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 />
1. I-797A is an approval notice <strong>of</strong> the petition and is usually associated with the beneficiary (worker)<br />
already being in the US, such as a sequential or concurrent H-1B, change <strong>of</strong> status to H-1B, or<br />
extension <strong>of</strong> H-1B with the same employer,<br />
2. I-797B is an approval notice <strong>of</strong> the petition and cable notification has been sent to the listed consulate<br />
for visa issuance in the classification sought, such as H-1B. Approval in itself does not grant any<br />
immigration status and does not guaranteed that the alien will subsequently be found to be eligible for<br />
an “entry” visa.<br />
3. I-797C is the receipt notice <strong>of</strong> a petitioner’s or requestor’s non-frivolous petition or application filing<br />
with the USCIS. In some cases, this receipt will suffice for employment authorization (Refer to “H-1B<br />
Portability Rules and How to Document Extensions <strong>of</strong> Stay with Same Employer for Certain Nonimmigrants” listed<br />
under “Other Issue” in this manual).<br />
Immigration Terminology<br />
Visa vs. Immigration Status<br />
The relationship between the visa’s period <strong>of</strong> validity and the alien’s status in the US must be clearly understood.<br />
Visa is a term that is <strong>of</strong>ten used loosely as to be confusing to those who are not familiar with immigration law.<br />
Technically, a visa is a travel document issued by a US consulate abroad that allows the alien to travel to the US<br />
(e.g. to board plane, train or ship) and apply for admission into the US. The visa alone does not, however,<br />
confer any immigration status or employment authorization, and the validity <strong>of</strong> the visa does not relate<br />
whatsoever to the period <strong>of</strong> time the alien is authorized to remain in the US. The <strong>Form</strong> I-94 indicates the<br />
classification (immigration status) under which the alien is admitted and the period <strong>of</strong> authorized stay in the US<br />
in that classification. Some aliens may be eligible under the Visa Wavier Program and are not required to obtain<br />
a visa, but they will be issued a <strong>Form</strong> I-94W indicating the classification and the period <strong>of</strong> authorized stay.<br />
Alien Number<br />
Alien Numbers are issued to aliens whenever an alien applies for certain immigration-related benefits. The<br />
number may be an eight or nine digit number and is preceded by a capital “A”. You may find these numbers on<br />
forms such as the I-551, I-766, and I-797s.<br />
Admission Number<br />
This number is the same as the I-94 Arrival/Departure Record that is issued at a port <strong>of</strong> entry to foreign visitors<br />
entering the US. The admitting <strong>of</strong>ficer attaches the I-94 to the visitor’s passport and stamps the arrival date and<br />
records departure date when the visitor must exit the US. The eleven-digit number is listed in the upper lefthand<br />
corner <strong>of</strong> the I-94.<br />
Immigrant<br />
An immigrant is a foreign-born person who leaves one country to settle permanently in another. US Immigrants<br />
have been approved for lawful permanent residence and have permanent, unrestricted eligibility for employment<br />
authorization.<br />
Lawful Permanent Resident<br />
This status allows the person to live permanently in the US, to travel in and out without a visa, to work for any<br />
employer, to accumulate time toward US citizenship. Evidence <strong>of</strong> lawful status includes, a Permanent Resident Card<br />
(<strong>Form</strong> I-551, Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card and/or “Green Card”).<br />
Refugee/Asylee<br />
Refugee is an alien who has been granted admission to the US. An asylee is an alien who was granted political<br />
asylum after entering the US. Both are allowed following an <strong>of</strong>ficial determination that (s)he is unable or<br />
unwilling to return to their home country because <strong>of</strong> actual or well-founded fear <strong>of</strong> persecution on account <strong>of</strong><br />
race, religion, nationality, and membership in a particular group, or political opinion. These classes <strong>of</strong> aliens are<br />
allowed to apply for Permanent Resident status. Both are authorized to work incidental to their status and<br />
allows them to obtain an Employment Authorization Document (List A #10) from the USCIS and a social<br />
security number from the SSA (List C #1). Refer to the “Receipt Rule" for documentation requirements for the<br />
Refugee class <strong>of</strong> alien. Documentation requirements for Asylee status can be found on page 14 <strong>of</strong> this manual.<br />
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