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Desmond Du

Last edited 30 days ago by Desmond Du

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Introduction

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This page is written for international individuals or U.S. employers seeking to hire international employees and apply for the STEM Extension program. Additionally, it serves as a guide for internationals to navigate the process of being hired through STEM Extension via an LLC they start with their U.S. business partner.

Disclaimer

This site does not serve as a guaranteed source of accurate information. When in doubt, always consult official sources such as

USCIS⁠

(United States Citizenship and Immigration Services), ISSO (International Student Services Office), DSO (Designated School Official), HR (Human Resources), employer, or an attorney for relevant information regarding E-Verify and STEM Extension. This page is based on personal experiences in establishing an LLC with E-Verify and may not cover all scenarios or legal requirements.

Terminologies

OPT: Optional Practical Training, is a temporary employment authorization allowing international students in the United States to gain practical work experience in their field of study for 12 months.

STEM OPT: Science, Technology, Engineering, and Mathematics Optional Practical Training, is a 24-month extension of OPT available to eligible F-1 students with STEM degrees, allowing them to gain additional work experience in the United States.

E-Verify: E-Verify is an online tool used by employers to confirm if their employees are eligible to work in the United States by checking their information against government records.

E-Verify

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How To Find Participating Employers

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https://www.e-verify.gov/about-e-verify/e-verify-data/how-to-find-participating-employers⁠

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How do you Enroll your business in E-Verify

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Enrollment Checklist:⁠

Before you enroll, you should have the following information and be ready to provide it during the single web session:

Company legal name

Employer identification number (also called a Federal Tax ID Number)

Primary physical address from which your company will access E-Verify

Mailing address (if different from the physical address)

Hiring sites that will participate in E-Verify in each state

Total number of current employees

Your company’s North American Industry Classification System (NAICS) code

Contact information (name, phone number, email addresses) for your company’s Memorandum of Understanding (MOU) Signatory and Program Administrator

Go to

e-verify.gov⁠

to enroll

Yes, that’s it, and it’s free.

Source:

https://www.e-verify.gov/employers/enrolling-in-e-verify⁠

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STEM OPT Employer Requirements and Responsibilities

If you are an employer who wants to provide a practical training opportunity to a STEM OPT student during their extension, you must:

Have a valid Employer Identification Number (EIN) issued by the Internal Revenue Service for tax purposes.

Be enrolled in E-Verify, as evidenced by either a valid E-Verify company identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify client company identification number.

Report material changes of the STEM OPT student’s employment by submitting a modified Form I-983 to the DSO at the earliest available opportunity.

Report the STEM OPT student’s termination of employment or departure to the DSO within 5 business days.

Implement a formal training program (Form I-983) to augment the student’s academic learning through practical experience .

Remain a participant in good standing with E-Verify, as determined by USCIS.

Provide an OPT opportunity that is commensurate with those of similarly situated U.S. workers in duties, hours, and compensation.

Hiring

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New-hire

Here are some essential steps but not limited to:

Offer the position: Present the job offer to the candidate, including details about the role, salary, benefits, and start date. Usually, this is an employment contract or agreement.

Complete Form I-9: Have the employee fill out Form I-9 to verify their identity and eligibility to work in the United States.

Request tax forms: Have the employee complete tax forms such as Form W-4 for federal income tax withholding and any state or local tax forms required.

Set up employee’s payroll

If this is an extension

If you hired an international employee under OPT and wish to apply a STEM Extension, you should:

Complete and sign Form I-983, "Training Plan for STEM OPT Students."

Enter the employee's information to create a new case in E-Verify.

Provide supervision and evaluate the student's progress.

Report changes in the student's employment status or training plan to the Designated School Official (DSO) at the student's institution.

FAQs

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NAICS Code

Determine the NAICS code that best fits your business activities. For motion graphics, the NAICS code 512110 for Motion Picture and Video Production is commonly used. This code encompasses activities related to producing motion pictures, videos, television programs, and commercials, including animation and motion graphics work.

What is Form I-9

The Form I-9 is to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

How is Form I-9 related to E-Verify

The information from Form I-9 is used as input for the E-Verify system. Employers are required to complete Form I-9 for all employees to verify their identity and employment authorization. E-Verify then compares the information provided on Form I-9 with government databases to confirm the employee's eligibility to work in the United States.

What information do I need to enter into the E-Verify Database

Employee Information and Attestation

Legal Name

Date of Birth

U.S. Social Security Number

Employee's E-mail Address

Citizenship Status:

A citizen of the United States

A noncitizen national of the United States

A lawful permanent resident

A noncitizen authorized to work

Employer or Authorized Representative Review and Verification

List A Document / List B & C Document

Alien/USCIS Number

Document Number

Expiration Date

Additional Case Details

Employee's First Day of Employment (required)

Employee ID (optional)

Are there any resources once you enrolled in E-Verify

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Where to find the E-Verify company ID number?

The E-Verify company ID number, which consists of four to seven numerical characters, is located on each page of the memorandum of understanding directly below the E-Verify logo. Program administrators who have completed the tutorial may also find the company ID number by logging into E-Verify and selecting Company Profile under the Company Account tab. —

Source⁠

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Tips

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Typically, I draft the training plan by aligning the job description with the questions on Form I-983. Then, I present it to my employer for review and signature.