For additional information on continuing employment, refer to the M-274 (PDF) Part Two, Completing Section 3.When a foreign national employee provides a List A document that includes a foreign passport, an I-94, and I-20, should/could we re-verify using more than one document under Section 3 or just one document at a time?To continue to employ an individual whose employment authorization has expired, you will need to reverify him or her in Section 3 of Form I-9.
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Therefore, the employer should conduct any reverification of employment authorization as necessary.
If the employer determines that the employee was terminated and is now rehired, and the rehire occurs within three years from the date the previous Form I-9 was completed, the employer may complete a new Form I-9 or rely on the previously completed Form I-9.
If an application for a 7-month STEM OPT extension is approved, USCIS will issue an Employment Authorization Document (EAD) with a validity period that starts on the day after the expiration date listed on the 17-month STEM OPT EAD.
For uninterrupted employment, the employer should complete Section 3 and use the student’s new EAD (granting the additional 7-month STEM OPT extension) to complete Section 3 of Form I-9 no later than the date that employment authorization expires.
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The student’s expired OPT EAD, together with an endorsed Form I-20, are considered an acceptable List A documents for a student who is participating in OPT and whose F-1 status and employment authorization have been automatically extended as a result of a timely filed H-1B change of status petition (cap-gap).
An expired OPT EAD with an endorsed Form I-20 is also an acceptable List A document in the case of the F-1 OPT student with a pending STEM extension application.
No, Form I-94 and Form I-20 do not establish employment authorization for reverification in the case of F-1 students seeking employment under optional practical training (OPT), STEM OPT extension, or off-campus employment based on severe economic hardship.