International Students: I-9 Employment Eligibility Explained

can international students fill out i9

International students in the United States on an F-1 nonimmigrant visa are required to fill out Section 1 of Form I-9, also known as the Employment Eligibility Verification Form, when they are hired for employment. This form is used to verify the identity and employment authorization of individuals seeking employment in the country. Students must provide specific documents, such as a passport, birth certificate, driver's license, or ID card, to establish their eligibility to work. Section 1 of Form I-9 must be completed by the end of the student's first workday, and it requires them to provide personal information, including their full legal name, address, and immigration status.

Characteristics Values
Form I-9 Mandatory For Employers
Form I-9 Purpose Verify identity and employment authorization
Form I-9 Applicable To CPT and OPT students, interns
Documents Required Passport, birth certificate, driver's license, ID card, Social Security number, Alien Registration Number, Form I-94
Sections 1 and 2

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F-1 students must fill out I-9 forms

F-1 students in the United States on a nonimmigrant student visa are required to fill out the I-9 form when they are hired for employment. This is to verify their eligibility to work in the US and confirm their legal status. The I-9 form, also known as the Employment Eligibility Verification Form, is a mandatory document for all US employers.

F-1 students are typically allowed to work in the US under certain conditions set by the US Citizenship and Immigration Services (USCIS) regulations and the terms of their student visa. These conditions include obtaining permission from their Designated School Official (DSO) before starting on-campus employment. Curricular Practical Training (CPT) is a type of work authorization that allows F-1 students to work off-campus in a job related to their field of study as part of their curriculum. To participate in CPT, F-1 students must first receive approval from their DSO.

To complete the I-9 form, F-1 students must provide specific documents to establish their identity and employment authorization. These documents are categorized into three lists: List A, List B, and List C. Individuals must present either one document from List A or a combination of one document from List B and one document from List C. For example, a state driver's license (List B document) and, under List C #7, a Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20.

Section 1 of the I-9 form is where the employee provides their personal information, including their full legal name, address, citizenship or immigration status, and other relevant details. Employers are responsible for providing new hires with Section 1 of the form on or before their hire date. By law, the student employee must complete Section 1 by the end of their first workday.

The I-9 form must be completed within a few days of the employee's hire date and kept on file by the employer for a specified period, usually three years after the date of hire or one year after employment termination, whichever is later. Employers are responsible for ensuring that the information provided on the form is accurate and valid. Failure to properly complete and retain I-9 forms can result in penalties.

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CPT and OPT students

Form I-9, Employment Eligibility Verification, is a mandatory document for all U.S. employers, including those hiring CPT and OPT students. While the form is familiar to many employers, specific considerations apply to international students. CPT stands for Curricular Practical Training, which encompasses alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student’s school. F-1 nonimmigrant students may begin CPT after receiving authorization from their Designated School Official (DSO), documented on the student’s Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

For CPT students, work authorization is documented through the student’s Form I-20, endorsed by their DSO, and their employment authorization can be verified via a job offer letter. CPT employment authorization details, such as start and end dates, employment type, and employer details, should be included on the Form I-20. The CPT Employment End Date should be used as the expiration date in Section 2 of Form I-9.

OPT stands for Optional Practical Training, which is temporary employment 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 or after completing their academic studies. F-1 students who have earned a degree in a STEM field may apply for a 24-month extension of their OPT.

For OPT students, work authorization is typically documented by the Employment Authorization Document (EAD), which the student must present. In Section 2 of Form I-9, the EAD card number and card expiration date should be entered under List A. When the EAD expires, employers must reverify the student’s employment authorization using Supplement B. It is important to note that an I-9 form may be required for interns if the internship provides compensation or other benefits that could be considered payment for services.

In summary, both CPT and OPT students are subject to Form I-9 requirements, but the specific documentation and processes differ. Employers must ensure compliance with immigration regulations when hiring international students under these programs.

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Employment eligibility verification

The I-9 form, also known as the Employment Eligibility Verification Form, is used to verify the identity and employment authorization of individuals in the United States. It is a mandatory document for all U.S. employers, including those hiring CPT and OPT students. F-1 students on a nonimmigrant student visa are required to fill out the I-9 form when they are hired for employment, just like any other individual seeking employment in the country.

