For Form I-9, Employment Eligibility Verification, purposes, the combination of the following documents is considered a List A document that shows both identity and employment authorization:
- An unexpired foreign passport;
- Form I-94, Arrival/Departure Record, indicating F-1 nonimmigrant status; and
- Form I-20 with the DSO endorsement for employment. In Section 2 of Form I-9, you should enter information from the employee’s:
- Unexpired foreign passport;
- Form I-94 indicating F-1 nonimmigrant status; and
- Form I-20 with the DSO endorsement for employment.
Full Answer
How do I Complete Form I-9 as an F-1 student?
To complete Form I-9, these students may present a combination of their unexpired foreign passport and Form I-94 indicating F-1 nonimmigrant status as an acceptable List A document. Locations where F-1 students may work include:
When to complete CPT section 1 on Form I-9?
Completing Section-1 of the Form I-9 for CPT & OPT Students An F-1 nonimmigrant student may begin CPT after the Designated School Official (DSO) has authorized CPT on the student’s Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
Can a F-1 student work on opt?
OPT provides a practical training experience that directly relates to an F-1 student’s major area of study. Foreign students in F-1 nonimmigrant status participating in OPT must obtain an EAD from USCIS before they are authorized to work. The student may not begin employment until the date indicated on the EAD.
Do employers need to complete I-9s for CPT and opt students?
Every new employee hired after November 6, 1986, is required to have an I-9 form. So, employers should complete I-9s for students who are working on either CPT or OPT. Let’s have a quick glance at how both these training programs function.
How do I complete an I-9 on a F-1 visa?
Foreign students in F-1 nonimmigrant status may work on campus without the approval of a designated school official (DSO) or USCIS. To complete Form I-9, these students may present a combination of their unexpired foreign passport and Form I-94 indicating F-1 nonimmigrant status as an acceptable List A document.
Is I-9 required for OPT?
Is Form I-9 needed for CPT & OPT employees? Yes. The purpose of the I-9 is to help employers verify the identity and employment authorization of each person they hire. Every new employee hired after November 6, 1986, is required to have an I-9 form.
Am I still considered an F-1 student while on OPT?
During your pending OPT application and after the OPT approval by USCIS, F-1 students will remain in F-1 status under the I-20 sponsorship of UC Berkeley. OPT is a benefit of your F-1 status and extends your ability to remain in the United States for the purpose of seeking employment in your field of study.
Are F-1 visa students aliens authorized to work?
Answer: Yes. As an international student on an F-1 visa, you have work authorization through CPT and OPT. Also, students on other visas typically have work authorization as well.
How do you explain OPT to an employer?
OPT is a type of F-1 off campus work authorization for degree-seeking students who wish to gain experience in jobs directly related to their major area of study. Other Characteristics of OPT: No employer sponsorship needed. Students must be enrolled for one year before applying for OPT.
How long does it take for OPT to be approved 2022?
about 90-120 daysProcessing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.
What happens if I apply for OPT but don't graduate?
OPT--What happens if I don't graduate on time? Print. Students may apply for OPT in their last semester, up to 90 days before their program end date. In some cases, a student with a pending OPT application could end up being ineligible for the OPT due to complications in the final semester.
How can I keep F-1 status after OPT?
To maintain your F-1 status while on Post-Completion OPT, you must:Report your employment and U.S. address. ... Work at least 20 hours per week.Not exceed the allotted 90 days of unemployment time. ... Report to ISS: ... Report within ten days using the SEVP Portal:
What happens if my f1 visa expires while on OPT?
If your F-1 visa has expired, and OPT or OPT STEM Extension application is pending, you will NOT be able to apply for a new F-1 visa until the application is approved and you have the EAD.
How many hours can you work on OPT?
If you are authorized to participate in pre-completion OPT, you may work (20 hours or less per week) while school is in session. You may work full time when school is not in session.
Can I hire someone on an F-1 visa?
Isn't it illegal to hire international students because they do not have a green card? No. Federal regulations permit the employment of international students on F‐1 and J‐1 visas within certain limits. These visas allow students to work in jobs related to their major field of study.
Do interns complete an I-9?
Interns do not complete an I-9 unless they receive something of value from the employer in exchange for their labor and services. This is known as remuneration. Unremunerated individuals, including interns/student trainees, are not required to complete an I-9.
When do I send section 1 of I-9?
As per the norm, your student employee should complete section-1 by the end of first day of work.
What is the purpose of an I-9?
The purpose of the I-9 is to help employers verify the identity and employment authorization of each person they hire. Every new employee hired after November 6, 1986, is required to have an I-9 form. So, employers should complete I-9s for students who are working on either CPT or OPT.
What is an EAD in OPT?
Students participating under the OPT training may present their Employment Authorization Document (EAD) as a supporting document. This a List A document that establishes their identity and employment authorization. As an employer, you should enter the card information including the number and expiration date in Section 2 of Form I-9. Else the employee can submit a combination of List B and List C documents.
Why do employers need to keep I-9s?
