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

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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