Form I-9 Reference Manual - University of Oklahoma Human ...

Human Resources
FORM I-9; Employment Eligibility Verification
Reference Manual for International Workers
A companion handbook to the HSC Quick Guide to I-9
APRIL 2006

IFSS Reference Manual to I-9
Table of Contents
Background 1
Employer Responsibilities 1
Employee Responsibilities 1
I-9 Requirements 1-5
Who Needs to Complete an I-9?
Independent Contractor
Receipt Rule
Reverification and Tickler Files
Break In Service
Completing the Form I-94 5-6
Acceptable Documents 6-8
Documents Removed from Form I-9 List
Expired Documents
Unexpired Foreign Passport with I-94 or I-551 Stamp
Social Security Cards
I-20 Certificate of Eligibility (F-1 status)
DS-2019 Certificate of Eligibility (J-1 Status)
I-797 Notice of Action
Terminology 8
Visa vs. Immigration Status
Alien and Admission Numbers
Immigrant 8
Lawful Permanent Resident
Asylee/Refugee
Nonimmigrant 9-11
B-1/B-2 or WB/WT
F-1 Students
J-1 Exchange Visitors
H-1B Nonimmigrant Worker
O-1 Nonimmigrant
TN Trade NAFTA
Derivative F-2, J-2, H4 & O3 (Dependents)
EAD Cards 11
Employment Eligibility Verification Instructions,
I-9 Form and List of Acceptable Documents 12
Document Review Standards and Common Sources of Confusion 12-13
Other issues 13-14
Resources 14-15
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Background
IFSS Reference Manual to I-9
What is a Form I-9?
The Immigration and Nationality Act (INA) as amended by the Immigration Reform and Control Act of 1986
(IRCA) was the first federal law making it illegal for employers to knowingly hire persons who are not
authorized to work in the United States. To implement this, employers are required to complete the Form I-9 to
confirm the identity and work eligibility of all persons hired after November 1986.
INS to USCIS
On March 1, 2003, services formerly provided by the Immigration and Naturalization Service (INS) transitioned
into the Department of Homeland Security (DHS) under U.S. Citizenship & Immigration Services (USCIS). The
INS ceases to exist.
Employer Responsibilities
Employees at the Norman and Tulsa campus will present themselves to their local OU Human Resources office
for I-9 completion.
OU Health Sciences Center employing departments are considered the employer. All employer
responsibilities identified in this manual refer to the employing department.
Employers are required by the Immigration Reform and Control Act of 1986 to:
• Have a completed I-9 form for all new hires.
• Provide all three pages of the I-9 form to each employee.
• Ensure each employee completes all areas of Section 1 of the I-9 on the first day of hire.
• Allow employees to present any document or combination of documents that appear genuine.
• Complete Section 2 of the form by the third day of employment using the documentation presented by
the employee from the list of acceptable documents.
• Review the I-9 form and record the acceptable List A, B and/or C documents for each employee, to
include document title, issuing authority, number, and expiration date, if applicable.
• Stop employment of any employee not providing work authorization within three days of hire.
• Terminate any employee not completing Section 1 or providing work authorization on the first day of
employment when hired for a period less than three days.
• Monitor work authorization expiration dates and reverify on or before the noted expiration date.
TIP: An employee of the University of Oklahoma is not required to include his/her social security number
in Section 1 of the Form I-9.
NOTE: Requesting more or different documentation than the minimum necessary to meet I-9
requirements may constitute an unfair immigration-related employment practice.
Employee Responsibilities
• Present original documents establishing identity and employment eligibility within three days of
employment or at the time of hire if employed for less than three business days.
• Indicate in Section 1 eligibility for employment and provide supporting documentation or receipt for
application of lost, stolen or damaged documents and provide original documents within 90 days (Refer
to “Receipt Rule” in the HSC Quick Guide to I-9).
• Provide original documentation for work authorization extensions.
I-9 Requirements
Who Needs to Complete an I-9?
You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is
"hired" when he or she begins to work for you for wages or other compensation/remuneration. Remuneration
is anything of value given in exchange for labor or services rendered by an employee, including food and
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IFSS Reference Manual to I-9
lodging. Please note that if the employee is performing the work entirely in a foreign country, a Form I-9 does
not have to be completed. However, if the employee will perform some work in the United States (i.e., attending
meetings, giving presentations, etc.) then a Form I-9 should be completed at the beginning of the employment
relationship.
ATTENTION! For the purposes of clarification: The "employer" is the University of Oklahoma. Only
University of Oklahoma employees, or properly authorized agents, are permitted to complete sections 2 and
3 of the Form I-9. An "employee" is either a new hire or a current employee who is updating and/or
reverifying employment eligibility.
Independent Contractor
Independent contractors are not required to complete an I-9 form. Independent contractors are typically
defined as individuals or companies who are not appointed as employees of the University but who receive
payment directly from Financial Services Accounts Payable for work performed. As a general rule, independent
contractors perform a service or a project. The contracting department does not specifically direct hours or
control work procedures, nor are fringe benefits provided. Note: Individuals receiving payment through the
university’s Payroll Services are required to complete an I-9 form.
