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

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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