Academic Personnel

USCIS Form I-9, Employment Eligibility Verification

Within 3 business days of the employment start date, all employees, citizens and non-citizens alike, must complete the Employment Eligibility Verification Form I-9.

Note: The Department of Homeland Security (DHS) has relaxed rules regarding the physical presence requirements associated with Form I-9 due to precautions associated with COVID-19. Visit UW HR’s I-9 Completion Requirements Change page for details.

It may be necessary to wait until the international employee has arrived in the U.S., and has received the I-94 arrival/departure card documenting their status, to correctly complete the I-9. See the Integrated Service Center (ISC) Complete Form I-9 User Guide for support.

Expirations and extensions of visa status

Unlike the USCIS I-9 form for a U.S. citizen, an I-9 form for a nonresident alien has an expiration. When a nonresident’s visa is extended, International Scholars Operations (ISO) does not forward this information directly to the ISC. I-9 coordinators must re-verify employment eligibility of their employees by updating the I-9 on or before the expiration date recorded in Section 1. Updating or completing a new I-9 is the mechanism by which the ISC is notified of an employee’s extended visa status and employment authorization.

UW Integrated Service Center notifications

Beginning 120 days prior to the expiration of an employee’s work authorization as recorded on the USCIS Form I-9, the ISC begins sending monthly notices to the employee and the department I-9 coordinator.

Documenting a pending extension

Employees in H-1B or TN status may continue employment for a period not to exceed 240 days beyond the expiration of their current stay while the application for extension of their current visa status is pending, provided that the extension petition was filed with USCIS before the current H-1B or TN status expires. The I-797C “Receipt Notice” can be used as evidence of timely filing. Follow instructions from the ISC to update the I-9 to reflect timely filing of an extension. The unit should update the I-9 Form again as soon as the I-797A “Approval Notice” is received.

H-1B portability

Under H-1B portability provisions, nonimmigrants in H-1B status can move from their current employer to the UW as soon as UW files an H-1B petition with USCIS. The I-797C receipt notice can be used as evidence of filing. Follow instructions from the ISC to complete an I-9 under these circumstances. As soon as the I-797 Approval Notice for the UW petition is received, the I-9 should be updated again.

For more information contact the ISC.