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

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IFSS Reference Manual to I-9 1. I-797A is an approval notice of the petition and is usually associated with the beneficiary (worker) already being in the US, such as a sequential or concurrent H-1B, change of status to H-1B, or extension of H-1B with the same employer, 2. I-797B is an approval notice of the petition and cable notification has been sent to the listed consulate for visa issuance in the classification sought, such as H-1B. Approval in itself does not grant any immigration status and does not guaranteed that the alien will subsequently be found to be eligible for an “entry” visa. 3. I-797C is the receipt notice of a petitioner’s or requestor’s non-frivolous petition or application filing with the USCIS. In some cases, this receipt will suffice for employment authorization (Refer to “H-1B Portability Rules and How to Document Extensions of Stay with Same Employer for Certain Nonimmigrants” listed under “Other Issue” in this manual). Immigration Terminology Visa vs. Immigration Status The relationship between the visa’s period of validity and the alien’s status in the US must be clearly understood. Visa is a term that is often used loosely as to be confusing to those who are not familiar with immigration law. Technically, a visa is a travel document issued by a US consulate abroad that allows the alien to travel to the US (e.g. to board plane, train or ship) and apply for admission into the US. The visa alone does not, however, confer any immigration status or employment authorization, and the validity of the visa does not relate whatsoever to the period of time the alien is authorized to remain in the US. The Form I-94 indicates the classification (immigration status) under which the alien is admitted and the period of authorized stay in the US in that classification. Some aliens may be eligible under the Visa Wavier Program and are not required to obtain a visa, but they will be issued a Form I-94W indicating the classification and the period of authorized stay. Alien Number Alien Numbers are issued to aliens whenever an alien applies for certain immigration-related benefits. The number may be an eight or nine digit number and is preceded by a capital “A”. You may find these numbers on forms such as the I-551, I-766, and I-797s. Admission Number This number is the same as the I-94 Arrival/Departure Record that is issued at a port of entry to foreign visitors entering the US. The admitting officer attaches the I-94 to the visitor’s passport and stamps the arrival date and records departure date when the visitor must exit the US. The eleven-digit number is listed in the upper lefthand corner of the I-94. Immigrant An immigrant is a foreign-born person who leaves one country to settle permanently in another. US Immigrants have been approved for lawful permanent residence and have permanent, unrestricted eligibility for employment authorization. Lawful Permanent Resident This status allows the person to live permanently in the US, to travel in and out without a visa, to work for any employer, to accumulate time toward US citizenship. Evidence of lawful status includes, a Permanent Resident Card (Form I-551, Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card and/or “Green Card”). Refugee/Asylee Refugee is an alien who has been granted admission to the US. An asylee is an alien who was granted political asylum after entering the US. Both are allowed following an official determination that (s)he is unable or unwilling to return to their home country because of actual or well-founded fear of persecution on account of race, religion, nationality, and membership in a particular group, or political opinion. These classes of aliens are allowed to apply for Permanent Resident status. Both are authorized to work incidental to their status and allows them to obtain an Employment Authorization Document (List A #10) from the USCIS and a social security number from the SSA (List C #1). Refer to the “Receipt Rule" for documentation requirements for the Refugee class of alien. Documentation requirements for Asylee status can be found on page 14 of this manual. 8
IFSS Reference Manual to I-9 NOTE: Although these classes of aliens are authorized to work, they are NOT guaranteed a “green card”. Only after approval from the USCIS will they become Lawful Permanent Residents of the U.S. Nonimmigrant A nonimmigrant is an alien who seeks temporary entry to the US for a specific purpose. There are approximately thirty types of nonimmigrant classifications. USCIS regulations establish three classes of aliens who are allowed to work in the US: (1) aliens authorized to work incidental to their immigration status, (2) aliens who are permitted to work for a specific employer incident to their status, and (3) aliens who must apply for and obtain permission form the USCIS in order to accept employment in the US. All nonimmigrants will be issued an I-94 Arrival Departure Record. (Refer to the USCIS Employer Bulletin 1 for employer-specific classes). B-1/B-2 or WB/WT An alien eligible for the B-1 Visitor for Business status may be admitted into the US for purposes of engaging in business but not for the purpose of being employed. Immigration aggressively distinguishes between doing business and engaging in employment. "Business" does not include engaging in local employment or labor for hire. The B-2 visitor for pleasure is needed for nonimmigrant individuals wishing to travel in the US for recreational activities, such as tourism, to visit relatives, or obtain medical treatment. The WB and WT classes of aliens are equivalent to the B-1/B-2 but are issued to individuals who qualify under the Visa Waiver Program. ATTENTION! Under no circumstances would an I-9 be completed for these classes of aliens. Although these classes of aliens are not eligible to be employed, under certain circumstances, may receive honoraria (Contact the Accounts Payable office for information on honoraria payments). F-1 Students There are two components for qualified on-campus employment: • Limits on the type and location of the employment, and • Limited to jobs that do not displace a U.S. citizen or lawful permanent resident F-1 students may engage in employment on the campus they are authorized to attend (indicated in Section 2 of the I-20 Form) for a maximum of 20 hours per week during normal enrollment periods and up to 40 hours per week during the summer or other officially recognized school break. No special authorization from the USCIS is necessary in order to engage in on-campus employment. (Information for “Off-Campus Location” employment can be found on page 14 of this manual). Prior to completion of studies, an F-1 student may engage in employment (on-campus or off-campus) that directly relates to his/her major field of study via Curricular Practical Training (CPT). CPT is granted by the student’s Designated School Official (DSO) and the Form I-20 is endorsed with the dates the student is eligible to work, as well as the number of hours per week. A student with CPT must present an original Form I-20 indicating CPT approval to an intended employer before employment may lawfully commence. CPT can be divided into two categories: 1. an internship/practicum which is a required part of the program curriculum 2. a training program which is not required, but which is integral to one's program of study and for which academic credit is received. Employment may be part-time (20 hrs per week or less) or full-time (more than 20 hrs per week). Off-campus locations may be approved by the students DSO (see page 14). It is important to note, however, that F-1 students who engage in full-time CPT for 12 months or more will forfeit their period of Optional Practical Training following completion of studies. An F-1 student may be authorized to engage in employment (on-campus or off-campus) that is directly related to his/her major field of study via Optional Practical Training (OPT). OPT can be divided into four categories: 1. part-time or full-time during the student's annual vacation period and at other times when school is not in session, if the student is currently enrolled and eligible and intends to register for the next term, 2. while school is in session, provided the employment does not exceed 20 hours per week, 9
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