Receipt Rule
Employees who do not possess the required documentation when employment begins may not submit receipts
showing that they have applied for initial applications for documents or for applications for renewal of current
work authorization. An employer may only accept receipts for:
• A replacement document in lieu of the required document if a document was lost, stolen, or damaged. The
replacement document must be presented within 90 days of the date of hire. In the case of reverification, the
replacement document must be presented on the date employment authorization expires.
• An employee may present as a receipt, the arrival portion of the Form I-94 (front) containing both an
unexpired temporary I-551 ADIT stamp (indicating temporary evidence of permanent resident status) AND a
photograph of the individual. This constitutes a List A item and must be presented with a photograph for
identity purpose. If the expiration date is not listed on the I-94, this document will be valid for one year from
the issue date, which should be calculated and noted on the I-9 for reverification purposes. The “green card”
or Permanent Resident card (i.e., Form I-551) itself should be presented by the end of the receipt validity
period for reverification purposes.
• A Form I-94 containing a refugee admission stamp may be presented as a receipt and is sufficient to establish
both identity and employment for a 90-day period and may be recorded as a List A item. To indicate refugee
status, the stamp may include a reference to INA Section 207 rather than state the word “refugee”. Within 90
days of the date of hire or the employment expiration date , the employee may present an Employment
Authorization Card (I-688B or I-766), which may be used as an I-9 reverification document in Section 3
Block B OR; the employee must present an unrestricted Social Security card AND an identity document. In
this instance, it is recommended that the employer utilize a new I-9 to attach to the original I-9. Complete
Sections 1 & 2 as required, recording the identity document in List B and the Social Security card in List C.
Include copies of all acceptable documents with the original I-9 (Refer to “Procedures to Compete I-9”
section of this manual).
Break in Service
A break in service is the resignation or termination of an employee. A new I-9 is required when there is a
break in services with the University and more than three years have expired since the completion of the
previous I-9. Read the paragraph below for information on rehires within three years of termination. (Also
refer to ”Update and/or Reverification” in the HSC Quick Guide to I-9).
Update; I-9 Section 3
If an employee is rehired within three years of the date listed on the originally completed I-9 form and the
employee is still eligible to be employed on the same basis as previously recorded on the form, the employer will
update the I-9 by completing Block B and the signature block.
If an employee is rehired as listed above AND his/her name has changed, the employer will update the name in
Block A and also update the rehire date in Block B and complete the signature block.
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IFSS Reference Manual to I-9
Reverification
Employers must reverify an employee’s work eligibility who has indicated an employment authorization
expiration date in Section 1 and/or who present List A or C documents with an expiration date. The majority of
employees who are not U.S. citizens or permanent residents will have work authorization with an expiration
date. The expiration date will be listed on the I-94, I-797A, I-20, DS-2019 or EAD (Refer to “Immigration
Terminology” section of this manual).
To maintain continuous employment eligibility, an employee with temporary work authorization should apply
for a new work permit at least 90 days prior to the current authorization expiration date. The employer must
receive reverifying documents prior to the work authorization expiration. An employee must present acceptable
documentation or the employer must terminate employment or risk being subject to penalties if the individual is
not in fact authorized to work (Refer to “Other Issue” in this manual).
NOTE: Certain classes of nonimmigrant workers are authorized to continue employment with the same
employer for a period not to exceed 240 days beginning on the date of the expiration. Departments that
have initiated an extension of stay with International Faculty & Staff Services and have not received the
notice of approval should calculate the 240 and note the date in Sections 1 & 2 to clearly reflect this
extension. The update should be initiated and dated (Refer to “Other Issues” in this manual for detailed
information).
Update AND Reverification; I-9 Section 3
If an employee’s name has changed at the same time the employee’s work authorization is expiring, the
employer will update the new name in Block A and reverify employment eligibility in Block C and the signature
block.
If an employee is rehired within three years of the date listed on the originally completed I-9 form and the
employee’s work authorization has expired or is about to expire, the employer will update the rehire date in
Block B and reverify employment eligibility in Block C and the signature block.
Employers should
1. Maintain a tickler file to contact the employee at least 90 days prior to the work authorization expiration
date.
2. Notify the employee that they must provide either a List A or List C document for reverification
purposes. The employee does not need to provide the same document as presented originally. List B
establishes identity and is not required for employment reverification purposes.
3. Examine documents presented and complete Section 2 or 3 within the required period (Refer to
“Employer Responsibilities” section of this manual or the HSC Quick Guide to I-9).
4. Submit completed Form I-9 to Human Resources Records, as required (Refer to the publications on
the Human Resources website).
When the employee does not provide acceptable documentation, the employer must terminate employment or
risk being subject to penalties if the individual is not in fact authorized to work. Employers should not allow
the employee to be placed on a leave of absence, but instead should rehire these individuals once they present
acceptable work authorization (Refer to “Discovering an Unauthorized Employee” under “Other Issues” section of this
manual).
