ASL – Political Asylum and Refugees

Asylum may be granted to people who are already in the United States and are unable to return to their home country because of persecution or a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group or political opinion. Asylum applicants cannot apply for permission to work (employment authorization) in the United States at the same time they apply for asylum. If granted asylum, the applicant may work immediately. Some asylees choose to obtain Employment Authorization Documents (EAD) for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original documents:

• I-94 Form or I-94A with a stamp or notation indicating asylee status (considered List C)
• List B Identity document
• Employment Authorization Document or I766 Form – not all asylum’s have an EAD

Other documents required for employment eligibility with a Political Asylum

• Instructions for completing form W-4 and certification
• Foreign National Information Form (Section 11 must be completed)

DACA – Deferred Action for Childhood Arrivals

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original document:

• Employment Authorization Document (EAD)

Other documents required for employment eligibility with an EAD:

• Passport
• Visa
• I-94 Form
• I-20, DS2019 or I-797 Form
• Foreign National Information Form (Section 11 must be completed)

Reverification

The following documents satisfy the I-9 reverification:

• Employment Authorization Document (EAD)
• I-797 Notice of Approval
• Foreign National Information Form (Section 11 must be completed)

EA – Employment Authorization

The Employment Authorization Document (EAD) can be granted to individuals who are temporarily in the United States and eligible to work without restrictions in the United States. In most cases they are granted for a one year period.

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original document:

• Employment Authorization Document (EAD)

Other documents required for employment eligibility with an EAD:

• I-94 Form
• I-797 Notice of Approval
• Unexpired foreign passport
• Visa
• Instructions for completing form W-4 and certification
• Foreign National Information Form (Section 11 must be completed)

Reverification

The following documents satisfy the I-9 reverification

• Employment Authorization Document (EAD)
• I-797 Notice of Approval
• Foreign National Information Form (Section 11 must be completed)

CPT – Curricular Practical Training

Curricular Practical Training (CPT) must be “an integral part of an established curriculum.” CPT can be defined as “alternate work/study, internship, cooperative education, or any other type of required internship or workshop which is offered by sponsoring employers through cooperative agreements with the school.” A student may engage in CPT employment only after they have received the I-20 with CPT authorization from International Student & Scholar Services (ISSS). This work authorization is valid only for the specific employer, location, and time period and on a part-time or full-time basis as approved and recorded by an ISSS advisor as evidenced on your I-20 issued for CPT. During the school year while classes are in session, students can engage in CPT on a part-time basis limited to no more than 20 hours per week. A student can engage in full-time CPT during official university breaks and vacation.

I-9 Eligibility Requirements

An F1 visa holder with an approved CPT satisfies I-9 requirements by providing the following original documents:

• Unexpired foreign passport
• I-94 Form
• I-20 Form issued by FIU, with CPT authorization identified on Page 3

Other documents required for an F1 student with approved CPT employment eligibility:

• F1 visa
• Instructions for completing form W-4 and certification
• Foreign National Information Form (Section 11 must be completed)

H-1B – Distinguished Temporary Worker

Employees on H-1B’s must be sponsored by FIU in order to work for the university. An individual with an H-1B from another institution is eligible for employment at FIU only if FIU has petitioned for an H-1B visa on the individual’s behalf. A receipt (with tracking number), showing that the request was received by the appropriate agency is required in order for the individual to begin employment.

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original documents:

• Unexpired foreign passport
• I-94 Form
• I-797 Notice of Approval

Other documents required for an individual with an approved H-1B employment eligibility:

• Foreign National Information Form (Section 11 must be completed)

240-Day Rule: For an H-1B employee to continue working at FIU beyond the expiration of their current H-1B status, which is indicated by their I-94/I-94A, a request for an extension of stay must be filed before their H-1B status expires. Once the submission of the timely filed petition has been submitted to USCIS, the employee is authorized to continue working while the petition is being processed for a period not to exceed 240 days or until USCIS denies the petition, whichever comes first.

Reverification

The following documents satisfy the I-9 reverification:

• I-797 Notice of Approval
• I-94 Form
• Unexpired foreign passport
• Foreign National Information Form (Section 11 must be completed)

J-1 – Exchange Visitors

The J-1 visa provides authorization to those intended to partake in an approved program for the purpose of teaching, lecturing, observing, consulting, conducting research, demonstrating special skills, receiving training, or receiving graduate medical education or training. The Department of State designates public and private organizations to act as exchange sponsors to promote the interchange of persons, knowledge, and skills, in the field of education, arts, and science. J-1 exchange visitors cannot participate in any clinical work. Their activities must consist of research only and not with patients.

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original documents:

• Unexpired foreign passport
• I-94 Form
• DS-2019 Form

Other documents required for an individual with an approved J-1 employment eligibility:

• Foreign National Information Form (Section 11 must be completed)
• Instructions for completing form W-4 and certification

Reverification

The following documents satisfy the I-9 reverification:

• Unexpired foreign passport
• I-94 Form
• DS-2019 Form
• On-Campus Employment Form if employed as a student
• J-1 visa
• Foreign National Information Form (Section 11 must be completed)

Permanent Resident

Permanent residence grants authorization to live and work in the United States on a permanent basis. A permanent resident can receive Form I-551/Permanent Resident Card/Green Card that is valid for two years (with conditions), or with an expiration of 10 years or with no expiration date. A lawful permanent resident can choose to present a valid Form I-551/Permanent Resident Card for the I-9, but they are not required to do so. They can choose to present valid documents for the List B and List C combination. Permanent Resident Cards presented with either an expiration date or no expiration date are List A documents that should not be re-verified.

*If you are updating from a visa to a permanent resident, a reverification is required.*

Reverification

The following documents satisfy the I-9 reverification:

• Permanent Resident Card

TN – NAFTA Professionals

The TN visa permits eligible Canadian and Mexican citizens to seek admission into the United States as a TN nonimmigrant. The period of stay is up to three years unless an extension is requested. The visas are classified below to distinguish the country.

• TN1 – Canadian (do not get visa stamp)
• TN2 – Mexican

I-9 Eligibility Requirements

The employee satisfies I-9 requirements by providing the following original documents:

• Unexpired foreign passport
• I-94 card with TN notation and D/S (Duration of Status) and
• I-797 Notice of Approval (not required for Canadian citizens)

Other documents required for an individual with an approved TN employment eligibility:

• Visa
• Foreign National Information Form (Section 11 must be completed)

Reverification

The following documents satisfy the I-9 reverification:

• I-94 Form
• I-797 Notice of Approval
• Unexpired foreign passport
• Foreign National Information Form (Section 11 must be completed)