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

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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 12
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. 13
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