Working With Form I-9: Options For International Students

International students in the US who are seeking employment must complete Form I-9: Employment Eligibility Verification. This form is used to verify an individual's identity and employment authorization. The requirements for completing Form I-9 vary depending on the student's visa status, such as F-1 or M-1, and the type of employment, such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Students may need to present specific documents, including passports, visas, and Employment Authorization Documents (EAD), to establish their eligibility to work. Additionally, employers play a role in providing new hires with Section 1 of Form I-9 and ensuring compliance with immigration regulations. Understanding the intricacies of Form I-9 is essential for international students seeking employment opportunities in the United States.

F-1 students can work on campus without approval from USCIS

International students in the US are typically admitted under either an F-1 or M-1 visa category. F-1 students are those pursuing academic studies and/or language training programs, while M-1 students are those pursuing non-academic or vocational studies.

F-1 students are eligible to work on campus without approval from USCIS until they complete their course of study. However, on-campus employment is limited to 20 hours per week when school is in session. An exception to this limitation is in cases of emergent circumstances that the Department of Homeland Security announces in a Federal Register notice.

F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and economic hardship employment authorisation.

CPT can be part-time or full-time and includes alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student's school. It must be an integral part of the student's established curriculum. Working full-time for 12 months or more in CPT may make the student ineligible for OPT. For CPT, employment authorisation is documented through the student's Form I-20, endorsed by their Designated School Official (DSO).

OPT is available to students in Science, Technology, Engineering, and Mathematics (STEM) fields. Students in these fields may be eligible to work off-campus on a case-by-case basis due to special situations such as severe economic hardship or special student relief. For OPT, work authorisation is typically documented by the Employment Authorisation Document, which the student must present.

Economic hardship employment authorisation is granted in cases of economic hardship or emergent circumstances. If USCIS approves an F-1 student's employment authorisation application for off-campus employment, they will send the student a Form I-766, "Employment Authorisation Document", and a letter notifying them of the decision.

In summary, F-1 students can work on campus without approval from USCIS, but there are limitations on the number of hours worked per week. Off-campus employment for F-1 students is generally not permitted during the first academic year but may be available in subsequent years through CPT, OPT, or economic hardship employment authorisation.

CPT includes internships, cooperative education, and required practicums

International students with F-1 non-immigrant status may be eligible for Curricular Practical Training (CPT) to gain work experience in the US. CPT is a type of work authorization that allows international students to participate in off-campus internships, practicums, and other work-study programs. CPT is only authorized if the work is considered an integral part of the student's degree curriculum.

Cooperative education, or co-ops, are another form of CPT. These are structured programs that combine classroom learning with practical work experience. Students alternate between semesters of study and semesters of full-time work, gaining relevant experience in their field of study.

Required practicums, as part of CPT, are also off-campus work experiences that are necessary for the student's degree program. These practicums must be integral to the curriculum and are often a requirement for graduation.

It is important to note that CPT authorization is granted by the student's Designated School Official (DSO) and is documented on their Form I-20. CPT can be part-time or full-time, but working full-time for 12 months or more may affect the student's eligibility for Optional Practical Training (OPT). Additionally, even for interns, an I-9 form may be required if the internship provides compensation or benefits that could be considered payment.

E-Verify is an electronic employment verification system

International students with F-1 non-immigrant status may be eligible for Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT can include alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student's school. It must be an integral part of the student's established curriculum. For OPT, work authorization is typically documented by the Employment Authorization Document, which the student must present.

Regardless of their employment type, international students may be required to complete Form I-9, Employment Eligibility Verification. This form is used to confirm an employee's identity and that they are authorized to work in the United States. E-Verify is an electronic employment verification system that compares the information entered by an employer from an employee's Form I-9 to records available to the US Department of Homeland Security and the Social Security Administration. It is the only free, fast, online service of its kind that electronically confirms an employee's information against millions of government records and provides results within as little as three to five seconds.

E-Verify is managed by the United States Citizenship and Immigration Services (USCIS). Employers can register for E-Verify online and access the system with a username and password. E-Verify is a convenient, efficient, and time-saving tool for employers to confirm the employment eligibility of their employees. It is a voluntary program, and employers are not required to use it. However, for STEM OPT students, employers must be enrolled and in good standing with E-Verify.

To use E-Verify, employers must first complete Form I-9 for each new employee. Section 1 of Form I-9 must be provided to the employee on their hire date or after they accept the job offer. The employee must complete Section 1 by the end of their first work day, providing their full legal name, address, and date of birth. Once Form I-9 is complete, the employer can then enter the information into E-Verify to confirm the employee's eligibility to work in the United States.

Students must provide one document from column A, B, and C

Students must present their employer with documentation to prove their identity and authorization to work. This is done through Form I-9, which must be completed within three days of the student's date of hire. The employer must physically examine the documents presented by the student in person or use an alternative procedure authorized by the Secretary of Homeland Security.

List A documents prove both identity and employment authorization, and employees presenting an acceptable List A document do not need to present any other documents. List B documents prove identity only, and List C documents prove employment authorization only. If a student presents a combination of List B and List C documentation, the List B document must contain a photograph.

Students can choose which documentation they will present from the Form I-9 Lists of Acceptable Documents. Employers cannot specify which documentation students will present. However, employers may reject a document if it does not reasonably appear to be genuine or relate to the student presenting it.

Some acceptable List A documents include:

• Permanent Resident Card (PRC)
• Foreign passport with a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
• Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States

Students can work off-campus after the first academic year

International students with F-1 nonimmigrant status are not permitted to work off-campus during their first academic year. However, they may accept on-campus employment, provided they meet certain conditions and restrictions. On-campus employment is limited to 20 hours per week while school is in session.

After completing their first academic year, F-1 students can seek off-campus employment through various programs. To work off-campus, F-1 students must ensure that their off-campus employment is related to their area of study and is authorised by the Designated School Official (DSO) before starting work. The DSO is responsible for maintaining the Student and Exchange Visitor Information System (SEVIS).

There are three types of off-campus employment options for F-1 students:

• Curricular Practical Training (CPT): CPT can include alternative work/study programs, internships, cooperative education, or other required practicums offered by employers through agreements with the student's school. It must be an integral part of the student's curriculum. CPT can be part-time or full-time, but working full-time for 12 months or more may affect the student's eligibility for Optional Practical Training (OPT). CPT employment authorisation is typically documented through the student's Form I-20, endorsed by the DSO.
• Optional Practical Training (OPT): F-1 students who have earned a bachelor's, master's, or doctoral degree in a STEM field from an accredited and Student Exchange Visitor Program (SEVP)-certified school may apply for a 24-month extension of their OPT before their current OPT employment authorisation expires. OPT work authorisation is documented by the Employment Authorisation Document (EAD), which the student must present.
• Science, Technology, Engineering, and Mathematics (STEM) OPT Extension: F-1 students with a STEM degree may be eligible for a 24-month extension of their OPT. To employ an F-1 STEM OPT student, employers must enrol in E-Verify and remain in good standing. The Employment Authorisation Documents issued to STEM OPT students will be marked with the notation "STU: STEM OPT ONLY".

It is important to note that F-1 students seeking off-campus employment must complete Form I-9, Employment Eligibility Verification. This form requires students to provide personal information, including their full legal name, address, and date of birth. Students may present a combination of their unexpired foreign passport and Form I-94 indicating F-1 nonimmigrant status as acceptable List A documents. Additionally, students with an EAD should enter their EAD information, including the Alien Number (A-Number), EAD card number, and expiration date under List A in Section 2 of Form I-9.

Frequently asked questions