Form I-9

Electronic Form I-9 Process for International Duke Employees for Duke University, Medical Center, and Hospitals

DO NOT complete Section 1 of the Form I-9 if you are not physically in the U.S. You will not have the I-94 information and we will not be able to process the Form I-9.

After you enter the U.S. and complete section 1 of the Form I-9, bring your visa documents to the Duke Visa Services office between 9:00am and 4:30pm, Monday through Friday.

We are not open on weekends or holidays.

Electronic I-9 Process for Non-Citizen Duke Employees

These instructions are designed for all non-citizen Duke employees. United States citizen, Permanent Resident, refugee, and political asylee employees I-9s are processed by the hiring department. All other non-citizen visa categories are processed by Duke Visa Services.

The hiring department payroll administrator will send you an email which includes Section 1 of the electronic I-9 weblink. Duke Visa Services will process Section II of the electronic I-9. You must complete and submit Section 1 of the I-9 before Duke Visa Services can complete Section 2. If you have access to a computer, you can complete Section 1 before visiting our office. If you do not have access to a computer, we will have a limited number of computers available to employees in our office.

In order to complete the I-9, you should have available any documents verifying your identity, visa classification and employment authorization. Some visa classifications allow employment incident to status while others are issued for the expressed purpose of employment in the United States. If you are concerned as to whether or not your visa classification allows employment in the United States, please contact Duke Visa Services at 919-681-8472 or VisaHelp@duke.edu. A Visa Services Advisor will assist you.

The following information will assist you in completing Section 1 of the I-9.

Form I-9 Section 1: Employee Information and Attestation

Your Name

Your name should be printed as it appears on your passport.

The Last Name is the family or surname. If you have 2 last names, you should enter both last names as they appear on your visa documents or passport. DO NOT pick one name as the last name.
The First Name is the given name.
The Maiden Name usually applies to a woman's last name before marriage. Non-citizens may keep their last names before marriage but should not enter the last name in the Maiden Name space.

Your Address

Please print a United States address. If you have just arrived and do not have a permanent address, print the address where you are currently residing in the United States. Do not use an overseas address. If you are outside the United States when you receive the electronic I-9, do not complete it until AFTER you have entered the United States. Key information will not be available to you until after you have legally entered through a United States port of entry.

Your Social Security Number

Generally, only non-citizens authorized to work in the United States by the Department of Homeland Security (DHS) can receive a Social Security number. Social Security numbers are used to report an individual's wages to the government and to determine a person's eligibility for Social Security benefits. You need a Social Security number to work, collect Social Security benefits and receive some other government services.

If you do not have a social security number, you can check the Applied for circle if you have not yet applied but intend to apply for the number. F-1 and J-1 students and scholars will require an additional letter from the Duke Visa Services Office to request this number from the Social Security Administration.

After you receive the Social Security number card, present it to the payroll administrator in your work department.

Your Immigration Status

You must attest to your citizenship or immigration status by checking one of the appropriate boxes:

A Citizen of the United States

Persons born in the United States, certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; or had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements. You can also acquire citizenship through the naturalization process.

A Non-Citizen National of the United States

Persons who owe permanent allegiance to the United States, which include those born in American Samoa, including Swains Island.

A Lawful Permanent Resident (Alien Registration Number/USCIS Number)

Persons who have been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or political asylee status or other humanitarian programs. The Alien # is the USCIS# on the permanent resident or "Green Card".

An Alien Authorized to Work

Persons (Non-citizens) authorized to accept employment incident to or per visa classification. The alien number is the USCIS number on the I-766 Employment Authorization Document (EAD). The Admission # can be found on the I-94 card (white card received at the U.S. port of entry). Non-Citizens designated as political asylees and refugees should note the instructions from the USCIS I-9 manual:

Refugees
Upon admission to the United States, a refugee will receive Form I-94/Form I-94A with an unexpired refugee admission stamp If an employee presents this document to complete Form I-9, the employer must accept it as a receipt establishing both employment authorization and identity for 90 days In the meantime, USCIS will be processing an Employment Authorization Document (Form I-766) for the refugee.

At the end of the 90-day receipt period, the refugee must present either an Employment Authorization Document (Form I-766) or a document from List B, such as a State-issued driver’s license, with a document from List C, such as an unrestricted Social Security card.

Asylees
After being granted asylum in the United States, the asylee will receive a Form I-94/Form I-94A with a stamp or notation indicating asylee status, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a 12(a)(5) or INA 208). This document is considered a List C document that demonstrates employment authorization in the United States and does not expire If the asylee chooses to present this document, he or she also will need to present a List B identity document, such as a State-issued driver’s license or identification card.

Employees
An employee is an alien whose work authorization does not expire or has no specific expiration date for their employment authorization. Non-citizens (other than legal permanent residents, refugees and political asylees) will always have an employment expiration date.

Expiration Date
This is normally the expiration date of your visa document (I-20 or DS2019), I-766 (EAD) card or I-797 approval.

Completion of Form I-9

After completing the above information, the electronic I-9 form will provide additional instructions. When the I-9 is completed, print the receipt notice.

You should bring the following information to the Duke Visa Services Office:

The receipt notice.
The visa documents listed on the receipt.
Employment Letters:
- Students receiving assistantships should bring the assistantship letter. Students hired for on-campus employment should bring the employment letter which should include the start date, your employment location, employment title, supervisor, the amount of money you will receive per hour, month or year and the number of hours you will work per week. Note that students cannot work more than 19.9 hours per week while classes are in session.
- Employees should bring a copy of the employment letter.

Other Helpful Information

What is the purpose of the Form I-9?