Procedures to Complete the Form I-9
A blank I-9 may be reproduced, provided both sides are copied. The Instructions page must also be available to all
employees completing this form. The form can be sent to the employee with the job offer/appointment letter, but
Section 1 must be verified by the employer at the same time Section 2 is being completed. Departments are
required to establish a consistent procedure in distributing and completing the I-9 form with all employees. I-9
forms are available from the Human Resources website. The I-9 may be completed anytime following the
employee’s acceptance of the job offer.
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IFSS Reference Manual to I-9
The employee must complete Section 1 no later than the first day of hire and the employer must complete Section 2
no later than the third day of employment.
• The employee is to complete all areas of Section 1 of the Form I-9 no later than the first day of
employment.
• The employer is responsible to ensure all required areas in Section 1 are complete. One of three boxes
must be checked. An alien number or admission number must be filled-in whenever the second or third
box is checked (Refer to “Alien and Admission Number” section of this manual). The third block also
requires that the work expiration date be filled-in. NOTE: Certain aliens, such as refugees/asylees, are
authorized to work indefinitely incidental to their status and may not have an expiration date to fill-in
for the bottom box of the attestation block in Section 1. A notation should be included that work
authorization is “indefinite” (Additional information is located in “Receipt Rule” for Refugee and “Other
Issues” for Asylee).
• The employer should review the acceptable document List A or the List B and C documents with the
employee and address questions.
• The employer may not request or require specific documents to complete the I-9 but may explain the
range of documents acceptable in each list. The employer is required to accept presented documents
and determine from these documents if the employee is eligible to work.
• The employer shall complete Section 2 by the end of the third day of employment using the documents
presented by the employee. Record the document title, issuing authority, number, and expiration date
(if any) for all List A, List B, and List C items.
• Employers should note that some employees may be eligible for employment by virtue of holding valid
H-1B status with another employer (Refer to the “H-1B Nonimmigrant Worker” section of this manual
for detailed instructions).
• If not eligible to work, the employee shall be terminated and may not be rehired until such time (s)he
can present acceptable work authorization. An employee in a Leave of Absence is still considered in
active status and is not an appropriate status for an employee who cannot produce valid work
authorization.
• The employer is responsible to ensure Sections 1 and 2 are completed and signed.
• It is recommended that the employer establish a tickler file on each employee with a work authorization
expiration date. (See “Reverification” procedures listed on page 5 of this manual)
• The employing department at the Health Sciences Center must submit the completed Form I-9 to HSC
Human Resources Records, SCB 122. Attach copies of the verifying documentation. Incomplete and
inaccurate forms will be returned to the employing department. Tulsa & Norman employees must
present themselves to Human Resources Payroll & Records and provide original documentation for
review.
• The employer is responsible to ensure the employee does not work until the I-9 has been approved by
Human Resources Payroll & Records.
Acceptable Documents
If a card reasonably appears to be genuine and to relate to the person presenting it, the employer should not dismiss
that employee. However, if a card does not meet this standard, the employer should reject it for I-9 purposes and
ask the individual to produce other acceptable I-9 documentation. In cases where the employee does not
produce acceptable documentation that appears to be genuine and to relate to the individual presenting it,
the employer should not continue to employ the individual.
Documents Removed from Form I-9 List
• Form I-151 is no longer an acceptable List A, item #5 document. However, Form I-551 remains an
acceptable List A, item #5 document.
• Certificate of U.S. Citizenship (List A #2),
• Certificate of Naturalization (List A #3),
• Unexpired Reentry Permit (List A #8) and;
• Unexpired Refugee Travel Document (List A #9).
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IFSS Reference Manual to I-9
NOTE: Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version
of the Form I-9, is an acceptable List A, item #10 document.
Expired Documents
Some expired documents are acceptable for I-9 purposes. These include an expired US passport (List A #1)
and all documents under List B. The document must be genuine and relate to the individual present them. No
other expired documents are acceptable.
Unexpired Foreign Passport with I-94 or I-551 Stamp
The unexpired foreign passport with an I-94 “card” and a work authorization stamp or I-551 stamp (temporary
evidence as a permanent resident) authorizes employment and together is considered a List A document. Both
the expired passport and I-94 or I-551 stamp must be recorded in List A. The I-94 card, when attached to an
unexpired foreign passport may indicate “Duration of Stay” or “D/S” instead of an expiration date. In this
case, an I-20, DS-2019, or I-797 must accompany the I-94 card and will be recorded as a List C #7 document
(Refer to “Common Sources of Confusion” section of this manual for more information on the I-94 & I-551 stamp)
TIP: An I-20, DS-2019, and I-797 are also considered List C item #7 documents and either may be used to
establish employment eligibility if an identity document from List B is also provided.
Social Security Cards
The Social Security Administration currently issues two types of cards; restricted and unrestricted. Unrestricted
SSA cards issued to lawful permanent residents, refugees, and asylees are undistinguishable form those issued to
US citizens. Restricted SSA cards are issued to aliens that have current employment authorization. These cards
will have one of the following notations listed:
“Valid only with INS (or DHS) Authorization” – Issued to aliens who present proof of temporary work
authorization; these cards do NOT satisfy the Form I-9 requirements.
