Lana Oconnell
International students seeking employment in the United States must complete Form I-9, Employment Eligibility Verification, to verify their identity and eligibility to work. This form is mandatory for all employers hiring individuals in the US, including CPT and OPT students. To complete the form, students must provide specific documents, 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 from List C. The most common document provided is a US passport, which satisfies both the identity and eligibility requirements. Other acceptable documents include a foreign passport with Form I-94 or Form I-94A Arrival-Departure Record and an endorsement to work, a social security card, and a driver's license. It is important to note that employers are responsible for ensuring the accuracy of the information provided on the I-9 Form and may face penalties for improper completion or retention.
| Characteristics | Values |
|---|---|
| Form purpose | Employment Eligibility Verification |
| Who needs to fill it out | Employers hiring CPT and OPT students |
| Student type | F-1, J-1, or M-1 visa students |
| Student status | Nonimmigrant |
| Student visa type | Student visa |
| Student work authorization | Employment Authorization Document (EAD) |
| Student work hours | Up to 20 hours per week while school is in session |
| Student work hours during breaks | Full-time |
| Post-graduation work authorization | Up to 12 months of full-time OPT |
| OPT extension eligibility | Additional 24 months for certain F-1 students |
| OPT extension program | STEM OPT ("Science, Technology, Engineering, and Mathematics Optional Practical Training") |
| Student documentation | Passport, Form I-94 or Form I-94A, Form I-20 |
| Student information on Form I-9 | Personal information, citizenship or immigration status, and other relevant details |
| Form submission deadline | Within the first three days of employment |
| Form accuracy | Information must match presented documents |
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What You'll Learn
Employment Eligibility Verification
The I-9 form, also known as the Employment Eligibility Verification form, is a mandatory document for all US employers, including those hiring CPT and OPT students. This form serves as a tool to ensure that individuals hired for work are legally authorized to do so. It is also used to prevent unauthorized employment. 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, just like any other individual seeking employment in the country.
Section 1 of the I-9 form requires the employee 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 of the form on their hire date. Alternatively, the employer may send this section for completion once the new hire accepts the job offer, but not before. By law, the student employee must complete Section 1 by the end of their first workday.
When completing Section 2 with List A documents, you should enter the student’s Form I-20 information, including the Student and Exchange Visitor Information System (SEVIS) number and CPT employment authorization end date (not the program expiration date). List A documents show both identity and employment authorization. Employees presenting an acceptable List A document should not be asked to present any other document. Some List A documents are a combination of two or more documents. In these cases, the documents presented together count as one List A document.
Employees may also present one of the following unexpired List B documents:
Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address.
Additionally, certain nonimmigrant students and exchange visitors must present additional documentation to prove their work authorization in the US. For OPT, work authorization is typically documented by the Employment Authorization Document (EAD), which the student must present. F-1 students must obtain an EAD from US Citizenship and Immigration Services (USCIS) before participating in OPT.
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CPT and OPT students
F-1 nonimmigrant students may begin Curricular Practical Training (CPT) after receiving authorization from their Designated School Official (DSO). 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. CPT work authorization is typically documented through the student’s Form I-20, endorsed by their DSO, and their employment authorization can be verified via a job offer letter.
For OPT, work authorization is typically documented by the Employment Authorization Document (EAD) from the US Citizenship and Immigration Services (USCIS), which the student must present. F-1 students seeking to participate in OPT must not begin employment until the start date specified on their EAD. While still enrolled in school, they may work up to 20 hours per week while school is in session and full-time during their annual vacation or when school is not in session. After completing their course, an F-1 student can be authorized for up to 12 months of full-time OPT, with certain students eligible for an additional 24 months of work authorization.
In Section 2 of Form I-9, employers must verify the identity and employment authorization of F-1 student employees. This process differs based on whether the student participates in CPT, OPT, or a STEM OPT extension. For CPT students, the Form I-20 with the DSO’s endorsement for CPT employment should be provided. OPT students should select "A noncitizen authorized to work until" as their citizenship status and enter the "Card Expires" date from the EAD in the "Authorized to Work Until" field in Section 1 of Form I-9.
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Employment Authorization Document
The Employment Authorization Document (EAD) is a crucial component of the Form I-9, Employment Eligibility Verification, which is mandatory for all US employers, including those hiring CPT and OPT students. This document serves as proof of an individual's authorization to work in the United States and is issued by the US Citizenship and Immigration Services (USCIS).
