Form I-9, Employment Eligibility Verification, is a mandatory document for all U.S. employers, including those hiring CPT and OPT students. While many employers are familiar with the general process of completing Form I-9, specific considerations apply to international students.
This blog post provides a clear understanding of Form I-9 requirements for CPT and OPT students, ensuring compliance with immigration regulations.

Curricular Practical Training (CPT)

F-1 nonimmigrant students may begin Curricular Practical Training (CPT) after receiving authorization from their Designated School Official (DSO), documented on the student’s Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. CPT encompasses alternative work/study programs, internships, cooperative education, or other types of required practicums offered by employers through agreements with the student’s school. It must be an integral part of the student’s established curriculum.
CPT can be part-time or full-time; however, working full-time for 12 months or more in CPT may make the student ineligible for Optional Practical Training (OPT).

Optional Practical Training (OPT)

Optional Practical Training offers F-1 students an opportunity to gain work experience directly related to their major field of study. To participate in OPT, F-1 students must first obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). Students are not permitted to begin employment until the start date specified on their EAD.
While still enrolled in school, an F-1 student authorized for OPT may work:

• Up to 20 hours per week while school is in session.
• Full-time during the student’s annual vacation or when school is not in session.
• After completing their course of study, an F-1 student can be authorized for up to 12 months of full-time OPT. Certain F-1 students may qualify for an extension of their OPT, and are eligible for an additional 24 months of work authorization.

STEM OPT Extension

STEM OPT stands for "Science, Technology, Engineering, and Mathematics Optional Practical Training." The program allows international students who obtained their degrees in STEM fields from U.S. colleges and universities to work in the United States.
To qualify for the STEM OPT, students must:

• Hold a degree in an eligible STEM field from a U.S. institution accredited by the Student and Exchange Visitor Program (SEVP).
• Have a job offer from an employer enrolled in the E-Verify program.
• Have a formal training plan the employer provides, designed to enhance the students' knowledge and skills in their field.

F-1 students who have earned a bachelor’s, master’s, or doctoral degree in a STEM field from a SEVP-certified school may apply for a 24-month extension of their OPT while in their post-completion OPT period. STEM OPT participants must be employed by an employer that is enrolled and in good standing with E-Verify, the electronic employment verification system managed by USCIS. Although students may change employers during their STEM OPT period, any new employer must also be enrolled in and compliant with E-Verify before the student begins work.
Employment Authorization Documents issued to STEM OPT students are marked with the notation “STU: STEM OPT ONLY”.

Form I-9 for CPT/ OPT: FAQs

• Which supporting documents should be collected for CPT employees? CPT work authorization is typically documented through the student’s Form I-20, endorsed by their Designated School Official (DSO), and their employment authorization can be verified via a job offer letter.

• Which document is considered the work authorization for OPT employees? For OPT, work authorization is typically documented by the Employment Authorization Document, which the student must present.

• Do I need to complete I-9s for interns? Even for interns, an I-9 form may be required if the internship provides any compensation (such as stipends) or other benefits that could be considered payment for services. Unremunerated interns/student trainees are not required to complete an I-9 form.

Completing the I-9 Form for CPT & OPT Students

The form consists of these sections:

• Section 1: Employee Information
• Section 2: Employee Attestation
• Supplement A: Preparer and/or Translator Certification for Section 1 (Optional)
• Supplement B (formerly Section 3): For rehires or expired work authorization

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Section 1 of Form I-9
The employer is responsible for providing new hires with Section 1 of Form I-9 on their hire date. Alternatively, you may send this section for completion once the new hire accepts the job offer, but not before.
By law, the student employee must complete Section 1 by the end of their first work day. This section requires the employee to provide personal information, including their full legal name (last name, first name, middle initial, and any other last names used), address, and date of birth. The employee must complete this section accurately to avoid potential violations and penalties.

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Citizenship Status: CPT students
One of the aspects of Section 1 that needs to be clarified is the citizenship status. Students working under an F-1 visa on Curricular Practical Training (CPT) should select “A noncitizen authorized to work until” in Section 1.
The student must then enter the CPT employment end date, as listed in the employment authorization section of their Form I-20, as the expiration date for their work authorization.

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Citizenship Status: OPT students
F-1 students seeking to participate in OPT must obtain an Employment Authorization Document (EAD) from USCIS. This EAD permits them to work in the United States within the specified timeframe.  

• Citizenship Status: Select "A noncitizen authorized to work until" as the citizenship status for OPT students.
• EAD Information: Enter the "Card Expires" date from the EAD in the "Authorized to Work Until" field in Section 1 of Form I-9.

Note: While the temporary rule for automatic extension of EAD validity periods for up to 540 days is currently in place, it’s essential to monitor any changes in immigration regulations that may affect EAD renewal requirements.
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Here’s a table indicating the “Authorized to work until” date and supporting documents based on the employment type

Section 2 of Form I-9

In Section 2 of Form I-9, employers must verify the identity and employment authorization of F-1 student employees. The process differs based on whether the student participates in CPT, OPT, or a STEM OPT extension.

Curricular Practical Training 

For F-1 students on CPT, employers can complete Section 2 by entering either:

• List A document: This includes a combination of:

A foreign passport,

Form I-94 indicating F-1 nonimmigrant status, and

Form I-20 with the DSO’s endorsement for CPT employment.