“Not Valid for Employment” – Issued to aliens who have a valid non-work reason for needing a social
security number (e.g. federal benefits, state public assistance benefits), but are NOT authorized to work in
the US.
NOTE: Employees who may have adjusted status to permanent resident or have naturalized have been
known to present a restricted SSA card for payroll purposes. In cases like this, the employer should
encourage the employee to report the change in status to the Social Security Administration
immediately.
I-20 Certificate of Eligibility (F-1)
Form I-20 (List C #7) identifies the participant (block 1) and the US admitting school (block 2); provides the
action issued, such as initial or continued attendance, transfer, etc. (block 3); gives the beginning and ending
dates of the program (block 5); identifies the name and signature of the Designated School Official (block 10);
and validates authorized student employment on page 3.
DS-2019 Certificate of Eligibility (J-1)
Form DS-2019 (List C #7) identifies the participant (block 1) and the sponsor (block 2 and block 7, which
contains the name, signature and telephone number/address of the sponsor's responsible officer), provides a
brief description of the program activity to be completed by the participant (block 2), indicates the begin and
end dates of the program (block 3) and the program category (block 4), and provides a breakout of the total
estimated financial support to be provided to the participant during his or her program (block 5).
I-797 Notice of Action
This is a form sent to the petitioner or requestor giving notice of the action taken on an application or petition
filed with the USCIS. There are three types of this form;
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IFSS Reference Manual to I-9
1. I-797A is an approval notice of the petition and is usually associated with the beneficiary (worker)
already being in the US, such as a sequential or concurrent H-1B, change of status to H-1B, or
extension of H-1B with the same employer,
2. I-797B is an approval notice of the petition and cable notification has been sent to the listed consulate
for visa issuance in the classification sought, such as H-1B. Approval in itself does not grant any
immigration status and does not guaranteed that the alien will subsequently be found to be eligible for
an “entry” visa.
3. I-797C is the receipt notice of a petitioner’s or requestor’s non-frivolous petition or application filing
with the USCIS. In some cases, this receipt will suffice for employment authorization (Refer to “H-1B
Portability Rules and How to Document Extensions of Stay with Same Employer for Certain Nonimmigrants” listed
under “Other Issue” in this manual).
Immigration Terminology
Visa vs. Immigration Status
The relationship between the visa’s period of validity and the alien’s status in the US must be clearly understood.
Visa is a term that is often used loosely as to be confusing to those who are not familiar with immigration law.
Technically, a visa is a travel document issued by a US consulate abroad that allows the alien to travel to the US
(e.g. to board plane, train or ship) and apply for admission into the US. The visa alone does not, however,
confer any immigration status or employment authorization, and the validity of the visa does not relate
whatsoever to the period of time the alien is authorized to remain in the US. The Form I-94 indicates the
classification (immigration status) under which the alien is admitted and the period of authorized stay in the US
in that classification. Some aliens may be eligible under the Visa Wavier Program and are not required to obtain
a visa, but they will be issued a Form I-94W indicating the classification and the period of authorized stay.
Alien Number
Alien Numbers are issued to aliens whenever an alien applies for certain immigration-related benefits. The
number may be an eight or nine digit number and is preceded by a capital “A”. You may find these numbers on
forms such as the I-551, I-766, and I-797s.
Admission Number
This number is the same as the I-94 Arrival/Departure Record that is issued at a port of entry to foreign visitors
entering the US. The admitting officer attaches the I-94 to the visitor’s passport and stamps the arrival date and
records departure date when the visitor must exit the US. The eleven-digit number is listed in the upper lefthand
corner of the I-94.
Immigrant
An immigrant is a foreign-born person who leaves one country to settle permanently in another. US Immigrants
have been approved for lawful permanent residence and have permanent, unrestricted eligibility for employment
authorization.
Lawful Permanent Resident
This status allows the person to live permanently in the US, to travel in and out without a visa, to work for any
employer, to accumulate time toward US citizenship. Evidence of lawful status includes, a Permanent Resident Card
(Form I-551, Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card and/or “Green Card”).
Refugee/Asylee
Refugee is an alien who has been granted admission to the US. An asylee is an alien who was granted political
asylum after entering the US. Both are allowed following an official determination that (s)he is unable or
unwilling to return to their home country because of actual or well-founded fear of persecution on account of
race, religion, nationality, and membership in a particular group, or political opinion. These classes of aliens are
allowed to apply for Permanent Resident status. Both are authorized to work incidental to their status and
allows them to obtain an Employment Authorization Document (List A #10) from the USCIS and a social
security number from the SSA (List C #1). Refer to the “Receipt Rule" for documentation requirements for the
Refugee class of alien. Documentation requirements for Asylee status can be found on page 14 of this manual.
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IFSS Reference Manual to I-9
NOTE: Although these classes of aliens are authorized to work, they are NOT guaranteed a “green
card”. Only after approval from the USCIS will they become Lawful Permanent Residents of the U.S.
