Table of Contents
What is the I-9 Form?
Why do F1 students need to fill out the I-9 Form?
Documents needed for filling out the I-9 Form
How to fill out section 1 of the I-9 Form
How to fill out section 2 of the I-9 Form
Common mistakes to avoid while filling out the I-9 Form
Conclusion
The I-9 form is mandatory to maintain while offering employment to students on F-1, J-1, or M-1 visa. All employers must keep and maintain I-9 forms for students to avoid any penalties. However, there are certain things that employers must keep in mind while asking OPT/CPT students to fill out the I-9 form and verify the documents and information they provide.
In this blog, we will discuss the essential components like supporting documents for filing the I-9 form, when to complete the I-9 form, where to find the end date to mention in the I-9 form, etc.
So, lets begin.
What is the I-9 Form?
The I-9 Form, also known as the Employment Eligibility Verification Form, is a document to verify the identity and employment authorization of individuals hired for employment in the US. When a person is hired, US employers are required to complete the I-9 Form as part of the onboarding process.
The purpose of the form is to ensure that the employee is legally eligible to work in the U.S. and to prevent unauthorized individuals from obtaining employment. The form requires the employee to provide documentation that establishes their identity and work authorization status.
The I-9 Form is typically completed within a few days of the employee’s hire date, and it must be kept on file by the employer for a specified period of time (usually three years after the date of hire or one year after the date of employment termination, whichever is later). The form may be subject to inspection by government agencies like the Department of Homeland Security (DHS), the Department of Labor (DOL), and the USCIS.
Employers are responsible for ensuring that the information provided on the I-9 Form is accurate and that the required documents are valid. Failure to properly complete and retain I-9 Forms can result in penalties for employers.
Why do F1 students need to fill out the I-9 Form?
F-1 students in the United States on a nonimmigrant student visa are required to fill out the I-9 Form when they are hired for employment, just like any other individual seeking employment in the country. F-1 students are typically allowed to work in the U.S. under certain conditions set by the U.S. Citizenship and Immigration Services (USCIS) regulations and the terms of their student visa. These conditions include:
- On-Campus Employment
F-1 students are generally allowed to work on the premises of the school they are attending, such as in a library, cafeteria, or administrative office. They may need to obtain permission from their Designated School Official (DSO) before starting on-campus employment.
- Optional Practical Training (OPT)
OPT is a program that allows F-1 students to work off-campus in a field related to their major area of study. Students must apply for and receive authorization from USCIS and their DSO to participate in OPT.
- Curricular Practical Training (CPT)
CPT is a type of work authorization that allows F-1 students to work off-campus in a job related to their field of study as part of their curriculum. Students must receive approval from their DSO before engaging in CPT.
When F-1 students engage in any of the above employment opportunities, they are required to fill out the I-9 Form to verify their eligibility to work in the United States. This involves providing acceptable documents that establish their identity and employment authorization.
By completing the I-9 Form, F-1 students, like all other employees, are confirming their legal eligibility to work in the U.S. based on their immigration status and the type of employment authorization they possess.
Documents needed for filling out the I-9 Form
The I-9 Form requires individuals to present specific documents to establish their identity and employment authorization. The documents are categorized into three lists: List A, List B, and List C. Individuals must present either one document from List A or a combination of one document from List B and one document from List C. Here are the types of documents that can be used for each list:
List A document, including the combination of:
- Unexpired foreign passport;
- Form I-20 with the DSO endorsement for employment; and
- Form I-94 indicating F-1 nonimmigrant status.
Or
List B and List C documents:
For example, a state driver’s license (List B document) and, under List C #7, a Form I-94 indicating F-1 nonimmigrant status with a properly endorsed Form I-20.
When completing Section 2 with List A documents, you should enter the student’s:
Foreign passport information;
Form I-94 information; and
Form I-20 information, including the Student and Exchange Visitor Information System (SEVIS) number and CPT employment authorization end date (not the program expiration date).
How to fill out section 1 of the I-9 Form
Section 1 of the I-9 Form is where the employee provides their personal information, citizenship or immigration status, and other relevant details. Here’s a step-by-step guide on how F-1 students can fill out Section 1 of the I-9 Form:
Step 1: Obtain a copy of the current version of the I-9 Form. You can usually download it from the official U.S. Citizenship and Immigration Services (USCIS) website.
