Ibrahim Gardner
International students in the United States on an F-1 visa are required to fill out Form I-9, also known as the Employment Eligibility Verification Form, when they are hired for employment. This form serves to verify the identity and employment authorization of the individual. Students must present specific documents, categorized into three lists: List A, List B, and List C. They must provide either one document from List A or a combination of one document from List B and one from List C. 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.
| Characteristics | Values |
|---|---|
| Who needs to fill Form I-9? | F-1, J-1, or M-1 visa holders |
| What is Form I-9? | Employment Eligibility Verification Form |
| Who needs to maintain Form I-9? | Employers |
| Who is responsible for ensuring the information on Form I-9 is accurate? | Employers |
| What happens if Form I-9 is not filled out properly? | Employers may face penalties |
| When do F-1 visa holders need to fill Form I-9? | When they are hired for employment |
| What do F-1 visa holders need to fill out Form I-9? | Documents that establish their identity and employment authorization |
| What are the categories of documents required for Form I-9? | List A, List B, and List C |
| What is an example of a List A document? | Employment Authorization Document (EAD) |
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What You'll Learn
F-1 visa students must fill out Form I-9
F-1 visa students in the United States on a nonimmigrant visa are mandated to fill out Form I-9 when they are hired for employment, just like any other individual seeking employment in the country. The I-9 form is mandatory for employers to maintain when offering employment to students on F-1 visas.
The I-9 form, also known as the Employment Eligibility Verification Form, is used to verify the identity and employment authorization of individuals hired for employment in the US. This form must be completed within a few days of the employee's hire date, and it must be kept on file by the employer for a specified period, typically three years after the date of hire or one year after the date of employment termination, depending on which is later.
F-1 students can work in the US under certain conditions set by the US Citizenship and Immigration Services (USCIS) regulations and the terms of their student visa. For instance, F-1 students are generally allowed to work on their school premises, such as in a library, cafeteria, or administrative office, and they may need to obtain permission from their Designated School Official (DSO) before starting on-campus employment.
To complete the I-9 form, F-1 students must present specific documents to establish their identity and employment authorization. These documents are categorized into three lists: List A, List B, and List C. Students must provide 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.
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M-1 visa students must fill out Form I-9
M-1 visa students, like F-1 and J-1 visa students, must fill out Form I-9, also known as the Employment Eligibility Verification Form. This form is used to verify the identity and employment authorization of individuals hired for employment in the US. While the I-9 form is mandatory for employers to maintain when offering employment to students on M-1 visas, there are certain considerations that employers must keep in mind when asking these students to fill out the form and verify their documents and information.
M-1 visa students are considered nonimmigrant vocational students and may only accept employment as part of a practical training program after they complete their course of study. To begin working, they must receive Form I-766, Employment Authorization Document (EAD), which authorizes them to work for a maximum of six months of practical training. To complete Form I-9, M-1 visa students can present their EAD to establish their identity and employment authorization. They 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.
When an M-1 visa student's EAD expires, employers must reverify their employment authorization using Supplement B (Reverification and Rehire). Additionally, if an M-1 visa student has changed employers, their Form I-20 must contain the new employer's information. In this case, employers should enter the following information under List A in Section 2: EAD EXT and the date 180 days from the Card Expires date on the EAD in the Additional Information field.
It is important to note that the I-9 form must be completed within a few days of the employee's hire date and accurately filled out to avoid potential violations and penalties. The form may be subject to inspection by government agencies, and employers are responsible for ensuring that the information provided is accurate and that the required documents are valid.
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J-1 visa students must fill out Form I-9
International students in the United States on non-immigrant F-1, J-1, or M-1 visas are required to fill out Form I-9 when they are hired for employment, just like any other individual seeking employment in the country. This form is also known as the Employment Eligibility Verification Form, and it is used to verify the identity and employment authorization of individuals hired for employment in the US. All employers must keep and maintain I-9 forms for students to avoid any penalties. Employers are responsible for ensuring that the information provided on the form is accurate and that the required documents are valid. Typically, the I-9 Form is completed within a few days of the employee's hire date and must be kept on file by the employer for a specified period, usually three years after the date of hire or one year after the date of employment termination, whichever is later.
J-1 students must present 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 instance, 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. In Section 2 of Form I-9, the employer should enter information from the employee's Form I-20 with the DSO endorsement for employment.