Nonimmigrant
A nonimmigrant is an alien who seeks temporary entry to the US for a specific purpose. There are approximately
thirty types of nonimmigrant classifications. USCIS regulations establish three classes of aliens who are allowed to
work in the US: (1) aliens authorized to work incidental to their immigration status, (2) aliens who are permitted to
work for a specific employer incident to their status, and (3) aliens who must apply for and obtain permission form
the USCIS in order to accept employment in the US. All nonimmigrants will be issued an I-94 Arrival Departure
Record. (Refer to the USCIS Employer Bulletin 1 for employer-specific classes).
B-1/B-2 or WB/WT
An alien eligible for the B-1 Visitor for Business status may be admitted into the US for purposes of engaging in
business but not for the purpose of being employed. Immigration aggressively distinguishes between doing
business and engaging in employment. "Business" does not include engaging in local employment or labor for
hire. The B-2 visitor for pleasure is needed for nonimmigrant individuals wishing to travel in the US for
recreational activities, such as tourism, to visit relatives, or obtain medical treatment. The WB and WT classes
of aliens are equivalent to the B-1/B-2 but are issued to individuals who qualify under the Visa Waiver Program.
ATTENTION! Under no circumstances would an I-9 be completed for these classes of aliens. Although
these classes of aliens are not eligible to be employed, under certain circumstances, may receive honoraria
(Contact the Accounts Payable office for information on honoraria payments).
F-1 Students
There are two components for qualified on-campus employment:
• Limits on the type and location of the employment, and
• Limited to jobs that do not displace a U.S. citizen or lawful permanent resident
F-1 students may engage in employment on the campus they are authorized to attend (indicated in Section 2 of
the I-20 Form) for a maximum of 20 hours per week during normal enrollment periods and up to 40 hours per
week during the summer or other officially recognized school break. No special authorization from the USCIS
is necessary in order to engage in on-campus employment. (Information for “Off-Campus Location”
employment can be found on page 14 of this manual).
Prior to completion of studies, an F-1 student may engage in employment (on-campus or off-campus) that
directly relates to his/her major field of study via Curricular Practical Training (CPT). CPT is granted by the
student’s Designated School Official (DSO) and the Form I-20 is endorsed with the dates the student is eligible
to work, as well as the number of hours per week. A student with CPT must present an original Form I-20
indicating CPT approval to an intended employer before employment may lawfully commence. CPT can be
divided into two categories:
1. an internship/practicum which is a required part of the program curriculum
2. a training program which is not required, but which is integral to one's program of study and for which
academic credit is received. Employment may be part-time (20 hrs per week or less) or full-time (more
than 20 hrs per week). Off-campus locations may be approved by the students DSO (see page 14). It is
important to note, however, that F-1 students who engage in full-time CPT for 12 months or more
will forfeit their period of Optional Practical Training following completion of studies.
An F-1 student may be authorized to engage in employment (on-campus or off-campus) that is directly related
to his/her major field of study via Optional Practical Training (OPT).
OPT can be divided into four categories:
1. part-time or full-time during the student's annual vacation period and at other times when school is not
in session, if the student is currently enrolled and eligible and intends to register for the next term,
2. while school is in session, provided the employment does not exceed 20 hours per week,
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IFSS Reference Manual to I-9
3. full-time after completion of all course requirements for degree (excluding thesis or the equivalent) or,
4. full-time after completion of the entire course of study. The maximum amount of time an F-1 student
may engage in OPT is 12 months.
It is important to note, however, that F-1 students who have engaged in full-time CPT (see "Curricular Practical
Training" above) for 12 months or more are ineligible for OPT.
ATTENTION! Students engaging in Optional Practical Training can NOT begin work until (s)he receives
approval from USCIS in the form of a valid EAD card (List A #10) (Refer to the “EAD Card” section of
this manual). F-1 students may also apply for an EAD based on economic hardship.
J-1 Exchange Visitors
Exchange programs are to increase mutual understanding between the people of the US and the people of other
countries through educational and cultural exchanges. Authorized program activities are facilitated, in part,
through the designation of public and private entities as sponsors of the Exchange Visitor Program. Although
there are several program categories, this manual will discuss the three programs most common within the
university.
Student Category
J-1 students may engage in two general categories of employment: (1) Academic Training related to his/her
course of study, and (2) Other employment related to academic funding, on-campus work, or economic
necessity. Although each type of employment has its own unique criteria and regulatory limits, each type
does have one thing in common: You MUST obtain written approval from the Responsible Officer or
Alternate Responsible Officer in the Office of International Student, Faculty, & Staff Services prior to
beginning any type of employment as a J-1 student.
Professor/Research Scholar Category
As participants in these J-1 program categories, foreign professors and research scholars engage in research,
teaching, and lecturing with their American colleagues. At the discretion of the responsible officer,
professors may freely engage in research and research scholars may freely engage in teaching and lecturing;
this will not be considered a change of category.
Alien Physician Category
Through this category, foreign medical graduates may pursue graduate medical education or training at
accredited schools of medicine or scientific institutions. Program participants in this category are
sponsored solely by the Educational Commission for Foreign Medical Graduates (ECFMG). To be
eligible, foreign medical graduates must meet several criteria including, an agreement or contract from a US
accredited medical school, an affiliated hospital, or a scientific institution to provide the accredited medical
education. The authorized employer is listed on the DS-2019 form (block 5).
