.

[CEE53147 559]

15 hours ago, Holly2234 said:

Hi everyone,

 

This is a bit of a different angle for me as I am an immigrant and came here on a CR-1 a few years ago so I am familiar with that side of things.

 

I am now an HR manager and the owner of the company has extended an offer of employment to an employee who has a work authorization that will be expiring soon. He has the post-completion authorization. He mentioned renewing his authorization which is totally fine however he seems very reluctant to give me any information so I have done my own research. From his degree, I believe he is eligible for a STEM extention however it states everywhere I have looked that the employer must participate in e-verify. We do not participate. 

 

Is it a deal breaker for this employee to be able to renew if we don't participate? And are there any other restrictions I should know about so that we can try to overcome the roadblocks now so we don't hold up his application etc?

 

Thanks!

 

OPT Stem extension requires the employer to participate in E-verify. The employee has reporting requirements.  There are training requirements that the employer needs to comply with.

 

I can think of no good reason for an employer not to participate in E-verify.  I expect you do not intend to hire individuals not legally entitled to work in the US and accept all documents presented without questioning their authenticity. These are common reasons for not participating.

 

This is a common situation so you should be able to find a wealth of information for employers; if you still have any questions, you should hire an immigration attorney (business specialist) to assist you. It is a cost of doing business.  Think of it as being funded by the FICA taxes you are not paying by employing an OPT rather than giving the opportunity for employment to a US citizen or LPR.

 

Having an attorney on retainer will assist you if you decide to file for an H-1B for the worker.  Note that for H-1B workers the FICA exemption does not apply; there are also salary requirements for H-1B sponsorship that do not apply for OPT.

 

P.S. IMO, your employer should be providing you continuing education opportunities to learn about this process since you are an HR manager.  You will likely be the person signing the petitions so be proactive on your own behalf.

Edited April 19, 2018 by CEE53147