Some individuals who present a List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.
Foreign Students in F-1 Nonimmigrant Status Participating in Curricular Practical Training
Curricular practical training allows students to accept paid alternative work/study, internships, cooperative education or any other type of required internship or practicum that employers offer though cooperative agreements with the student’s school. The training must be related to the student’s field of study. A student may begin curricular practical training after the Designated School Official has completed the Form I-20, Certificate of Eligibility for F-1 Students Status endorsement page. The DSO-endorsed Form I-20, Certificate of Eligibility for F-1 Students Status together with the student’s Form I-94/94A indicating F-1 nonimmigrant status is evidence of employment authorization.
For Form I-9 purposes, the combination of the following documents is considered a List A document, evidencing both identity and employment authorization:
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The student’s unexpired foreign passport
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Form I-20 with the Designated School Official’s endorsement for employment on page 3
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A valid Form I-94 or I-94A, Arrival/Departure Report indicating F-1 nonimmigrant status
The employer should record the foreign passport and I-94 numbers in Section 2 under List A of Form I-9. Write the SEVIS number and the program expiration date from Form I-20 in the margin of Form I-9 near Section 2.
J-1 Exchange Visitors
The exchange visitor (J) may work legally in the United States if the work is part of his or her approved program (e.g., J-1 teachers, professors, summer camp counselors, summer work travel, au pairs) or if he or she receives permission to work from the official program sponsor (e.g., J-1 students).
The J-1 exchange visitor receives several documents in connection with their program. For Form I-9 purposes, the combination of the following documents is considered a List A document, evidencing both identity and employment authorization:
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The exchange visitor’s unexpired foreign passport
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Form DS-2019 (J-1 exchange visitors cannot work after the program end date on this form.)
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A valid Form I-94 or I-94A indicating J-1 nonimmigrant status
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A letter or other documentation from the Responsible Officer in the case of a J-1 nonimmigrant student.
The employer should record the foreign passport and I-94 numbers in Section 2 under List A of Form I-9. Write the SEVIS number and the program expiration date from Form DS-2019 in the margin of Form I-9 near Section 2. For J-1 nonimmigrant students, also note the documentation from the Responsible Officer in the margin near Section 2.