H-1B Nonimmigrant Worker
The H-1B category enables US employers to employer alien workers in certain "specialty occupations". A
petition, when approved by the USCIS, may be valid for an initial period of up to three years with a total
aggregate of up to six years. The approval is evidenced on the I-797A or I-797B (List C #7). This class of alien
is allowed to continue employment with the same employer where a timely extension has been filed with USCIS
(Refer to How to Document Extensions of Stay with Same Employer for Certain Nonimmigrants listed under Other Issues in
this manual).
H-1B Portability Provision (commonly referred to as H-1B Transfer)
The American Competitiveness in the 21st Century Act includes a provision that allows a nonimmigrant alien
who has been issued valid H-1B status to begin working for a “new” employer as soon as that new employer
files a non-frivolous petition for the alien. Currently, there are no I-9 provisions for this type of authorization.
The USCIS recommends that employers follow current regulations for extension rules for this class of alien
(Refer to H-1B Portability I-9 listed under Other Issues in this manual).
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IFSS Reference Manual to I-9
NOTE: When hiring a worker under H-1B Portability Provisions the Form I-9 should include a copy of the
new employer’s USCIS Receipt Notice (I-797C) evidencing a filed petition along with a copy of the alien’s
I-94.
O-1 Nonimmigrant Worker
The O-1 category is available to aliens of extraordinary ability in science, the arts, education, business, or
athletics. Like the H-1B, it is an employer-based petition filed with the USCIS and when approved, may be valid
for an initial period of up to three years. The approval is evidenced on the I-797A or I-797B (List C #7).
TN Trade NAFTA
The category "Professionals Under the North American Free Trade Agreement" (NAFTA) is available only to
citizens of Mexico and Canada. Under the NAFTA a citizen of a participating country may work in a
professional occupation in another NAFTA country. Aliens entering under this classification are considered
nonimmigrants and will have an I-94 issued at a US port of entry. Extension of stay may be filed with the
USCIS and, when approved, will be evidenced on the I-797A (List C #7).
Derivative F-2, J-2, H-4, & O-3 (Dependents)
F-2
This class is issued to the immediate family member of the primary F-1 holder, which are the spouse and
unmarried children under twenty-one years of age. This class of alien may not accept employment in the
US. Additionally, the F-2 spouse may not engage in study in an academic program, but the F-2 minor child
may engage in study if it for elementary or secondary education (K-12). Both spouse and minor child are
allowed to study in a program that is vocational or recreational in nature. ATTENTION! Under no
circumstances would an I-9 be completed for this class of alien.
J-2
Visitors with J-2 status who wish to work in the US must apply for and obtain an Employment
Authorization Document (EAD) issued by the USCIS. This class of alien is not allowed to engage in
any activity for which someone might reasonably be paid without valid work authorization. This includes
many "volunteer" activities. Acceptable activities would include working for a charitable organization, such
as the Red Cross during a blood drive, assisting with a church bazaar, or any activity not generally associated
with compensation or remuneration for services.
H-4
H-4 status is issued to dependents (spouses and unmarried children under 21 years of age) of H-1, H-2 or
H-3 principal beneficiary. The H-4 provides for the same restrictions as the principal, however not the same
benefits. H-4 status does not permit employment in the US, but does permit school attendance.
ATTENTION! Under no circumstances would an I-9 be completed for this class of alien.
O-3
Spouses and minor children (dependents) of O-1’s are admitted under O-3 status with the same restrictions
as the principal. They may not work in the U.S. under this classification. ATTENTION! Under no
circumstances would an I-9 be completed for this class of alien.
EAD Cards
This card is issued to aliens who are authorized to work temporarily in the United States. It was previously issued as
an I-688B, but has been replaced by the I-766 (List A #10). There are 43 classes of aliens currently allowed to file
for an Employment Authorization Document (EAD card). The employer should take note of the F-1 student
EAD card issued for Optional Practical Training. The EAD is issued to F-1 students who wish to work in
their field of study but are not going to work as part of their academic program. The work offered should relate to
their US degree field.
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IFSS Reference Manual to I-9
Employment Eligibility Verification Instructions, Form I-9, and List of Acceptable Documents
The I-9 Form is available on the Human Resources Forms website. The Handbook for Employers (Form M-274) is
available on the USCIS website.
Document Review Standards & Common Sources of Confusion
The standard for review of documents in the employment eligibility verification process is that of reasonableness.
An I-9 List document is acceptable if it reasonably appears on its face to be genuine and relates to the individual
who presents it. In other words, an employer who signs Section 2 of the Form I-9 is not attesting to the legitimacy
of the status of the person who presents the document, but rather to the reasonable appearance of the document
relating to the individual presenting it. The employer should not continue to employ any individual who document
does not appear genuine and relates to the individual.
A national of the United States means a citizen of the United States, or a person who, though not a citizen of the
United States owes permanent allegiance to the United States.