Step 2: Print out the form and fill it out. Alternatively, some employers use electronic versions of the form that allow you to fill it out digitally.
Step 3: Complete the following fields:
- Last Name : Enter your last name as it appears on your official documents.
- First Name : Enter your first name as it appears on your official documents.
- Middle Initial: If applicable, enter your middle initial.
- Address: Enter your current address, including street address, apartment number (if applicable), city, state, and ZIP code.
- Date of Birth (DOB): Enter your date of birth in the format MM/DD/YYYY.
- S. Social Security Number (SSN): If you have a valid SSN, you can enter it here. If not, leave this field blank.
- Employee’s Attestation: Check the appropriate box to indicate your citizenship or immigration status. As an F-1 student, you would check the box for “An alien authorized to work.”
- Date of Employment: Enter the date you are starting employment. This is typically your first day of work.
- Your Signature: Sign your name in the space provided. If you are completing a digital form, follow the instructions for electronically signing.
Step 4: Review your information for accuracy before submitting the form to your employer.
Step 5: Submit the completed Section 1 of the I-9 Form to your employer within the required time frame. The form must be completed on or before your first day of employment.
How to fill out section 2 of the I-9 Form
Section 2 of the I-9 Form is completed by the employer or an authorized representative. This section involves reviewing and verifying the documents presented by the employee to establish their identity and work authorization. Here’s a step-by-step guide on how to fill out Section 2 of the I-9 Form for F-1 students:
Step 1: Make sure the employee has filled out Section 1 of the form correctly and signed it. Section 1 must be completed on or before the first day of employment.
Step 2: Once the employee has completed Section 1, they will present documents to establish their identity and employment authorization. Acceptable documents are listed in Lists A, B, and C on the I-9 Form. The employee can present either one document from List A or a combination of one document from List B and one from List C.
Step 3: As the employer or authorized representative, you will examine the documents presented by the employee to verify their authenticity and match them with the information provided in Section 1.
Step 4: Complete the following line items of Section 2:
Employer or Authorized Representative Review and Verification:
- Check the box that corresponds to the type of document(s) presented by the employee.
- Enter the document title(s), issuing authority, document number(s), and expiration date(s) (if applicable).
- Employer’s Business or Organization Name and Address: Enter the name and address of your business or organization.
- Date of Hire: Enter the date the employee began or will begin working. This date must be within three business days of the first day of employment as indicated in Section 1.
- Employer’s Signature: Sign your name in the appropriate field.
- Date: Enter the date you completed Section 2.
Step 5: Review the completed Section 2 for accuracy. Ensure that all required fields are filled out correctly, and that the documents presented by the employee match the information provided.
Step 6: Retain the completed I-9 Form on file. Employers are required to keep the I-9 Form on file for a specified period. Make sure to follow the appropriate storage and retention guidelines.
Common mistakes to avoid while filling out the I-9 Form
Filling out the I-9 Form accurately is crucial to ensure compliance with U.S. immigration and employment laws. Here are some common mistakes to avoid when completing the form:
Missing or Incomplete Sections: Ensure that all sections of the form are completed accurately and fully. Don’t leave any required fields blank.
Using Outdated Versions: Always use the most current version of the I-9 Form, as USCIS periodically updates the form. Using an outdated form could lead to errors or non-compliance.
Late Submission: The I-9 Form must be completed within your first three days of employment. Don’t delay in submitting it.
Using Expired Documents: Make sure the documents you present are current and unexpired.
Providing Incorrect Information: Ensure that all the information you provide on the form is accurate and matches the documents you present.
Conclusion
The I-9 Form holds significant importance for both employers and F-1 students seeking employment opportunities in the United States. This form serves as a vital tool in ensuring that individuals hired for work are legally authorized to do so, while also safeguarding against unauthorized employment.
Moreover, the I-9 Form exemplifies the collaboration necessary between employers and F-1 students to ensure legal and authorized employment within the United States. By following the outlined steps, understanding the requisite documentation, and adhering to guidelines, employers and F-1 students can navigate the I-9 Form process successfully.
You can also leverage Imagility platform abiltiy to ensure I-9 compliance. The platform keeps all the documents in a place which can be retrieved anytime anywhere with a single click.