J-1 exchange visitors (for example, teachers, professors, summer camp counselors, summer work travelers, and au pairs) may work legally in the United States if the work is part of their approved program or if they receive permission from the official program sponsor. To satisfy List B and C document requirements, a J-1 student could present a state driver's license (List B) and a Form I-94 in combination with Form DS-2019 and a letter from a responsible officer (List C #7). The Forms DS-2019 for J-1 exchange visitors transferring to a different program or changing their sponsors must indicate the new program or sponsor.
It is important to note that there are specific conditions under which F-1 students are allowed to work in the US, as outlined by the USCIS regulations and the terms of their student visa. These include working on the premises of the school they are attending, such as in a library, cafeteria, or administrative office, with permission from their Designated School Official (DSO). Additionally, F-1 students can participate in OPT, which allows them to work off-campus in a field related to their major area of study with authorization from USCIS and their DSO. Curricular Practical Training (CPT) is another option for F-1 students, allowing them to accept paid alternative work, internships, or cooperative education related to their major, with DSO authorization on their Form I-20.
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Students must provide identity and employment authorisation documents
International students with F-1 and M-1 visas who are working in the United States must fill out Form I-9. This form is used for employment eligibility verification. Students must provide their employers with documentation that verifies their identity and employment authorization.
There are three lists of acceptable documents for Form I-9: List A, List B, and List C. List A documents show both identity and employment authorization, while List B documents establish identity only, and List C shows employment authorization only. Students who present a List A document are not required to provide any additional documents. However, those who choose to present a List B document must also submit a document from List C, and vice versa.
Some acceptable List A documents include:
- U.S. passport or U.S. passport card
- Permanent Resident Card or Alien Registration Receipt Card (also known as a Green Card)
- Foreign passport with a temporary I-551 stamp or notation on a machine-readable immigrant visa
- Form I-766, Employment Authorization Document (EAD) with a photograph
- Form I-551, Permanent Resident Card or Alien Registration Receipt Card
List B documents include:
- Driver's license or ID card issued by a U.S. state or outlying possession, provided it contains a photograph or specific information such as name, date of birth, sex, height, eye colour, and address
- ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or the aforementioned specific information
- U.S. military card or draft record
List C documents include:
- Social Security Account Number card
- Certification of a birth report issued by the U.S. Department of State (Forms DS-1350, FS-545, FS-240)
- Original or certified copy of a birth certificate issued by a U.S. state, county, municipal authority, or territory bearing an official seal
- U.S. Citizen ID Card (Form I-197)
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Employers must keep and maintain I-9 forms
Form I-9, also known as Employment Eligibility Verification, is used to verify the identity and employment authorization of individuals hired for employment in the United States. All employers in the US must complete and retain Form I-9 for every individual they hire for employment in the country. This includes citizens and non-citizens. Both employees and employers (or their authorized representatives) must fill out the form. Employees must attest to their employment authorization and present their employer with acceptable documents as evidence of their identity and employment eligibility.
Employers must then examine these documents and record the information on the employee's Form I-9. They must ensure that the documents appear to be genuine and relate to the employee. Employers must also ensure that employees have access to the instructions for completing Form I-9, providing them with either a hard copy or a hyperlink. Employers must retain all completed pages of Form I-9 and make them available for inspection by government officers. They should be kept separate from personnel files.
For current employees, Form I-9 should always be retained. For former employees, the form must be retained for one year from the date of termination or three years from the date of the original hire, whichever is later. Employers must also complete and retain Supplement B, Reverification and Rehire, when an employee requires reverification of their employment authorization or when the employer chooses to document a rehire. Employers can retain copies of completed paper forms with original handwritten signatures on microfilm or microfiche.
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Frequently asked questions
Form I-9, also known as the Employment Eligibility Verification Form, is a mandatory document that verifies the identity and employment authorization of individuals seeking employment in the United States.
Yes, international students on F-1 visas are required to fill out Form I-9 when they are hired for employment in the United States. They must provide acceptable documents that establish their identity and employment authorization, such as their EAD or a combination of their unexpired foreign passport and Form I-94.
Failure to properly complete and retain Form I-9 can result in penalties for employers. International students must ensure that their information is accurate and that they provide valid documents to avoid any issues with their employment eligibility verification.
No, Form I-9 is the standard document used for employment eligibility verification in the United States. However, international students on F-1 visas may also need to provide additional documents, such as their EAD, passport, or Form I-94, to establish their identity and employment authorization.
