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.