I-9 Employment Authorization Requirements

New Hire

Employee will complete Section 1, and Payroll Services Rep will complete Section 2 of form I-9. An employer cannot compel an employee to show specific documents when completing the I-9 Employment Eligibility Verification form, however, following is a list of documents for certain visa types that will satisfy both the identity and employment authorization requirements of the I-9 regulation.

International student and nonstudent employees can complete their I-9 and tax documents at Payroll Services in the West Bank Office building.

If they don't already have a social security number, the international employees should apply for a number with the Social Security Administration before completing the I-9 process at the Job Center or Payroll Services. See Social Security Number Requirements for more information about applying for a social security number.

F-1 Student

• Valid, unexpired passport (If from Canada, a drivers license is acceptable)
• I-94

• I-20 stamped by Immigration & issued for U of M, or:

  1. I-20 indicating transfer to U of M (If ISSS sign-off date is within 15 days of semester begin date, then semester start date can be employment date), or
  2. I-20 indicating "curricular practical training" shown on back of I-20.
  3. Optional or post-completion practical training shown on USCIS (U.S. Citizenship and Immigration Services) issued I-766 or I-688B card (passport and I-94 not required with I-688B, or I-766 EAD card)
  4. USCIS issued I-688B card with no restrictions. (passport and I-94 not required with I-688B or I-766 EAD card)

J-1 Student or Scholar

• Valid, unexpired passport (If from Canada, a drivers license is acceptable)
• I-94

• DS-2019 stamped by Immigration & issued for U of M, or:

  1. DS-2019 indicating sponsorship transferred to U of M. Sign off dates MUST be prior to effective begin date of DS-2019.
  2. DS-2019, issued from University or Minnesota or another institution, indicating academic training has been granted. MUST be accompanied by a letter from the sponsor

H-1B Temporary Professional

New to H-1b status:

1. Valid, unexpired passport, I-94, and
2. Approval Letter showing U of M as petitioner (employer).

Current H-1b changing employer to U of M:

1. Valid, unexpired passport, I-94 for current employer, and
2. Receipt from Immigration showing application for employer change to U of M.
3. When Immigration approval letter with U of M as petitioner is received, the alien must return to Payroll Services to show the approval letter for I-9 purposes.

TN - Trade NAFTA Visa Holder

From Canada:

1. Identity document (e.g., Driver's License, Valid, unexpired Passport)
2. I-94, and Invitation Letter from U of M.

From Mexico:

1. Valid, unexpired Passport
2. I-94, and Invitation Letter from U of M

J-2 Visa Holder, other employment authorization & Immigrant or Permanent Residence Status

J-2 and other employment authorization (e.g., Residency pending or application for Asylum):

• Immigration issued I-688B card

Immigrant (Resident alien):

• Alien Registration card (I-551, Green card),
• Passport with Stamp "Processed for Temporary Evidence of Lawful Admission for Permanent Residence, Valid Until _________(date) employment authorized", or
• Identity document (e.g., drivers license) and unrestricted Social Security card.

Extensions & Changes in Status

How the original I-9 was completed will determine how the Payroll Services/Job Center Representative and Coordinate campuses completes the Online I-9 reverification. If the original I-9 was completed prior to the Online I-9 system (before May 18, 2009), then follow these simple instructions when verifying current employees’ extensions and changes in status:

• Current employee Reverification – Original Prior to Online System (pdf)

If the original I-9 was completed using the Online I-9 system, the Payroll Services/Job Center Representative and Coordinate campuses will follow the Reverification Due instructions on the Online I-9 system:

• Reverification Due – Online I-9 System (pdf)

The documentation for the extension or change in status is explained below.

Passport

• A passport that is allowed to expire, or lapse, will not affect the person's employment eligibility for I-9 purposes. This information will be used to update PeopleSoft only and will not cause the person's I-9 status to expire.

DS-2019

• Employment expires when DS-2019 expires.
• If extended prior to expiration date, then there is no break in service.
• If extended after the current DS-2019 expiration date, the start date becomes the date the sponsor signed off on the form, not the begin date of the new DS-2019.

I-20

• If the expected date to complete studies has expired, must be issued new I-20 to continue employment.

• Receiving Practical Training:

  • If curricular, noted on back of 1-20.
  • If Optional, will show recommendation on back of I20, but receive EAD card (either I-766 or I-688b card) from Immigration approving work authorization.

H-1B

• If extension application sent to Immigration prior to H-1b expiration, with receipt from Immigration, can remain on Payroll for 120 days, pending Immigration approval.
• Must come back to Payroll when Notice of Approval is received.
• If change in status to H-1b (e.g., F-1 Student to H-1b visa holder), must show both Approval Notice (I-757), and I-94 (attached to approval). If Immigration does not approve the change in status to H-1b by the expiration date of the current status, there will be a break in service pending the H-1b approval.
• If change in status to Permanent Resident , need documentation showing permanent residency has been granted (Alien Registration card, Temporary Evidence stamped in passport).

Other Employment Authorization Extension:

• J-2 extension of employment dates with I-688B card - must present Immigration extended EAD card (I-688B) to continue to be employment authorized. There is no grace period.
• I-688B Employment Authorization (e.g., Residency Pending, application for Asylum) - same rules as for J-2 extension.

For more detailed information on work options, see International Student and Scholar Services.

For I-9 questions or more detailed information, contact I-9@umn.edu.