The University of St. Thomas

Filling Out an I-9 Form

Practical Matters

Filling Out an I-9 Form

Purpose
 Employment Eligibility
 Suggestions on How to Complete INS Form I-9
 Updating INS Form I-9
 A Note of Caution
 Failure to Comply with Employment Regulations
 

Purpose
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

This handout is designed for F-1 students. If you are eligible to work and have been hired for a job, you must present certain documents to prove that you are eligible to work. This handout will help you (and your employer) understand what is meant by "employment eligibility verification," and when and how you must complete parts of the verification form.

"All of I-9 form material reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators"

Employment Eligibility Verification
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

Every employer in the United States (including the University of St. Thomas) is required to determine the work eligibility of each new employee. This is done with a document called the "Employment Eligibility Verification" form, INS Form I-9. The purpose of this form is to verify the worker’s identity and to evaluate the employee’s eligibility to work. The I-9 must be completed within three business days of the date you begin employment. Employers should have copies of this form.

Suggestions on How To Complete INS Form I-9
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

Section 1. Employee Information and Verification
 Section 1 is at the top of the form and asks for factual information about you, the new employee. The suggestions below assume that you are on F-1 student status and that you can produce documents which F-1 students normally have or can obtain.

  1. Complete Section I in full.

  2. In the part of this section which asks for your status in this country, you may place a check mark or an "X" in the small square beside "An alien authorized to work until_"

  3. In the blanks beside the small square, you may enter numbers representing the month, day and year until you are authorized to work. In order to determined this date, you may refer to one of the following documents:

  4. INS Form I-20 ID (Student) Copy with Work Authorization. If you have a valid work permission (not a "recommendation") written on the back of your INS Form I-20 ID (Student) Copy, you may enter the expiration date of that authorization.

    Employment Authorization Document (INS Form I-688A or I-688B). If you have this laminated picture identification card (EAD card) issued by INS specifically for work authorization, you may enter the expiration date of that authorization.

    INS Form I-20 ID (Student) Copy without Work Authorization. If your I-20 ID does not have a work authorization written on the back, you may accept only "on-campus" employment and only then if you meet certain eligibility requirements. If you are completing the I-9 for on-campus work, you may enter the date of expected completion of studies found in item #5 of your most recent I-20 ID (Student) Copy. You are authorized to work on campus until the date, provided you maintain lawful F-1 status.

  5. Be sure to sign and date the form in the spaces provided

Section 2. Employer Review and Verification
Your employer is required to complete this section of the I-9 but you must provide certain original documents (not photocopies) in order for it to be properly completed. On the back of the I-9 you will find a list of acceptable documents. Your employer cannot require that you provide any particular documents on this list; you may produce any documents that meet eligibility verification requirements.

While you cannot be required to provide any particular documents, since you are an F-1 student you may, if you wish, present to your employer the same document you used to determined the expiration date of your employment permission in Section 1. If this document was your INS Form I-20 ID (Student) Copy, you could also present your driver’s license or student ID card as identification. Your employer may make photocopies of any documents you present for employment eligibility verification.

Updating INS Form I-9
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

If your current permission to work has an expiration date and if you wish to continue being employed beyond that date, you must apply for an extension of your work permission. Your international student services office can assist you with this process if you are eligible for an extension. You and your employer must then update your original I-9 form. This must be accomplished on or before the date your current employment authorization expires.

A Note of Caution
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

While INS regulations provide a variety of opportunities for you to be employed during your time in F-1 status, working improperly or without authorization is a serious violation of your status. You should therefore consult with your international student adviser before taking up any employment.

Failure to Comply with Employment Regulations
"Reprinted [or adapted] with permission from NAFSA's International Student Handbook (AT&T, 1996). Copyright 1996 NAFSA: Association of International Educators."

It is your responsibility to comply with all immigration regulations that apply to F-1 students. Your international student services office is responsible for advising and counseling you regarding your responsibilities. If you fail to comply with your responsibilities, you may not eligible for benefits normally granted to F-1 students.