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 />
Employment Eligibility Verification Instructions, <strong>Form</strong> I-9, and List <strong>of</strong> Acceptable Documents<br />
The I-9 <strong>Form</strong> is available on the <strong>Human</strong> Resources <strong>Form</strong>s website. The Handbook for Employers (<strong>Form</strong> M-274) is<br />
available on the USCIS website.<br />
Document Review Standards & Common Sources <strong>of</strong> Confusion<br />
The standard for review <strong>of</strong> documents in the employment eligibility verification process is that <strong>of</strong> reasonableness.<br />
An I-9 List document is acceptable if it reasonably appears on its face to be genuine and relates to the individual<br />
who presents it. In other words, an employer who signs Section 2 <strong>of</strong> the <strong>Form</strong> I-9 is not attesting to the legitimacy<br />
<strong>of</strong> the status <strong>of</strong> the person who presents the document, but rather to the reasonable appearance <strong>of</strong> the document<br />
relating to the individual presenting it. The employer should not continue to employ any individual who document<br />
does not appear genuine and relates to the individual.<br />
A national <strong>of</strong> the United States means a citizen <strong>of</strong> the United States, or a person who, though not a citizen <strong>of</strong> the<br />
United States owes permanent allegiance to the United States.<br />
I-94 Arrival/Departure Record<br />
The Employer-specific employment authorization is indicated on the <strong>Form</strong> I-94, Arrival-Departure Record<br />
that aliens receive and must retain with their passports. Upon admission into the US, these “cards” are stamped or<br />
marked with the arriving aliens’ immigration classification and with the period <strong>of</strong> authorized stay in the US under<br />
that classification. In order to be acceptable as pro<strong>of</strong> <strong>of</strong> work eligibility, the stamp must specify that employment is<br />
authorized or indicate an unexpired nonimmigrant admission. A stamp indicating a nonimmigrant admission<br />
means that the alien may work for the approved employer(s) and for no other employer(s) until expiration <strong>of</strong><br />
the indicated period <strong>of</strong> approved stay. Therefore, only US employers whose employment petitions have been<br />
approved by the USCIS may accept this documentation to satisfy employment eligibility verification<br />
requirements <strong>of</strong> <strong>Form</strong> I-9. (Refer to “Other Resources” section <strong>of</strong> the manual for more information on Employerspecific<br />
visa categories).<br />
NOTE: The effective date for employment authorization can differ for those individuals who commenced<br />
employment under the portability provisions described in the AC21 “Act” (Refer to the “H-1B Portability<br />
Provision” section <strong>of</strong> this manual).<br />
I-94 with Unexpired I-551 Stamp – No passport<br />
The arrival portion <strong>of</strong> the <strong>Form</strong> I-94 with an unexpired I-551 stamp represents a List A #5 document and must be<br />
presented with a photograph <strong>of</strong> the individual for identity purposes. It is valid until the expiration date or one year<br />
from the issue date, which should be calculated and the date noted on the I-9 for future reverification purposes.<br />
The <strong>Form</strong> I-151 is no longer an acceptable document (Refer to “Acceptable Documents “section <strong>of</strong> this manual).<br />
I-551 Stamp with Unexpired Foreign Passport<br />
This stamp represents temporary evidence <strong>of</strong> permanent resident status and must be reverified at the time the stamp<br />
expires.<br />
FORM I-766<br />
<strong>Form</strong> I-766 was introduced in January 1997 as an Employment Authorization Document (EAD). It should be<br />
recorded on the <strong>Form</strong> I-9 under List A. A previous version <strong>of</strong> the EAD is the <strong>Form</strong> I-688B, which continues to be<br />
an acceptable List A document. (Refer to “EAD Card” section <strong>of</strong> this manual).<br />
FORM I-551<br />
The Permanent Resident Card (new version <strong>of</strong> <strong>Form</strong> I-551) was introduced in 1990 as documentation issued for<br />
lawful permanent residents <strong>of</strong> the US. Older versions <strong>of</strong> <strong>Form</strong> I-551 remain valid until expiration, if any. The <strong>Form</strong><br />
I-551 should be recorded on the <strong>Form</strong> I-9 under List A.<br />
Permissible F-1 On-Campus Employment<br />
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