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 />
Work is allowable as soon as the student obtains F-1 status, though no sooner than 30 days prior to the start <strong>of</strong><br />
classes and must not exceed 20 hours a week while school is in session. Full-time on campus employment is allowed<br />
when school is not in session or during the annual vacation. However, the student must have the intent to enroll for<br />
the next regular academic year, term, or session with the same school. In the case <strong>of</strong> a transfer, the student may only<br />
work on-campus at the school having authority over the student’s SEVIS record (Block 2 <strong>of</strong> the <strong>Form</strong> I-20). Any<br />
on-campus employment should not displace US residents.<br />
Other Issues<br />
Discovering an Unauthorized Worker<br />
An employer who discovers that an employee has been working without authorization should reverify work<br />
authorization by allowing the employee another opportunity to present acceptable documentation and complete a new<br />
<strong>Form</strong> I-9. However, employers should be aware that, if they know or should have known that an employee is<br />
unauthorized to work in the US, they may be subject to serious penalties for “knowingly continuing to employ” an<br />
unauthorized worker.<br />
Certain Classes <strong>of</strong> Aliens Authorized to Continue Employment<br />
The following classes <strong>of</strong> aliens listed below and described in Title 8 CFR § 247.a12, who have filed a timely<br />
extension <strong>of</strong> such stay, are authorized to continue employment with the same employer for a period not to<br />
exceed 240 days from the date <strong>of</strong> the expiration <strong>of</strong> that authorized period <strong>of</strong> stay: A-1, E-1, G-5, H-1, J-1, O-1,<br />
P-1, R, TN.<br />
How to Document an Extension <strong>of</strong> Stay with the Same Employer for Certain Nonimmigrants<br />
Employers must reverify an employee’s work eligibility who has indicated an employment authorization<br />
expiration date on the <strong>Form</strong> I-9. However, special classes <strong>of</strong> nonimmigrant worker are authorized to continue<br />
employment with the same employer for a period not to exceed 240 days beginning on the date <strong>of</strong> the<br />
expiration. Departments that have initiated an extension <strong>of</strong> stay with International Faculty & Staff<br />
Services and have not received the Notice <strong>of</strong> Approval by the expiration date listed on I-9 should<br />
calculate the 240 days and note the date in Sections 1 & 2 to clearly reflect this extension (Please note the<br />
date in Section 3 <strong>of</strong> the I-9, if applicable). The update should be initialed and dated. Please send your original<br />
update to <strong>Human</strong> Resources Records, SCB 129. Upon approval and receipt <strong>of</strong> the I-797A, you should complete<br />
Section 3 under the reverification rules (Refer to “Updating and Reverification” in the HSC Quick Guide to I-9).<br />
H-1B Portability I-9 procedures using How to Document an Extension <strong>of</strong> Stay with the Same<br />
Employer Procedures (Some employees may be eligible for employment by virtue <strong>of</strong> holding valid H-1B<br />
status with another employer).<br />
Step 1<br />
The employee is to complete all areas <strong>of</strong> Section 1 <strong>of</strong> the <strong>Form</strong> I-9 no later than the first day <strong>of</strong><br />
employment. The employer is responsible to ensure all required areas in Section 1 are complete. One <strong>of</strong><br />
three boxes must be checked. The third block requires the work expiration date to be filled-in. Allow the<br />
employee to record the end date listed on the transferring employer’s I-797A (H-1B). The employer shall<br />
complete Section 2 by the end <strong>of</strong> the third day <strong>of</strong> employment using the documents presented by the<br />
employee. Again, allow the employee to submit evidence that (s)he currently holds a valid H-1B,<br />
such as <strong>Form</strong> I-94 (List A #4 with an unexpired foreign passport ) or <strong>Form</strong> I-797A (List C #7 with a List<br />
B identity document). Sign and date the Section 2 Attestation.<br />
Step 2<br />
The employer will write “AC21 Portability” in a blank area <strong>of</strong> Section 2.<br />
Step 3<br />
Following the key instructions above for How to Document an Extension <strong>of</strong> Stay with the Same Employer; (1)<br />
calculate 240 days from the date listed in Sections 1 & 2; (2) strikethrough the original date and record the<br />
new calculated date in Sections 1 & 2; (3) initial and date each substitution. Include a copy <strong>of</strong> the USCIS<br />
<strong>Form</strong> I-797C provided by the International Faculty & Staff Services.<br />
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