A refugee may use his or her unexpired Form I-94 as a receipt for a document establishing both employment authorization and identity for 90 days.

A refugee's electronic Form I-94 contains the admission code of 'RE' and a paper Form I-94 has a refugee admission stamp. DHS provides refugees electronic or paper Forms I-94, Arrival-Departure Record, as evidence of their status and employment authorization. When a foreign national employee provides a List A document that includes a foreign passport, an I-94, and I-20, should/could we re-verify using more than one document under Section 3 or just one document at a time?Ī refugee may choose to present any applicable documents from the Lists of Acceptable Documents. The student is authorized to work until USCIS makes a decision on his or her application, but not more than 180 days from the date of the initial OPT EAD expiration date.įor 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). The student’s expired OPT EAD, together with an endorsed Form I-20, are considered an acceptable List A documents for a student who is participating in OPT and whose F-1 status and employment authorization have been automatically extended as a result of a timely filed H-1B change of status petition (cap-gap).Īn expired OPT EAD with an endorsed Form I-20 is also an acceptable List A document in the case of the F-1 OPT student with a pending STEM extension application. If employment authorization is granted in these cases, USCIS issues an Employment Authorization Document (EAD) as evidence of employment authorization. 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.

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