How will employers who hire H-1B aliens using the portability provisions comply with their I-9 requirements?
A12: Current regulations at 8 C.F.R. 274A.12(b)(20) authorize employment with the existing employer after a request for extension of H-1B status is filed. The alien in this case is employment authorized but the I-9 form contains no provision for this authorization. Employers should follow the documentation procedures they currently use for an extension of this sort. Typically, this could involve attaching a copy of the receipt notice for the filed petition along with a copy of the alien’s I-94 to the I-9 kept on file.
Related Questions
- How will employers demonstrate I-9 compliance for H-1B aliens granted extensions beyond the six-year period in INA 214(g)(4)?
- How will employers who hire H-1B aliens using the portability provisions comply with their I-9 requirements?
- When do employers have to comply with the new automatic enrollment requirements in section 18A of the FLSA?
