V. Non-U.S. Citizens

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Form I-9s for Non-U.S. Citizens authorized to work can often be confusing with the numerous different statuses and work authorization documents used with the I-9 Process. Use the information below to complete I-9s for Non-U.S. Citizens.

See the below chart matching the Visa types commonly used for work authorization at FSU and the required work authorization documents to be used on their Form I-9.

Common Visa Types: Descriptions - Linked Work Authorization Forms

Status	Description	Work Authorization Forms
F-1 Students	Work authorization based on active student status	Unexpired Foreign Passport + I-94 + I-20(School: FSU)
F-1 CPT	Curricular Practical Training: (additional work authorization with different work restrictions for required work to complete studies)	Unexpired Foreign Passport + I-94 + Page 3 of I-20 (Employer: FSU)
F-1 OPT	Optional Practical Training (post-graduation work authorization with different restrictions for optional training within field of study)	EAD Card
F-1 STEM	17-month extension of OPT program for recipients of Science, Technology, Engineering, and Mathematics degrees.	EAD Card (expired EAD Card + extension application [I-20 by FSU] grants 180 day extension)
J-1 Students	Work authorization based on active student status and requires sponsor letter	Unexpired Foreign Passport + I-94 + DS-2019(School: FSU) for I-9 + Student Sponsor Letter for work authorization
J-1	Exchange Visitors (non-students)	Unexpired Foreign Passport + I-94 + DS-2019(School: FSU)
J-2	J-1 Dependents	EAD Card
H-1B	Professionals	Unexpired Foreign Passport + I-94
O-1	Individual of Extraordinary Ability	Unexpired Foreign Passport + I-94
O-2	Accompanying Workers	Unexpired Foreign Passport + I-94
E-1/E-2	Treaty Traders/Investors	EAD Card
TN	North America Free Trade Agreement (NAFTA) - Canadian and Mexican Citizens may be in this status	Unexpired Foreign Passport + I-94 or List B photo ID with I-94 as List C document listed as "Employment Authorization Document issued by DHS - expires"
TPS	Temporary Protected Status	EAD Card (expired EAD Card with Auto-Extension Federal Register Notice is valid documentation for entire auto-extended period)

Section 1

When completing Section 1, the employee will select their citizenship status. Descriptions of the statuses are outlined below:

1. Applies to Natural and Naturalized Citizens of the United States of America.
2. Applies only to those born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. These employees can present same documents as U.S. Citizens.
3. Applies to individuals who are not U.S. citizens and who reside in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. This term includes conditional residents.
4. Lawful permanent residents must enter their 7 to 9 digit Alien Registration Number or USCIS Number here. The USCIS Number is the same as the A-number without the "A" prefix.
5. Alien status applies to individuals who are not U.S. citizens or nationals of the United States, or a lawful permanent resident, but are authorized to work in the United States. This status applies to those with F-1, J-1, H-1B, etc. visas.
6. Aliens authorized to work should enter their employment authorization expiration date here. In most cases, the employment authorization expiration date is found on the document evidencing the employee's employment authorization, such as I-20 (F-1), DS-2019 (J-1), or I-94 (H-1B, TN, etc.). If your authorization does not expire, as in individuals who are refugees, asylees, and certain citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau, select "N/A."
7. Aliens authorized to work must enter one of the following to complete Section 1:
- a. Alien Registration Number (A-Number/USCIS Number) - Select either Alien Registration Number or USCIS Number from the drop-down menu.
- b. If Alien Registration Number is selected, an "A" will appear before the number entered. Currently, the USCIS number is the same as the Alien Number without the "A" prefix
  
  or
- c. Form 1-94 Admission Number Enter - the 11 digit I-94 Admission Number
  
  or
- d. Foreign Passport Number and the Country of Issuance - Enter the unexpired Foreign Passport Number in this field. Select the country of issuance of the foreign passport you used to enter the United States from the drop-down list provided.

Section 2

F-1 Students (including CPT) and J-1 Students/Exchange Visitors

All F-1 Students and J-1 Exchange Visitors are authorized to work based on an additional document which must be entered on their I-9. Either their I-20 or DS-2019 document information must be shown on the I-9.