I-94 Arrival/Departure Record
The Employer-specific employment authorization is indicated on the Form I-94, Arrival-Departure Record
that aliens receive and must retain with their passports. Upon admission into the US, these “cards” are stamped or
marked with the arriving aliens’ immigration classification and with the period of authorized stay in the US under
that classification. In order to be acceptable as proof of work eligibility, the stamp must specify that employment is
authorized or indicate an unexpired nonimmigrant admission. A stamp indicating a nonimmigrant admission
means that the alien may work for the approved employer(s) and for no other employer(s) until expiration of
the indicated period of approved stay. Therefore, only US employers whose employment petitions have been
approved by the USCIS may accept this documentation to satisfy employment eligibility verification
requirements of Form I-9. (Refer to “Other Resources” section of the manual for more information on Employerspecific
visa categories).
NOTE: The effective date for employment authorization can differ for those individuals who commenced
employment under the portability provisions described in the AC21 “Act” (Refer to the “H-1B Portability
Provision” section of this manual).
I-94 with Unexpired I-551 Stamp – No passport
The arrival portion of the Form I-94 with an unexpired I-551 stamp represents a List A #5 document and must be
presented with a photograph of the individual for identity purposes. It is valid until the expiration date or one year
from the issue date, which should be calculated and the date noted on the I-9 for future reverification purposes.
The Form I-151 is no longer an acceptable document (Refer to “Acceptable Documents “section of this manual).
I-551 Stamp with Unexpired Foreign Passport
This stamp represents temporary evidence of permanent resident status and must be reverified at the time the stamp
expires.
FORM I-766
Form I-766 was introduced in January 1997 as an Employment Authorization Document (EAD). It should be
recorded on the Form I-9 under List A. A previous version of the EAD is the Form I-688B, which continues to be
an acceptable List A document. (Refer to “EAD Card” section of this manual).
FORM I-551
The Permanent Resident Card (new version of Form I-551) was introduced in 1990 as documentation issued for
lawful permanent residents of the US. Older versions of Form I-551 remain valid until expiration, if any. The Form
I-551 should be recorded on the Form I-9 under List A.
Permissible F-1 On-Campus Employment
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IFSS Reference Manual to I-9
Work is allowable as soon as the student obtains F-1 status, though no sooner than 30 days prior to the start of
classes and must not exceed 20 hours a week while school is in session. Full-time on campus employment is allowed
when school is not in session or during the annual vacation. However, the student must have the intent to enroll for
the next regular academic year, term, or session with the same school. In the case of a transfer, the student may only
work on-campus at the school having authority over the student’s SEVIS record (Block 2 of the Form I-20). Any
on-campus employment should not displace US residents.
Other Issues
Discovering an Unauthorized Worker
An employer who discovers that an employee has been working without authorization should reverify work
authorization by allowing the employee another opportunity to present acceptable documentation and complete a new
Form I-9. However, employers should be aware that, if they know or should have known that an employee is
unauthorized to work in the US, they may be subject to serious penalties for “knowingly continuing to employ” an
unauthorized worker.
Certain Classes of Aliens Authorized to Continue Employment
The following classes of aliens listed below and described in Title 8 CFR § 247.a12, who have filed a timely
extension of such stay, are authorized to continue employment with the same employer for a period not to
exceed 240 days from the date of the expiration of that authorized period of stay: A-1, E-1, G-5, H-1, J-1, O-1,
P-1, R, TN.
How to Document an Extension of Stay with the Same Employer for Certain Nonimmigrants
Employers must reverify an employee’s work eligibility who has indicated an employment authorization
expiration date on the Form I-9. However, special classes of nonimmigrant worker are authorized to continue
employment with the same employer for a period not to exceed 240 days beginning on the date of the
expiration. Departments that have initiated an extension of stay with International Faculty & Staff
Services and have not received the Notice of Approval by the expiration date listed on I-9 should
calculate the 240 days and note the date in Sections 1 & 2 to clearly reflect this extension (Please note the
date in Section 3 of the I-9, if applicable). The update should be initialed and dated. Please send your original
update to Human Resources Records, SCB 129. Upon approval and receipt of the I-797A, you should complete
Section 3 under the reverification rules (Refer to “Updating and Reverification” in the HSC Quick Guide to I-9).
H-1B Portability I-9 procedures using How to Document an Extension of Stay with the Same
Employer Procedures (Some employees may be eligible for employment by virtue of holding valid H-1B
status with another employer).
Step 1
The employee is to complete all areas of Section 1 of the Form I-9 no later than the first day of
employment. The employer is responsible to ensure all required areas in Section 1 are complete. One of
three boxes must be checked. The third block requires the work expiration date to be filled-in. Allow the
employee to record the end date listed on the transferring employer’s I-797A (H-1B). The employer shall
complete Section 2 by the end of the third day of employment using the documents presented by the
employee. Again, allow the employee to submit evidence that (s)he currently holds a valid H-1B,
such as Form I-94 (List A #4 with an unexpired foreign passport ) or Form I-797A (List C #7 with a List
B identity document). Sign and date the Section 2 Attestation.