Form I-9s are exclusively for those employees who work for remuneration. Even after decades of its existence, employers still struggle to ensure I-9 compliance. This is due to the complications involved in staying up-to-date with it or due to lack of awareness about Form I-9 instructions. Let the experts guide you.
Why do employers struggle with I-9?
This is due to the complications involved in staying up-to-date with it or due to lack of awareness about Form I-9 instructions. Let the experts guide you.
Can I do CPT on an F-1?
An F-1 nonimmigrant student may begin CPT after the Designated School Official (DSO) has authorized CPT on the student’s Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. As an employer, it is your responsibility to share the Form I-9’s section-1 with these new hires on the date of hire. You can also send this section for completion once your new hire accepts the job offer, but not before.
When does the cap gap end for F-1?
This Cap-gap period ends on September 30th of the year you filed Form I-129, but only if the student’s H-1B status begins on Oct. 1.
When can I start my OPT?
You may begin your OPT only after we approve your Form I-765 and you receive your Employment Authorization Document (EAD).
How long does it take to get an extension for OPT?
If you have earned a degree in certain science, technology, engineering and math (STEM) fields, you may apply for a 24-month extension of your post-completion OPT employment authorization if you:
How long is post completion OPT?
For example, if you participated in 10 months of pre-completion OPT, you would be eligible for only up to 2 months of post-completion OPT.
What is an OPT?
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
What is the form I-765?
Properly file Form I-765, Application for Employment Authorization with USCIS, accompanied by the required fee and the supporting documentation as described in the form instructions.
How long do you have to apply for a degree before you can apply for a job?
May apply up to 90 days before you complete your degree, but no later than 60 days after you complete your degree.
When can I file Form I-765?
1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by Oct. 31, 2021. Read more here: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT.
What is an I-9?
Form I-9 is used by employers to verify the identity and employment authorization for individuals hired to work in the U.S. Two common errors that employers often make on the I-9 form are the following: employers either fail to perform reverification, or employers perform late reverification of the employee’s work authorization. Below are some common questions regarding I-9 reverification of temporary nonimmigrant workers.
What is the I-9 training?
To guarantee full compliance with federal regulations, employers should always implement proper hiring processes and procedures and provide I-9 compliance training to those responsible for the hiring and retention of the company’s employees.
When should I perform reverification?
Reverification must occur no later than the date the employment authorization expires. For example, if the employee has a STEM OPT EAD that is about to expire on February 1, 2020, the employer must reverify the employee before or on that date so that the employee can continue working.
What does the employee need to show upon reverification?
Upon reverification, the employee must present a document that shows current employment authorization, such as a List A (permanent resident card, EAD card, foreign passport with Form I-94 and containing an endorsement to work, etc.) or List C document (such as an unrestricted social security card). It is important to note that an employer cannot continue to employ an employee who cannot provide proof of current employment authorization.
How to reverify in Section 3?
To reverify in Section 3 during the student’s cap-gap period, the employer should record the EAD document title, EAD document number, the date the EAD expired in the expiration date space, and write “CAP-GAP” in the Additional Information field.
When should an employer reverify an employee's EAD card?
If the employee receives an extension of the EAD prior to the date of expiration, the employer should record the document title, document number, and new expiration date in Section 3.
Can an employer reverify a passport?
No. Employers should never reverify if the employee has a U.S. Passport or Passport Card or a Permanent Resident Card (Form I-551).
When is Section 1 of I-9 required?
The employee is obligated to complete Section 1, Employee Information and Verification, of the Form I-9 no later than the first day of employment. Section 1 can be completed any time after the employee accepts the job offer but no later than the first day of employment. The employer is obligated, after physically examining ...
What is an I-9?
Form I-9 is the Employment Eligibility Verification Form issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services.
What is e-verify for employment?
E-Verify is an internet-based system, owned by the Dept. of Homeland Security in partnership with the Social Security Administration . The E-Verify system allows an employer, using information reported on an employee's Form I-9, to confirm whether the employee is eligible to work in the USA. For most employers, the use of E-Verify is voluntary and limited to determining the employment eligibility of new hires only. Due to our designation as a Federal Contractor, Vanderbilt University is required to use E-Verify. Vanderbilt has also decided to verify all existing employees through the E-Verify system.
How long does it take to complete section 2 of I-9?
Section 2 of the Form I-9 must be completed and signed by every employer within three business days of the hire. If the employment relationship will last less than three days, then section two must be completed at the time of hire.
How long can I work on an I-765?
An F-1 student who has timely filed Form I-765 for a 17-month STEM extension of his/her post-completion OPT, and whose EAD (Form I-766) has expired, is authorized to continue working while the Form I-765 application is pending for a period not to exceed 180 days.
How long can I work for the same employer?
Immigration regulations authorize employment with the same employer for up to 240 days after a non-frivolous petition for extension of status is filed. While the employment is authorized, there is no provision on the Form I-9 for the documentation of this fact.
What happens if I don't complete the I-9?
If a company has an individual complete the Form I-9 but no offer is extended, then the company could be faced with a claim of discrimination. This is due to the fact that the Form I-9 asks about citizenship and alienage, and it requires the production of documents that might indicate national origin.
