Lana Oconnell
Form I-9, also known as Employment Eligibility Verification, is a mandatory document for all US employers, including those hiring CPT and OPT students. While the process of completing Form I-9 is familiar to many employers, specific considerations apply to international students. F-1 students, for example, may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions. After the first academic year, F-1 students may seek off-campus employment through various programs. To participate in OPT, F-1 students must obtain an Employment Authorization Document (EAD) from US Citizenship and Immigration Services (USCIS) and are not permitted to begin employment until the start date specified. International students at Harvard University must check off the box for preparer and/or translator certification and enter their Form I-94 (Arrival-Departure Record) number.
| Characteristics | Values |
|---|---|
| Form I-9 Mandatory For | All U.S. employers, including those hiring CPT and OPT students |
| International Students Need | To present an Employment Authorization Document (EAD) to establish identity and employment authorization |
| EAD Issued To | F-1 STEM OPT students |
| F-1 Students | May not work off-campus during the first academic year |
| F-1 Students On-Campus Work | Allowed without approval from USCIS or DSO |
| F-1 Students Off-Campus Work | Allowed after the first academic year through various programs |
| M-1 Students | May only accept employment as part of a practical training program after completing their course of study |
| M-1 Students Employment Duration | Maximum of six months of practical training |
| CPT Students | May need to present Form I-20, Certificate of Eligibility for Nonimmigrant Student Status |
| Interns | Unremunerated interns/student trainees are not required to complete an I-9 form |
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What You'll Learn
International students and employment eligibility
International students can obtain work authorization in the US under specific circumstances, whether during their studies or after graduation. Most international students who are neither US citizens nor permanent residents enroll in academic programs under one of two non-immigrant student immigration statuses: F-1 or J-1.
F-1 Visa
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 their first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT): CPT encompasses alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student’s school. CPT is authorized by a Designated School Official (DSO) and documented on the student’s Form I-20.
- Optional Practical Training (OPT): F-1 students must first obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) to participate in OPT. Students are not permitted to begin employment until the start date specified on their EAD. After completing their course of study, an F-1 student can be authorized for up to 12 months of full-time OPT. Certain F-1 students may qualify for an extension of their OPT, and are eligible for an additional 24 months of work authorization.
- Severe Economic Hardship: USCIS will authorize off-campus employment only in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year.
J-1 Visa
Some international students also maintain J-1 student status. However, there is limited information in the sources provided regarding employment eligibility for J-1 students.
Form I-9
Form I-9, Employment Eligibility Verification, is a mandatory document for all US employers, including those hiring CPT and OPT students. While many employers are familiar with the general process of completing Form I-9, specific considerations apply to international students. For example, international students must enter their Form I-94 (Arrival-Departure Record) number. Additionally, international students without a social security number can leave this section blank.
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CPT and OPT students
Form I-9, Employment Eligibility Verification, is a mandatory document for all US employers, including those hiring CPT and OPT students. While the form is familiar to many employers, specific considerations apply to international students. CPT students should select "'A noncitizen authorized to work until'" in Section 1 of Form I-9, and enter the CPT employment end date as listed in the employment authorization section of their Form I-20. For F-1 students on OPT, the employment authorization is documented with an Employment Authorization Document (EAD). In Section 2, enter the EAD card number and card expiration date under List A.
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. CPT includes alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student's school.
To participate in OPT, F-1 students must first obtain an EAD from U.S. Citizenship and Immigration Services (USCIS). Students are not permitted to begin employment until the start date specified on their EAD. While still enrolled in school, an F-1 student authorized for OPT may work up to 20 hours per week while school is in session and full-time during the student's annual vacation or when school is not in session. After completing their course of study, an F-1 student can be authorized for up to 12 months of full-time OPT. Certain F-1 students may qualify for an extension of their OPT, and are eligible for an additional 24 months of work authorization.
STEM OPT stands for "Science, Technology, Engineering, and Mathematics Optional Practical Training." The program allows international students who obtained their degrees in STEM fields from US schools to work for an employer enrolled and in good standing with E-Verify, the electronic employment eligibility verification program administered by USCIS.
Unremunerated interns/student trainees are not required to complete an I-9 form.
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E-Verify and TNCs
International students on F-1 visas in the United States may be eligible to participate in CPT (Curricular Practical Training) or OPT (Optional Practical Training). CPT encompasses alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student's school. OPT, on the other hand, allows international students to gain work experience related to their major area of study.
To participate in OPT, F-1 students must first obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). Students cannot begin employment until the start date specified on their EAD. While still enrolled in school, an F-1 student authorized for OPT may work up to 20 hours per week during the school session and full-time during annual vacations or when school is not in session. After completing their course of study, an F-1 student can be authorized for up to 12 months of full-time OPT, with certain students qualifying for an additional 24-month extension under the STEM OPT program.