A. From the pulldown menu select either "Foreign Passport, I-94/I-94A and I-20" for an F-1 visa or "Foreign Passport, I-94/I-94A and DS-2019" for a J-1 visa. Enter the Issuing Authority, Passport Number, and Expiration Date.
B. I-94 Information
- 1. Auto-populated to "I-94"
- 2. Select "USCIS" or "U.S. Customs and Border Protection." This information can be found at the top of the electronic I-94 printout.
- 3. 11 digit I-94/Admission #
- 4. Select "D/S" check box
C. Work Authorization Document Information (I-20 or DS-2019)
- 1. Auto-populated with "I-20" or "DS-2019"
- 2. Select the appropriate issuing authority, either "U.S. Immigration and Customs Enforcement, "INS," or "U.S. Department of State" This information is located in the upper left corner of the I-20 or DS-2019.
- 3. SEVIS Number ("N number" from top right of form)
- 4. Program End Date ("To" Date)

H-1Bs, TNs, O-1s, and O-2s:

A. "Foreign Passport and I-94/I-94A"
B. Form I-94 (can be attached to their most recent I-797A)
- 1. Auto-populated to "I-94"
- 2. Select either "USCIS" Or U.S. Customs and Border Protection. This information can be found at the top of the electronic I-94 printout.
- 3. 11 digit I-94/Admission #
- 4. Work Authorization Expiration Date from I-94
OR
C. Unexpired Photo ID from the pull down menu for List B

AND
D. Employment Authorization Document issued by DHS from pull down menu for List C.
- Form I-94/I-94A indicating admission in H-1B or TN status is an acceptable document

Porting H-1B Work Authorization

One with approved H-1B work authorization at another company can work at FSU without an approved I-129 petition for FSU if an I-129 requesting change in employer has been submitted. This process is called "porting." To complete an I-9 for a "porting" H-1B, follow the instructions below.

Once "Foreign Passport and I-94/I-94A" is selected as the List A Document, select the checkbox next to "Employee Qualifies for H-1B Portability." A dialog window will appear asking for the I-129 Petition Filed Date. Enter the date in the box and select the "Proceed" button. A note will be added to the Additional Information Box in Section 2.

A. "Foreign Passport and I-94/I-94A" Enter the Issuing Authority, Passport Number, and Expiration Date.
B. Form I-94 (can be attached to their most recent I-797A) OR
- 1. Auto-populated to "I-94"
- 2. Select either "USCIS" Or U.S. Customs and Border Protection. This information can be found at the top of the electronic I-94 printout.
- 3. 11 digit I-94/Admission #
- 4. Work Authorization Expiration Date from I-94
C. Unexpired Photo ID from the pull down menu for List B

AND
D. Employment Authorization Document from pull down menu for List C.
- Form I-94/I-94A indicating admission in H-1B or TN status is an acceptable.

OPT, STEM, TPS, J-2s, Q-1s, E-1s, and E-2s:

1. Select "Employment Authorization Document (Form 1-766)" from the pull down menu.
2. Auto-populated to "USCIS"
3. 3 letters and 10 numbers (not 9 digits USCIS #). See Sample Documents Page.
4. Expiration Date

Permanent Residents:

A. Permanent Resident Card
- 1. Choose the appropriate document from the list provided in the pull down menu.
- 2. Select either USCIS or INS from the Issuing Authority pull down menu.
- 3. Document number is the second set of 3 letters and 10 numbers on back of card (not 9 digit USCIS #). See Sample Documents Page.
- 4. Expiration Date
  
  OR
B. Select a photo ID from the List B pull down menu

OR
C. AND Select employment authorization document from the List C pull down menu
- If a Social Security card is used, it must not have a restriction stamp

Asylees:

A. "Foreign Passport and I-94/I-94A" Enter the Issuing Authority, Passport Number, and Expiration Date.
B. Form I-94 (can be attached to their most recent I-797A)
- 1. Auto-populated to "I-94"
- 2. Select either "USCIS" Or "U.S. Customs and Border Protection." This information can be found at the top of the electronic I-94 printout.
- 3. 11 digit I-94/Admission #
- 4. Work Authorization Expiration Date from I-94
  
  OR
A. Select "Employment Authorization Document (Form 1-766)" from the pull down menu.
- 2. Issuing Authority: Auto-populated to "USCIS"
- 3. Document Number: 3 letters and 10 numbers (not 9 digits USCIS #). See Sample Documents Page.
- 4. Expiration Date
  - While Asylees have unlimited work authorization, EAD Cards do expire and if used on the I-9, Reverifications will be required.
OR
C. One Document from List B (which shows identity authorization only) List B document must have a photo. The checkbox must be selected to confirm the document contains a valid photo

OR
D. Select employment authorization document from the List C pull down menu. If a Social Security card is used, it must not have a restriction stamp

Refugees:

Refugees can present the Form I-94 containing an unexpired refugee admission stamp as a receipt proving work authorization and identity for 90 days. Upon 90 days, the original documents listed below must be presented.

