Additional Documentation Requirements

Additional Documentation Requirements

Some individuals who present a List A document, such as certain nonimmigrant students and exchange visitors, must present additional documentation in order to prove their work authorization in the U.S.

Foreign Students in F-1 Nonimmigrant Status Participating in Curricular Practical Training

Curricular practical training allows F-1 students to accept paid alternative work/study employment, internships, cooperative education or any other type of required internship or practicum that employers offer through cooperative agreements with the student’s school. The training must be related to the student’s field of study. A student may begin curricular practical training after the designated school official has completed Form I-20, Certificate of Eligibility for Nonimmigrant Students Status, endorsement page. The designated school official-endorsed Form I-20, Certificate of  Eligibility for F-1 Students Status together with the student’s Form I-94/94A indicating F-1 nonimmigrant status is evidence of employment authorization.

For Form I-9, Employment Eligibility Verification, purposes, the combination of the following documents is considered a List A document, evidencing both identity and employment authorization:

  • The student’s unexpired foreign passport
  • Form I-20 with the Designated School Official’s endorsement for employment on page 3
  • A valid Form I-94 or I-94A, Arrival/Departure Report indicating F-1 nonimmigrant status

image of form I-20

 

student I-94

In Section 2 of Form I-9, the employer should enter the foreign passport information in the first area and the I-94 information in the second area in the List A column. Enter the information from the Form I-20, which includes the Student and Exchange Visitor Information System (SEVIS) number and expiration date (i.e., the program end date) in the third area in the List A column. See the form instructions for specific requirements for entering information into each field.. 

J-1 Exchange Visitors

J-1 exchange visitor (e.g., teachers, professors, summer camp counselors, summer work travelers, au pairs) may work legally in the U.S. if the work is part of their approved program or if they receive permission to work from the official program sponsor.

J-1 exchange visitors receive several documents in connection with their programs. For Form I-9 purposes, the combination of the following documents is considered a List A document, evidencing both identity and employment authorization: 

  • Unexpired foreign passport
  • Form DS-2019 (J-1 exchange visitors cannot work after the program end date on this form.)
  • Form I-94 or I-94A indicating J-1  status
  • A letter or other documentation from the Responsible Officer in the case of a J-1 nonimmigrant student.

JI Exchange Visitors

 In Section 2 of Form I-9, the employer should enter the foreign passport information in the first area and the I-94 information in the second area in the List A column. Enter the information from Form DS-2019, which includes the SEVIS number and the expiration date, (i.e., the program end date) in the third area in the List A column. For J-1 nonimmigrant students, also note the documentation from the Responsible Officer in the ‘Additional Information’ field in Section 2.

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ADDITIONAL INFORMATION

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