Key Takeaways
- F-1 OPT students cannot work without a valid Employment Authorization Document (EAD); delays risk visa revocation or deportation.
- Employers must verify an EAD as a List A document before hiring; violations incur fines up to $28,619.
- OPT participants should apply for an EAD up to 90 days pre-graduation to avoid employment delays or immigration issues.
For international students in the United States on F-1 visas, the transition from academic settings to professional experiences under Optional Practical Training (OPT) brings incredible opportunities along with specific regulatory responsibilities. One critical step in this journey is completing Form I-9, a mandatory employment eligibility verification form, especially for those awaiting their Employment Authorization Document (EAD). This guide provides a detailed explanation of how students pursuing OPT can navigate the I-9 form’s “Authorized to Work Until” field and addresses employer responsibilities to ensure compliance with U.S. regulations.
Understanding Form I-9 and Its Purpose
Form I-9 is a mandatory document that helps establish both the identity and work authorization of individuals hired for employment in the United States. This form is required for all employees, whether U.S. citizens or foreign nationals, and has two primary goals:
1. Verifying the identity of the employee.
2. Confirming the legal authorization to work in the U.S.
Employers are required to complete and retain Form I-9 for each newly hired employee to comply with U.S. law. Notably, this form also assigns employers an important role in periodically re-verifying temporary employment authorization when necessary. Noncompliance with Form I-9 requirements can lead to serious consequences for both employees and employers, including significant financial penalties or legal challenges.
The Role of the “Authorized to Work Until” Field
For individuals on temporary work authorization, such as students under OPT, the “Authorized to Work Until” field in Form I-9 is particularly relevant. This section records the expiration date of an individual’s work permit, helping employers track compliance and prepare for subsequent re-verification as the work authorization nears its expiration.
However, for OPT applicants who have secured jobs but are still waiting for their EAD, this field becomes a significant point of confusion. This is because, without a valid EAD, an OPT student is not authorized to work, meaning they cannot legally complete the “Authorized to Work Until” section of Form I-9 or begin employment. Employers must ensure they only allow such employees to start working once a valid EAD is presented.
The Importance of a Valid EAD for OPT Students
The Employment Authorization Document (EAD) is the main proof of work authorization for OPT participants. Issued by the U.S. Citizenship and Immigration Services (USCIS), the EAD includes essential details such as the start and end dates of the authorized work period. OPT participants cannot engage in employment without first holding a valid EAD in their possession. Attempting to do so constitutes unauthorized work, which can have severe repercussions for students, including visa revocation, deportation, or future ineligibility for U.S. visas.
From an employer’s perspective, knowingly hiring an employee without proper authorization can result in legal actions and steep fines. As of 2025, violations of I-9 requirements can lead to penalties ranging from $288 to $28,619 per violation, depending on the severity and frequency of such breaches.
Completing the I-9 Form Correctly
1. Section 1: Employee Information and Attestation
OPT applicants should select “A noncitizen authorized to work until” when completing section 1 of Form I-9. However, the critical point here is that they must provide the expiration date as indicated on their EAD. If the EAD has not yet been issued, this section cannot be completed. In practical terms, this means that without the EAD, the OPT applicant is not yet authorized to work and cannot legally begin filling out this part of the I-9 form.
2. Section 2: Employer Review and Verification
Employers must examine the original documents presented by the employee that establish both their identity and eligibility to work in the U.S. A valid EAD serves as a List A document for I-9 verification purposes, fulfilling both requirements simultaneously. If an OPT applicant does not have their EAD in hand, employers must postpone their start date until the document is available. Precaution and adherence to this regulation can protect both the employer and the student worker from penalties.
Typical Challenges for OPT Applicants Without an EAD
Processing delays for EAD issuance by USCIS can create added stress for OPT applicants and their prospective employers. While students are allowed to apply for an EAD up to 90 days before completing their academic courses, any unexpected delays can push back their employment start dates. It is essential to note that no current U.S. regulation allows OPT students to work before receiving their EAD. Even unpaid or volunteer work could jeopardize their immigration status if seen as unauthorized employment.
For employers, balancing regulatory compliance with operational needs during such a waiting period is crucial. Under no circumstances should employers overlook this requirement; failing to abide by the rules exposes them to the risk of audits, monetary fines, and even criminal charges in extreme cases of intentional noncompliance.
Distinguishing Factors: Policies and Recent Updates
In recent policy updates from December 2024, the Department of Homeland Security (DHS) introduced an 18-month automatic work authorization extension for certain categories of workers awaiting renewal of expired permits. However, F-1 students under OPT are not included in this provision. This reinforces the importance of applying for an EAD early during the OPT application process to avoid disruptions.
Recommendations for Employers
- Compliance Above All: Ensure that HR personnel are well-informed about I-9 compliance. Encourage them to thoroughly monitor work authorization expiry dates and establish systems for timely re-verification.
- Clear Communication: Be transparent with OPT applicants during recruitment about the necessity of an EAD for starting work. Be prepared to adjust job start dates in case EAD delivery is delayed.
- Avoid Risks: Do not, under any circumstance, allow employees to start working without verifying a valid EAD.
Tips for OPT Applicants
- File Your EAD Application Early: To minimize delays, submit your EAD application as soon as USCIS accepts it—up to 90 days before your academic program ends.
- Stay Current with Application Status: Frequently check the progress of your EAD application and address any Requests for Evidence (RFEs) promptly to avoid processing interruptions.
- Effective Employer Communication: Discuss your OPT start dates with your employer, informing them of potential delays with EAD issuance to manage expectations.
Building a Culture of Compliance
Compliance with Form I-9 regulations protects not only organizations from penalties but also safeguards the immigration status and professional futures of international workers. High-profile cases in recent history show that government audits and employer penalties are no longer rare occurrences. As the U.S. workforce becomes increasingly global, the need for meticulous adherence to I-9 requirements and employment authorization laws has only grown.
Conclusion
For OPT students, completing the I-9 form correctly and abiding by work authorization timelines is fundamental to maintaining their legal status in the United States. Employers, too, play a key role in enforcing compliance, ensuring they observe immigration laws by requiring a valid EAD before hiring any OPT applicant. While the path may involve certain challenges, proactive planning, proper communication, and adherence to U.S. regulations can help all parties successfully navigate this critical process.
For further details about the I-9 requirements and employment authorization processes, you can visit the official US Citizenship and Immigration Services (USCIS) I-9 page. As VisaVerge.com highlights in its analyses, staying informed and following established procedures is the best strategy for navigating the complexities of Form I-9 and employment authorization in the U.S.
Learn Today
F-1 Visa → A nonimmigrant visa for international students pursuing full-time academic studies at an approved U.S. educational institution.
Optional Practical Training (OPT) → Temporary employment directly related to a student’s major field of study, permitted for F-1 visa holders.
Employment Authorization Document (EAD) → A card issued by USCIS granting temporary permission to work in the U.S. for specific purposes.
Form I-9 → A mandatory form verifying the identity and legal work authorization of individuals employed in the United States.
Unauthorized Employment → Any work performed in the U.S. without proper authorization, which can lead to visa revocation or legal consequences.
This Article in a Nutshell
Navigating Form I-9 is crucial for OPT students in the U.S. Without a valid Employment Authorization Document (EAD), work cannot legally commence. Employers must verify EADs to ensure compliance, avoiding hefty fines or legal issues. Planning ahead, applying early, and clear communication between students and employers simplify this process, fostering a compliant, successful transition.
— By VisaVerge.com
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