A. Select "Employment Authorization Document (Form 1-766)" from the pull down menu.
- 2. Issuing Authority: Auto-populated to "USCIS"
- 3. Document Number: 3 letters and 10 numbers (not 9 digits USCIS #). See Sample Documents Page.
- 4. Expiration Date
  - While Refugees have unlimited work authorization, EAD Cards do expire and if used on the I-9, Reverifications will be required.
OR
C. One Document from List B (which shows identity authorization only) List B document must have a photo. The checkbox must be selected to confirm the document contains a valid photo

AND
D. Select employment authorization document from the List C pull down menu. If a Social Security card is used, it must not have a restriction stamp

TPS with expired EAD Card and Auto-Extension Federal Register Notice:

Those in Temporary Protected Status (TPS) are issued EAD Cards; however, those from certain countries may have their work authorization automatically extended if they hold the most recently issued EAD Card. To complete a new Form I-9 for those with a currently expired EAD Card, follow the instructions below.

Section 1:
- Employee selects "alien authorized to work..." and enters the auto-extended date from the Federal Register Notice as the "work until" date.
- Employee enters Alien/USCIS #
Section 2:
- Select "Unexpired Employment Auth Document issued by DHS w/ Photo (I-766)".
- Enter the EAD Card info with the expiration date from the Federal Register Notice
- To ensure the correct document numbers are used, please go to the "List of Sample Documents" page to find the necessary information for each document.

Procedure for those without Social Security Numbers

If the employee does not have their Social Security Number yet, they can still complete the I-9 Form. However, their Social Security Number is still required on the I-9 to be sent to E-Verify.

A Non-Resident Alien is required to have the Application for Social Security Number completed by their department prior to being able to apply for a Social Security Number. This form will be needed to apply for their Social Security Card. It will usually take 10 days for their Social Security Card to be mailed to them. Upon retrieval of their Social Security Card, they must meet with their departmental representative who completed their I-9 so they can update the I-9 with their SSN, have it submitted to E-Verify, and have a copy submitted to HR for their personnel file.

Social Security Cards with restriction stamps such as "Valid for Work only..." stamps are invalid List C documents. If an employee has this restriction stamp on their Social Security card, they must present List A documentation for Section 2.

I-9 Instructions for those without Social Security Numbers:

Employee completes Section 1.
- In the Social Security Number Box, check the "Awaiting Issuance of SSN" checkbox.
Employee signs Section 1.
Complete Section 2
Sign Section 2.
Select "Mark Complete".
DO NOT select "Approve This I-9."
- Approving the I-9 would lock it and prevent further edits.
- The Form I-9 will appear in the "Top I-9s Needing Approval" Dashboard.
Wait until the employee receives their SSN.
Once the employee receives their number they will need to visit the departmental representative who completed their I-9 to update the form.
- If the I-9 is accidently approved, contact the I-9 Administrator in HR with the employee's SSN and email address so the I-9 can be amended and an approval request email sent to the employee.
Search for the employee's pending I-9 using the Employees or I-9 Forms tab on the left side of the page.
Go to their I-9 Page.
- View "All Panels".
  - On the I-9 Overview Page, scroll your mouse over the sideways "View" bar at the top left of the page underneath "I-9 Overview" and select "All Panels."
  - Select "View Section 1."
  - The employee will select "Edit Section 1" on the bottom left of Section 1.
  - Enter their Social Security Number.
  - The employee will re-sign Section 1.
Select "Mark Complete".
Select "Approve this I-9"
Interact with E-Verify according to the E-Verify Page of this website.
Close the E-Verify Case.

I-94 Retrieval

The I-94 Printout is required for both the Form I-9 and with the employee's new hire packet that is sent to HR. I-94s issued through sea and air ports must be retrieved from the U.S. Customs and Border Protection (CBP) website linked below.

https://i94.cbp.dhs.gov/I94/#/home