Form I-9, Employment Eligibility Verification, is a mandatory document for all U.S. employers, including those hiring CPT and OPT students. While the general process of completing Form I-9 is familiar to many employers, specific considerations apply to international students. For instance, even interns may be required to complete an I-9 form if the internship provides compensation or other benefits that could be considered payment for services. However, unremunerated interns or student trainees are not mandated to complete this form.
E-Verify is a system that compares the information provided by employees on Form I-9 against records available to the Department of Homeland Security (DHS) and the Social Security Administration (SSA). If the information matches, the employee's case receives an "Employment Authorized" result. Conversely, if there is a discrepancy, the case will receive a Tentative Nonconfirmation (TNC or mismatch) result. Employers must then follow proper E-Verify procedures, providing employees with an opportunity to take action to resolve the mismatch. Employees have ten federal government working days to decide whether to take action, and employers cannot take adverse actions against employees who choose to resolve the mismatch. If E-Verify cannot instantly confirm employment eligibility, a manual review of government records is conducted, with DHS typically responding within 24 hours.
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Required documentation
International students who are employed must complete Form I-9, Employment Eligibility Verification. This form is mandatory for all US employers, including those hiring CPT and OPT students. While the process is similar to that for other employees, specific considerations apply to international students.
For nonimmigrant F-1 students, the following documents establish their identity and employment authorization for Form I-9:
- Employment Authorization Document (EAD) issued by US Citizenship and Immigration Services (USCIS). This document states the student's name, employment authorization, and expiration date.
- Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, which is documented by the student's Designated School Official (DSO). This form includes information about the student's program end date and any extensions.
- For F-1 STEM OPT students, an expired EAD can be presented with Form I-20 endorsed by the student's designated school official, recommending a STEM extension.
- For CPT students, authorization from their DSO, documented on Form I-20, is required before beginning Curricular Practical Training. This includes internships, cooperative education, or other required practicums offered through agreements with the student's school.
- For M-1 nonimmigrant students pursuing nonacademic or vocational studies, the admission notation on their Form I-94 usually states "D/S," indicating duration of status.
Additionally, international students must provide their Form I-94 (Arrival-Departure Record) number and enter their expiration date, which can be found on their visa. If an international student does not have a Social Security number, they can leave this section blank.
It is important to note that unremunerated interns or student trainees who do not receive compensation are not required to complete an I-9 form.
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Reverification and rehiring
International students on F-1 visas in the US who are enrolled in Curricular Practical Training (CPT) or Optional Practical Training (OPT) are required to complete Form I-9, which is a mandatory employment eligibility verification document.
If an employee's original Form I-9 was created less than three years ago and was sent to E-Verify, a Section 3 Rehire Entry must be completed on the original Form I-9. If the work authorization has expired, Section 3 Reverification is also required, in addition to the Section 3 Rehire Entry.
If the original Form I-9 was never sent to E-Verify, a new Form I-9 must be completed to create an E-Verify case.
If an employee is rehired within three years of the date the previous Form I-9 was completed, either a new Form I-9 can be completed, or Supplement B of the previously completed Form I-9 can be filled out. If the previous Form I-9 was an old version, a new block in Supplement B on the current version of the form must be completed.
If the employee is no longer authorized to work or their employment authorization documentation has expired, they must present an unexpired List A or List C document. If their List B (identity) document has expired, it does not need to be reverified.
If there is a legal name change, the name used on the Form I-9 should match the name on the employee's Social Security Card. While documentation of a name change is not required, it is recommended to ensure the employer is reasonably assured of the employee's identity.
If a country's Temporary Protected Status (TPS) is extended, beneficiaries with the most current TPS EAD Card can have their status automatically extended without a new EAD Card. Certain EAD categories may also receive automatic extensions of up to 180 days from the date their EAD expires.
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Frequently asked questions
Yes, international students are required to fill out an I-9 form for employment eligibility verification.
International students can provide an unexpired foreign passport and Form I-94 indicating their nonimmigrant status. Alternatively, they can present their Employment Authorization Document (EAD) which establishes their identity and employment authorization.
Students can find their "Authorized to Work Until" date on their EAD, which is entered in the "Authorized to Work Until" field in Section 1 of Form I-9.
When the EAD expires, employers must reverify the student's employment authorization. Students may present any List A or List C document that shows they are authorized to work in the US.
Yes, specific considerations apply to CPT and OPT students. For instance, F-1 students must obtain an EAD and can only work a limited number of hours while enrolled in school. Additionally, certain documents such as Form I-20 may be required for CPT students.
