You, as the employer, likely have submitted a petition to USCIS on the nonimmigrant employee’s behalf. However, there are some exceptions to this rule:
1. You made an offer of employment to a Canadian passport holder who entered the United States under the North American Free Trade Agreement (NAFTA) with an offer letter from your company. This nonimmigrant worker will have a Form I-94/I-94A indicating a TN immigration status, and may choose to present it with his or her passport under List A. The employee may also present Form I-94/I-94A indicating a TN immigration status as a List C document, in which case your employee will need to present a List B document (e.g., Canadian driver’s license) to satisfy Section 2 of Form I-9.
2. A student working in on-campus employment or participating in curricular practical training.
3. A J-1 exchange visitor.
Most employees who present a foreign passport in combination with a Form I-94 or I-94A (List A, Item 5) are restricted to work only for the employer who petitioned on their behalf. If you did not submit a petition for an employee who presents such documentation, then that nonimmigrant worker is not usually authorized to work for you.
No. The additional spaces are provided in case an employee presents a List A document that is really a combination of more than one document. For example, one of the documents found in List A is a foreign passport with an attached Form I-94/I-94A, bearing the same name as the passport and containing endorsement of the individual’s nonimmigrant status, if that status authorizes the individual to work for the employer. Form I-9 provides space for you to record the document number and expiration date for both the passport and Form I-94/I-94A.
If the employee is a student or exchange visitor, the employer should enter the employee’s From I-20 or DS-2019 number and the program end date from Form I-20 or DS-2019 in addition to the passport and Form I-94 information.
A permanent resident card with a USCIS-issued sticker extending its validity is a List A document and acceptable for Form I-9. Employers are not required to reverify the employment eligibility of a lawful permanent resident and should not reverify the employment authorization of this employee.
Yes, the designated school official is required to enter the employer’s name on a student’s Form I-20 per the regulations governing F-1 nonimmigrant employment.
No. Employers cannot accept documents that will be valid on a future date. In addition, employees cannot begin employment until authorized to do so.
Yes. An unsigned passport is acceptable for Form I-9 as long as the document reasonably appears on its face to be genuine and relate to the person presenting the document.
Under the Compacts of Free Association between the United States and FSM and RMI, most citizens of FSM and RMI are eligible to reside and work in the United States as nonimmigrants. An amendment to the Compacts eliminated the need for citizens of these two countries to obtain Employment Authorization Documents (Form I-766) to work in the United States. However, FSM and RMI citizens may also apply for Employment Authorization Documents (Forms I-766) if they wish, or present a combination of List B and List C documents. The List A document specific to FSM and RMI citizens is a valid FSM or RMI passport with a Form I-94/I-94A indicating nonimmigrant admission under one of the Compacts.
Yes. The passport card is a wallet-size document issued by the U .S. Department of State. While its permissible uses for international travel are more limited than the U .S. Passport book, the passport card is a fully valid passport that attests to the U .S. citizenship and identity of the bearer. As such, the unexpired passport card has been included on List A of the Lists of Acceptable Documents on Form I-9.