Page 24 - Handbook for Employers - Guidance for Completing Form I-9

Some exchange visitors may extend their status. If you the student’s Form I-20 in Section 2.
have questions about any exchange visitor’s continued
employment authorization, contact the responsible Foreign students in F-1 nonimmigrant status may work:
officer whose name and telephone number are on Form • On the school’s premises, including on-
DS-2019. location commercial firms that provide services
for students on campus, such as the school
Dependents of a J-1 exchange visitor are classified as bookstore or cafeteria
J-2 nonimmigrants and are only authorized to work if • At an off-campus location that is educationally
USCIS has issued them an EAD. A J-2 nonimmigrant’s affiliated with the school.
foreign passport and Form I-94/Form I-94A are not
evidence of identity and employment authorization for Employment that does not provide direct services to
purposes of Form I-9. students is not on-campus employment. For example,
an on-campus commercial firm, such as a construction
F-1 and M-1 Nonimmigrant Students company that builds a school building, does not provide
direct student services. Guidelines for on-campus
Foreign students pursuing academic studies and/ employment are available at ice.gov/sevis/employment.
or language training programs are classified as F-1
nonimmigrants, while foreign students pursuing On-campus employment is limited to 20 hours a
nonacademic or vocational studies are classified as M-1 week when school is in session. An exception to this
nonimmigrants. Designated school officials (DSO) at limitation applies in cases of emergent circumstances
certified schools issue Form I-20, Certificate of Eligibility announced by DHS in a notice published in the Federal
for Nonimmigrant (F-1)/(M-1) Students. Register.

F-1 nonimmigrant foreign students may be eligible to Curricular practical training (CPT) allows students
work under certain conditions. There are several types of to accept paid alternative work/study, internship,
employment authorization for students, including: cooperative education, or any other type of required
• On-campus employment, internship or practicum that is offered by sponsoring
employers through cooperative agreements with the
• Curricular practical training, school. The curricular practical training program must be
• Off-campus employment based on severe economic an integral part of the curriculum of the student’s degree
hardship, program. The DSO must authorize CPT on the student’s
• Employment sponsored by an international Form I-20. The employment end date shown in the
organization, and employment authorization section of the Form I-20
• Optional practical training. should be entered in Section 1 as the date employment
authorization expires.
Foreign students in F-1 nonimmigrant status may work
on campus without the approval of a DSO or USCIS. The following documents establish the student’s identity
and employment authorization for Form I-9 purposes
On-campus employment is authorized until the student and should be entered in Section 2:
completes their course of study. The F-1 nonimmigrant
admission notation on Form I-94/I-94A Arrival List A documents include the combination of:
Departure Record usually states “D/S” indicating
duration of status. The F-1 student’s Form I-20 bears • Unexpired foreign passport;
the latest date they can complete their studies. Enter this • Form I-20 with the DSO endorsement for
date in Section 1 as the date employment authorization employment; and
expires.
• Form I-94/Form I-94A indicating F-1 nonimmigrant
status.
To complete Section 2, the combination of the F-1
student’s unexpired foreign passport and Form I-94/94A Or
Arrival Departure Record indicating F-1 nonimmigrant
status is a List A document for on-campus employment. List B and List C documents. The F-1 student could
Employers are not required to record information from present a List B document (such as a state driver’s

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