Form I-9 Reference Manual - University of Oklahoma Human ...
Form I-9 Reference Manual - University of Oklahoma Human ...
Form I-9 Reference Manual - University of Oklahoma Human ...
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IFSS <strong>Reference</strong> <strong>Manual</strong> to I-9<br />
3. full-time after completion <strong>of</strong> all course requirements for degree (excluding thesis or the equivalent) or,<br />
4. full-time after completion <strong>of</strong> the entire course <strong>of</strong> study. The maximum amount <strong>of</strong> time an F-1 student<br />
may engage in OPT is 12 months.<br />
It is important to note, however, that F-1 students who have engaged in full-time CPT (see "Curricular Practical<br />
Training" above) for 12 months or more are ineligible for OPT.<br />
ATTENTION! Students engaging in Optional Practical Training can NOT begin work until (s)he receives<br />
approval from USCIS in the form <strong>of</strong> a valid EAD card (List A #10) (Refer to the “EAD Card” section <strong>of</strong><br />
this manual). F-1 students may also apply for an EAD based on economic hardship.<br />
J-1 Exchange Visitors<br />
Exchange programs are to increase mutual understanding between the people <strong>of</strong> the US and the people <strong>of</strong> other<br />
countries through educational and cultural exchanges. Authorized program activities are facilitated, in part,<br />
through the designation <strong>of</strong> public and private entities as sponsors <strong>of</strong> the Exchange Visitor Program. Although<br />
there are several program categories, this manual will discuss the three programs most common within the<br />
university.<br />
Student Category<br />
J-1 students may engage in two general categories <strong>of</strong> employment: (1) Academic Training related to his/her<br />
course <strong>of</strong> study, and (2) Other employment related to academic funding, on-campus work, or economic<br />
necessity. Although each type <strong>of</strong> employment has its own unique criteria and regulatory limits, each type<br />
does have one thing in common: You MUST obtain written approval from the Responsible Officer or<br />
Alternate Responsible Officer in the Office <strong>of</strong> International Student, Faculty, & Staff Services prior to<br />
beginning any type <strong>of</strong> employment as a J-1 student.<br />
Pr<strong>of</strong>essor/Research Scholar Category<br />
As participants in these J-1 program categories, foreign pr<strong>of</strong>essors and research scholars engage in research,<br />
teaching, and lecturing with their American colleagues. At the discretion <strong>of</strong> the responsible <strong>of</strong>ficer,<br />
pr<strong>of</strong>essors may freely engage in research and research scholars may freely engage in teaching and lecturing;<br />
this will not be considered a change <strong>of</strong> category.<br />
Alien Physician Category<br />
Through this category, foreign medical graduates may pursue graduate medical education or training at<br />
accredited schools <strong>of</strong> medicine or scientific institutions. Program participants in this category are<br />
sponsored solely by the Educational Commission for Foreign Medical Graduates (ECFMG). To be<br />
eligible, foreign medical graduates must meet several criteria including, an agreement or contract from a US<br />
accredited medical school, an affiliated hospital, or a scientific institution to provide the accredited medical<br />
education. The authorized employer is listed on the DS-2019 form (block 5).<br />
H-1B Nonimmigrant Worker<br />
The H-1B category enables US employers to employer alien workers in certain "specialty occupations". A<br />
petition, when approved by the USCIS, may be valid for an initial period <strong>of</strong> up to three years with a total<br />
aggregate <strong>of</strong> up to six years. The approval is evidenced on the I-797A or I-797B (List C #7). This class <strong>of</strong> alien<br />
is allowed to continue employment with the same employer where a timely extension has been filed with USCIS<br />
(Refer to How to Document Extensions <strong>of</strong> Stay with Same Employer for Certain Nonimmigrants listed under Other Issues in<br />
this manual).<br />
H-1B Portability Provision (commonly referred to as H-1B Transfer)<br />
The American Competitiveness in the 21st Century Act includes a provision that allows a nonimmigrant alien<br />
who has been issued valid H-1B status to begin working for a “new” employer as soon as that new employer<br />
files a non-frivolous petition for the alien. Currently, there are no I-9 provisions for this type <strong>of</strong> authorization.<br />
The USCIS recommends that employers follow current regulations for extension rules for this class <strong>of</strong> alien<br />
(Refer to H-1B Portability I-9 listed under Other Issues in this manual).<br />
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