Step 2
The employer will write “AC21 Portability” in a blank area of Section 2.
Step 3
Following the key instructions above for How to Document an Extension of Stay with the Same Employer; (1)
calculate 240 days from the date listed in Sections 1 & 2; (2) strikethrough the original date and record the
new calculated date in Sections 1 & 2; (3) initial and date each substitution. Include a copy of the USCIS
Form I-797C provided by the International Faculty & Staff Services.
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IFSS Reference Manual to I-9
Hiring departments at the Health Sciences Center must submit the completed Form I-9 to HSC Human
Resources Records, SCB 122. Attach copies of the verifying documentation. Incomplete and inaccurate
forms will be returned to the employer.
ATTENTION! Upon approval of the H-1B, the employer must complete Section 3 under the
reverification rules (Refer to Updating and Reverification in the HSC Quick Guide to I-9).
How to Document an Asylee
Asylum applicants are only allowed employment authorization if they have been given a recommended approval
or conditional GRANT OF ASYLUM. A Form I-94 containing a Granted Asylum stamp may be presented to establish
employment authorization. To indicate granted asylum status, the stamp may include a reference to INA Section 208
rather than state the word “asylee”. This class of alien is authorized to work indefinitely incidental to their status and
may not have an expiration date indicated on the I-94 card. A notation should be included that work
authorization is “indefinite” in Sections 1 & 2. The I-94 must be present with an identity document, such as an
unexpired foreign passport or state issued driver’s license. It is acceptable to record the I-94 as a List C #7 item when a
List B identity has been presented. This applies only to the Granted Asylum alien.
NOTE: This class of alien is not required to apply for Permanent Resident status. Therefore, an “indefinite”
GRANTED ASLYUM I-94 card does not require I-9 revalidation.
F-1 Students On-Campus Employment for F-1 International Students working at the University of
Oklahoma as an approved off-campus location.
On-campus employment must either be performed on the school's premises or at an off-campus location which
is educationally affiliated with the school. In the case of off-campus locations, the educational affiliation
must be associated with the school's established curriculum or related to contractually funded research
projects at the post-graduate level. In any event, the employment must be an integral part of the student's
educational program. Employment authorized under this paragraph must not exceed 20 hours a week while
school is in session (exception due to hardship). An F-1 student may, however, work on campus full-time when
school is not in session or during the annual vacation (8 CFR Sec. 214.2(f)(9)). Approval from the student’s
DSO must be obtained before employment can commence.
There are three stages in the “Approved Off-campus” Location process:
1. DSO Approval: The student’s authorized DSO must determine that there is an education affiliation
between their institute and the potential employer. The DSO must determine that the activities are an
integral part of the student’s program in order to approve the employment at the off-campus location.
Prior to hiring, the student’s DSO should be notified of the proposed employment as follows:
a. A letter from the student’s academic department attesting that the work is an integral part of
the student’s program, AND;
b. A letter from the hiring department that identifies the supervisor, details the proposed
activities, verifies the position title, and gives the length and hours of employment (cc:
student’s academic department).
c. If the employment is permissible, the student’s DSO should generate a letter approving the
employment.
2. Title: Appointment is not limited to a specific job title, but should be compatible with the student’s
approved program and must follow established university guidelines for the position. Appointment
cannot be more than 50% FTE (20 hrs per week) while school is in session. All appointments for a
Graduate Assistant (GA, GRA, GTA) must follow the Graduate College policy.
3. Employment Eligibility; Acceptable documentation for the purposes of I-9 verification: An
identity document, such as an unexpired foreign passport with an I-94 card indicating F-1 “D/S” status
or an identity document, such as a state issued driver’s license, etc. AND a valid Form I-20 issued by
the student’s U.S. admitting school that verifies enrollment. An attached letter from student’s
Designated School Officer attesting that the employment is an integral part of the degree
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IFSS Reference Manual to I-9
program is required. The letter should reference the student’s field of study and contain the name of
the university hiring department where the off-campus employment will commence. Copies of the
DSO letter should be provided to the student’s academic department and the hiring department.
Employer Sanctions
If an investigation reveals that an employer has knowingly hired or continued to employ an unauthorized alien, OR
has failed to comply with the Form I-9 requirements, the US Citizenship & Immigration Services ma take action. If
the employer is issued a Final Order (unappealable), the following penalties can be imposed:
• Hiring or continuing to employ unauthorized aliens
• Failing to comply with the Form I-9 requirements
• Criminal Penalties
• Unlawful Discrimination
Resources
HSC Quick Guide to I-9
http://admin-scb.ouhsc.edu/person/documents/HSCGuidetoI9.Jan.06_000.pdf
US Citizenship & Immigration Services
http://www.uscis.gov/
USCIS Office of Business Liaison Employer Bulletins
http://www.uscis.gov/graphics/services/employerinfo/eibulletin.htm
USDOS Bureau of Consulate Affairs
http://travel.state.gov/
US Office for Special Counsel for Immigration-Related Unfair Employment Practices
http://www.usdoj.gov/crt/osc/
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