October 1, 2008

E-Verify Required for CPT Students

Per the Department of Homeland Security, (“DHS”), an employer registered with E-Verify must run the program-mandated query on every individual it seeks to employ whose work authorization is based on Curricular Practical Training (“CPT”).

Unlike students employed pursuant to Optional Practical Training (“OPT”), those with CPT work authorization are not required to possess an Employment Authorization Document (“EAD”). Because E-verify cannot access the Student Information and Exchange Visitor System (“SEVIS”) to verify CPT authorization in the first step of the E-Verify process, all CPT students need to be checked through secondary verification. According to DHS, employment eligibility for individuals with CPT should be verified within 24 hours of the secondary verification request provided their records are located in the SEVIS database.

E-verify is an online government employment eligibility verification system which permits participating employers to verify the employment eligibility status of individuals it seeks to employ by checking the information provided on their I-9 forms against that of the DHS and the Social Security Administration (“SSA”). At this time, employer participation in E-verify is voluntary (with certain exceptions for federal contractors).