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.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.If the document that the employee chooses to present consists of a combination of documents (e.g., foreign passport with Form I-94 indicating the employee’s nonimmigrant classification that is work authorized incident to status for a specific employer), then all documents must be recorded in Section 3. You cannot refuse to hire persons solely because their employment authorization is temporary.The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted.
The employee must present a document of their choice from either List A or List C that shows either an extension of his or her initial employment authorization or new employment authorization.
For more guidance on reverification and F-1 STEM OPT extensions and cap-gap for students, see the Guidance for Completing Form I-9 Handbook (PDF).
Are seasonal workers considered rehires when the seasonal worker has every expectation to return to the job the following season, such as from one holiday season to another?
Employers should continue to maintain and store the completed Form I-9 as if there was no interruption in employment.
Therefore, the employer should conduct any reverification of employment authorization as necessary.