OPT STEM extension--secondary part time employer

CalGreenCard

Registered Users (C)
Slightly unusual question here in that it is usually the employee trying to convince the employer (who is skeptical) that they can, indeed, legally be hired. Here it is the other way around--we (the employer) think the employee is eligible but they themselves are skeptical.

The situation is that our employee is an occasional, part-time, employee who was on F-1 OPT. He had a full time job with another employer. As his 12 month OPT period neared expiration, he wanted to apply for the STEM extension but couldn't do so as his full time employer wasn't enrolled in e-verify. Thus he switched full time jobs to a new full time employer who IS in e-verify and, on that basis, applied for his STEM extension. The application is pending with USCIS and he is currently in his automatic 180 day extension based on that renewal application.

We wish to continue to employ this person on an occasional basis. However the problem is that we are NOT enrolled in e-verify and the employee is saying he cannot continue to work for us. Is that true? If he has an EAD (or pending EAD application) on the strength of his full time job with an e-verify employer, can he work for us--as very much a second job--using this EAD, even though we aren't in e-verify?

We do want to benefit from this person's occasional services however given that we are a fairly large employer and this person is only one part time employee, we probably would not be able to change our e-verify policy just to accomodate this one person.
 
He's correct - All employers need to be in everify if he's on STEM ext - why don't you confirm with your inhouse counsel?
 
Top