For international students on an F-1 visa, the process of obtaining an EAD involves several steps and considerations. Firstly, F-1 students must obtain authorization from their Designated School Official (DSO) before commencing Curricular Practical Training (CPT), which includes internships, work-study programs, and other practical training opportunities. This authorization is documented on the student's Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
To participate in OPT (Optional Practical Training), F-1 students must take additional steps. They are required to first obtain an EAD from the USCIS. Students are not permitted to commence employment until the start date specified on their EAD. While still enrolled in school, F-1 students 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 studies, they can be authorized for up to 12 months of full-time OPT, with certain students qualifying for an extension of up to 24 additional months under the STEM OPT program for STEM field graduates.
The EAD card contains essential information, including the dates of authorized employment, the individual's full name, date of birth, visa classification, and any limitations or restrictions on their employment. To maintain compliance, it is important to ensure that the EAD is valid and current, as USCIS redesigns the card every three to five years to prevent fraud and counterfeiting. Additionally, students should be mindful of renewal requirements and promptly initiate the renewal process within 180 days of the EAD's expiration to avoid gaps in their employment authorization.
In summary, the Employment Authorization Document is a vital component of Form I-9, ensuring that international students on F-1 visas can legally work in the United States. By following the outlined steps and adhering to USCIS regulations, students can successfully navigate the process of obtaining and maintaining their employment authorization.
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Passport requirements
The I-9 form is mandatory for all employers in the US, including those hiring CPT and OPT students. The form is used to verify the identity and employment authorization of individuals. 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.
To complete Section 2 of the I-9 form, you will need to enter the student's Form I-20 information, including the Student and Exchange Visitor Information System (SEVIS) number and CPT employment authorization end date.
When it comes to passport requirements, a foreign passport must be accompanied by a Form I-94/I-94A Arrival-Departure Record bearing the same name as the passport. The passport must contain a temporary Form I-551 stamp or a temporary Form I-551 printed notation on a machine-readable immigrant visa (MRIV). The Form I-94/I-94A must also contain an endorsement of the individual's nonimmigrant status and authorization to work for a specific employer based on this status.
Additionally, for passports from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI), the passport must be presented with Form I-94 or Form I-94A showing nonimmigrant admission under the Compact of Free Association between the US and FSM or RMI.
It is important to note that the documents presented must be current and unexpired. The I-9 form must be completed within the first three days of employment. Employers are responsible for ensuring that the information provided on the I-9 form is accurate and valid.
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Social Security number
A Social Security Number (SSN) is a 9-digit identifier issued by the U.S. Social Security Administration (SSA). International students need an SSN to report income and pay taxes to the Internal Revenue Service (IRS) while employed in the U.S. International students are eligible to apply for an SSN only after securing a job or internship in the U.S. and obtaining an employment verification letter from their institution.
The process of applying for an SSN can be done online or in person. For online applications, students should enter their details at www.ssa.gov/number-card or www.ssa.gov/ssnumber. They must then present their original proof of ID, age, and lawful resident status, as well as any letters from their DSO and employer, to their local SSA office within 45 days of online submission. For in-person submissions, students can visit the nearest Social Security office and present the same documents. Typically, the SSN is issued within a few weeks, provided all required documents are presented during the visit.
It is important to note that while an SSN is not required to start working, it is essential for setting up phone, utility, or bank accounts in the U.S. Additionally, the Internal Revenue Service requires employers to use an employee's SSN to report their wages. While waiting for their SSN, international students can provide their employer with a letter stating that they have applied for a number, and their immigration documents can prove their authorization to work.
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Frequently asked questions
Form I-9, also known as the Employment Eligibility Verification Form, is used to verify the identity and employment authorization of individuals in the US.
All employers in the US must complete Form I-9 for all employees, including CPT and OPT students. F-1 students on a nonimmigrant student visa are also required to fill out the form when hired for employment.
International students must provide either one document from List A or a combination of one document from List B and one document from List C. This includes passports, Form I-94, Social Security cards, and driver's licenses. CPT students should select "A noncitizen authorized to work until" in Section 1 and enter their CPT employment end date.
First, obtain and print a copy of the current version of Form I-9 from the U.S. Citizenship and Immigration Services (USCIS) website. Fill out Section 1 with your personal information, citizenship status, and other relevant details. Provide the required documents to your employer to verify your identity and work authorization.
Yes, CPT students working under an F-1 visa should indicate their citizenship status as "A noncitizen authorized to work until" and enter the CPT employment end date from their Form I-20. OPT students must obtain an Employment Authorization Document (EAD) from USCIS before starting employment.