F-1 students are generally allowed to work on their school premises, such as in a library, cafeteria, or administrative office. They may need permission from their Designated School Official (DSO) before starting on-campus employment. OPT (Optional Practical Training) is a program that allows F-1 students to work off-campus in a field related to their major area of study. To participate in OPT, students must apply for and receive authorization from the U.S. Citizenship and Immigration Services (USCIS) and their DSO.

To complete the I-9 form, F-1 students must provide specific documents that establish their identity and employment authorization. These documents are categorized into three lists: List A, List B, and List C. Individuals must present either one document from List A or a combination of one document from List B and one document from List C. Acceptable documents include a passport, driver's license or ID card issued by a U.S. state or outlying possession, and an Employment Authorization Document issued by the Department of Homeland Security (DHS).

Section 1 of the I-9 form requires employees to provide personal information, including their full legal name, address, citizenship or immigration status, and other relevant details. The employer is responsible for providing new hires with Section 1 on their hire date or after they accept a job offer. Employees must complete this section by the end of their first workday. Section 2 of the form is completed by the employer to confirm the employee's eligibility no later than the employee's third day of work.

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Acceptable documents for I-9

The I-9 form is mandatory for employers offering employment to students on F-1, J-1, or M-1 visas. It is used to verify the identity and employment authorization of individuals. To complete the I-9 form, individuals must present specific documents from List A, List B, and List C.

List A documents show both identity and employment authorization. They include:

  • 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.
  • Receipt for a replacement of a lost, stolen, or damaged List A document.
  • INS-issued Form I-179, Identification Card for Use of Resident Citizen in the United States.
  • Employment Authorization Document issued by the Department of Homeland Security (DHS).

List B documents establish identity only. They include:

  • Driver's license or ID card issued by a U.S. state or outlying possession, or by a Canadian government authority, provided it contains a photograph or specific identifying information.
  • ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or specific identifying information.
  • ID card issued to active-duty U.S. military personnel, selected reserve, Department of Defense civilian employees, and eligible contractor personnel.
  • ID Card for U.S. military family members and U.S. military retirees.

List C documents establish employment authorization or provide proof of eligibility to work in the U.S. They include:

  • A Form I-797 issued to a conditional resident, in combination with an expired Form I-551.
  • Receipt for a replacement of a lost, stolen, or damaged List C document.
  • Employment Authorization Document that contains a photograph (Form I-766).

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I-9 form Section 1

F-1 students in the United States on a nonimmigrant student visa are required to fill out the I-9 form, also known as the Employment Eligibility Verification Form, when they are hired for employment. This form is used to verify the identity and employment authorization of individuals seeking employment in the country.

Section 1 of the I-9 Form is where the employee provides their personal information, citizenship or immigration status, and other relevant details. The employer is responsible for providing new hires with this section of the form on their hire date or after they have accepted the job offer. The student employee must complete Section 1 by the end of their first workday.

  • Obtain a copy of the current version of the I-9 Form from the official U.S. Citizenship and Immigration Services (USCIS) website.
  • Print out the form and fill it out, or use an electronic version provided by the employer.
  • Provide your full legal name (last name, first name, middle initial, and any other last names used). The name should match your official documents.
  • Enter your current address, including the street address, apartment number (if applicable), city, state, and ZIP code.
  • Provide your date of birth.
  • Select "A noncitizen authorized to work until" as the citizenship status if you are an OPT student.
  • Enter the "Card Expires" date from your Employment Authorization Document (EAD) in the "Authorized to Work Until" field.

It is important to complete Section 1 accurately to avoid potential violations and penalties.

Frequently asked questions

Yes, international students on an F-1 visa in the United States are required to fill out the I-9 form when hired for employment.

The I-9 form, also known as the Employment Eligibility Verification Form, is used to verify the identity and employment authorization of an individual.

The form requires personal information such as an individual's full legal name, address, and immigration status. Students must also provide acceptable documents, such as a passport or birth certificate, to establish their identity and authorization to work.

Students can usually download the I-9 form from the official U.S. Citizenship and Immigration Services (USCIS) website. Alternatively, some employers may provide a digital version to be filled out electronically.

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