OR

• List B and List C documents: For example:

A state driver’s license (List B), and

Form I-94 indicating F-1 status, along with an endorsed Form I-20 (List C).

When using List B and List C, ensure the Form I-20 includes the CPT employment authorization details, such as start and end dates, employment type, and employer details. Use the CPT Employment End Date as the expiration date in Section 2.

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Optional Practical Training 

For F-1 students on OPT, the employment authorization is documented with an Employment Authorization Document (EAD). In Section 2:

• Enter the EAD card number and Card expiration date under List A.
• When the EAD expires, employers must reverify the student’s employment authorization using Supplement B (Reverification and Rehire).

STEM OPT Extension

For students on a STEM OPT extension, the required documentation in Section 2 may include:

• An unexpired EAD, or
• An expired EAD along with Form I-20 endorsed by the DSO recommending a STEM extension if the student has timely filed Form I-765 for a new EAD and the application is still pending.

If the student has changed employers, the new Form I-20 must reflect the new employer's information.

When completing Section 2 for a STEM OPT extension:

• Enter the EAD in the Document Title field,
• The EAD number in the Document Number field,
• The expiration date (180 days from the EAD expiration date), and
• In the Additional Information box, note "EAD EXT."

When updating Section 2 for a current employee with a STEM OPT extension:

• Review the Form I-20 endorsed by the DSO recommending the STEM extension.
• Enter "EAD EXT" and the new expiration date (180 days from the original EAD expiration date) in the Additional Information field. For example: "EAD EXT mm/dd/yyyy."
• If the original Form I-9 was completed on an outdated version, transfer the updated information to a new Form I-9, initial and date the entry, and retain both forms.
• Employers must reverify employment authorization before the new expiration date in Section 2.

Cap-Gap Extension

The term “cap-gap” refers to the period between when an F-1 student’s status would ordinarily end and their H-1B status begins. F-1 students who have filed an H-1B petition with an October 1 start date may be eligible for an automatic extension of both F-1 status and, in some cases, employment authorization (OPT) until September 30 of that year.

Types of Cap-Gap Extensions

• F-1 Status Only (No OPT): If a student is in F-1 status but not on OPT when the H-1B petition is filed, they receive an extension of their F-1 status only, without authorization to work. The student can begin work only when the H-1B petition is approved and their H-1B status starts on October 1.
• F-1 Status with OPT: If a student is in F-1 status and currently participating in post-completion OPT, they will receive an automatic extension of both their F-1 status and OPT work authorization through September 30, provided the H-1B petition is pending or approved. The student remains authorized to work as an F-1 student with OPT during this cap-gap period.

Cap-Gap Automatic Extension Requirements

To qualify for the automatic extension of employment authorization during the cap-gap period, the employer must:

• File the H-1B petition on time (while the F-1 student’s status or OPT is still valid), and
• Indicate an employment start date of October 1.
• The expired EAD, when combined with Form I-797C (Notice of Action) confirming the H-1B petition, serves as a valid employment authorization under List A for Form I-9 purposes until September 30.

Form I-9 Updates for Cap-Gap

For a new employee eligible for the cap-gap extension:

In Section 1, the student should select “A noncitizen authorized to work until” and enter September 30 of the filing year as the expiration date.

In Section 2, the employer should:

• Enter "EAD" as the document title,
• Enter the Form I-797C receipt number in the Document Number field,
• Enter "September 30" and the filing year in the Expiration Date field, and
• Add "CAP-GAP" in the Additional Information field.
• For current employees, update Section 2 by entering “CAP-GAP” and the new expiration date (September 30) in the Additional Information field. 
• If the original Form I-9 was completed on an outdated version, this information should be added to a new Form I-9, initialed, dated, and kept with the original.

Note: If the H-1B petition is rejected, denied, or withdrawn, the cap-gap extension and employment authorization are immediately terminated.

Cap-Gap Reverification

If an employee's EAD automatic extension expires on October 1, you must reverify their employment authorization by September 30 of the same year in Supplement B, Reverification and Rehire. Upon approval of the H-1B petition, you will receive a Form I-797 with the employee’s updated Form I-94. To complete reverification, enter the Form I-94 document title, number, and expiration date in a block of Supplement B.

Alternatively, the employee can present any valid document from List A or List C, or an acceptable receipt, as outlined in the Acceptable Receipts section, to confirm their work authorization.

If the original Form I-9 was completed on an outdated version, complete reverification on a new valid version of Form I-9 in Supplement B and retain it with the employee’s original Form I-9.

How does OnBlick help?

Despite decades of use, many employers continue to face challenges in maintaining Form I-9 compliance, often due to the complexity of staying updated with changing regulations or a lack of familiarity with Form I-9 requirements. That’s where expert guidance can make all the difference.

OnBlick’s I-9 Assist offers comprehensive, step-by-step support to streamline the entire Form I-9 process. From sharing Section 1 with new hires, collecting and verifying supporting documents, enabling the alternative procedure (live video verification) to facilitate remote hire verification, and sending timely alerts for expiring documents, OnBlick ensures seamless compliance.

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