Federal law requires employers to verify the identity and employment authorization of new employees and to re-verify employment authorization only in certain instances later. Employers must use the Form I-9 to do this. The Form I-9 is required only if you are physically present in the U.S. Do not complete the I-9 if you are not in the U.S. Even if you already have a U.S. address, a key component required for Duke Visa Services to complete the I-9 is the I-94 form, which cannot be acquired until you enter the U.S.

How do I find this Form?

This form is part of Duke’s SuccessFactors Employment system and your hiring department will send you a link to this system. Federal law requires that the employee complete this form on or before the first date of employment. Duke Visa Services must complete Section 2 of the I-9 within 3 business days of the start date of employment.

For example, if you complete Section 1 with a start date of 8/1/2019 on a Monday, Duke Visa Services must complete Section 2 on Wednesday.

There are other forms in SuccessFactors. What are the NC 4 EZ Form, US W4 form, Direct Deposit Authorization Form, Acknowledgement forms, and who can assist me?

Your hiring Payroll Administrator can assist you with these forms. Duke Visa Services Advisors can only assist you with the Form I-9. Please be sure to bring ALL of these forms Completed and signed before reporting to Duke Visa Services for the Form I-9 completion.

Where is Duke Visa Services?

The Duke Visa Services Office is located at Smith Warehouse, 114 S. Buchanan Blvd, Bay 7, 1^st Floor. It is imperative that you report to Duke Visa Services within 3 business days and bring your employment letter and any documentation showing you are eligible to work in the U.S.

The instructions in SuccessFactors asks for my visa start and end date. Can I use the visa in my passport as evidence of employment?

DO NOT enter the start and end date of your visa stamp as the start and end date of your visa status.

The nonimmigrant visa stamp in your passport is a travel document that allows you to enter the U.S. It does not give you the authorization to work in the U.S.

Normally, the start and end date on your visa documents (I-20 or DS-2019) designates the period of time you can work at Duke.

What Documentation Should I Bring to Duke Visa Services?

The following chart provides employment authorization documentations that can be presented per visa category. NOTE: All the documents listed below per visa category can be entered in List A of the Form I-9. If you have any employment authorization documentation not listed below or believe your employment documentation should be entered in List B and C, contact Duke Visa Services at 919-613-5654 BEFORE completing Section 1 of the I-9.
Employment Letters: Students receiving assistantships must bring the assistantship letter. Students hired for on-campus employment should bring the employment letter, which should include the start date, your employment location, employment title, a description of the employment duties, supervisor, the amount of money you will receive per hour, month, year, and the number of hours you will work per week. Note that students cannot work more than 19.9 hours per week while classes are in session.
Employees should bring a copy of the employment letter.

Visa Category	Employment Authorization Documentation	End Date of Employment Authorization
F-1 On Campus Employment	Unexpired Passport, Form I-20, I-94	The *I-20 Program End date mm/dd/yyyy* is the same as an Alien Authorized to work expiration date
F-1 Curricular Practical Training (CPT)	Unexpired Passport, Form I-20, I-94	*Curricular Practical Approval End date on Page 2 of the I-20* is the same as an Alien Authorized to work expiration date.
Optional Practical Training (OPT)	Unexpired Employment Authorization Document (EAD)	*EAD expiration date* is the same date as an Alien Authorized to work expiration date. You must enter the USCIS # listed on the EAD.
STEM OPT	Unexpired Employment Authorization Document (EAD) or Expired EAD and I-20 Endorsed for STEM extension	*EAD expiration date* is the same date as an Alien Authorized to work expiration date Add 180 days to the expired EAD, if STEM application is still pending. You must enter the USCIS # listed on the EAD.
F-1 Cap-Gap	Expired EAD with Form I-20 endorsed by DSO, Passport and I-94	*Extended OPT end date at the bottom of page 2 of the I-20* is the same as an Alien Authorized to work expiration date
J-1	Unexpired DS-2019, Passport, I-94	*The Form Covers Period to mm/dd/yyyy* is the same as an Alien Authorized to work expiration date.
NAFTA TN	Unexpired Passport, I-94	The *I-94 Admit Until Date* is the same as an as an Alien Authorized to work expiration date.
E-3	Unexpired Passport, I-94	The *I-94 Admit Until Date* is the same as an Alien Authorized to work expiration date.
H-1B	Unexpired Passport, I-94	I-797A: Valid from mm/dd/yyyy to mm/dd/yyyy at the top of the I-797 is the same as an Alien Authorized to work expiration date
J-2	Unexpired EAD	*EAD expiration date* is the same date as an Alien Authorized to work expiration date.
PR Applicant, Deferred Action, H-4, TPS	Unexpired EAD	*EAD expiration date* is the same date as an Alien Authorized to work expiration date.

What are List A Documents?

List A documents can be found below to establish Identity and Employability. Normally, students, scholars and employees will use List A. For Form I-9 purposes, the combination of the I-20/DS-2019, passport and I-94 are considered List A documents, evidencing both identity and employment authorization.

More examples of List A documents can be found at: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

What are List B and C Documents?

Note that employees in F-1 and J-1 status normally do not have the documentation appropriate for these categories.

List B and C Documents Details

I have a Driver’s License and Social Security Card. Can I enter this information in List B and List C?

The Driver’s License can be used in List B but if the Social Security Card has one the following notations, it cannot be used as evidence of employment authorization in List C:

NOT VALID FOR EMPLOYMENT
VALID FOR WORK ONLY WITH INS AUTHORIZATION
VALID FOR WORK ONLY WITH DHS AUTHORIZATION

Should a Permanent Resident, Asylee, Refugee report to Duke Visa Services for the completion of Section 2 of the I-9?

No. Your hiring department can complete Section 2 of the I-9. Department Administrators can contact 919-613-5654 if additional guidance is required.

I have been offered employment at Duke but I do not know if my visa category allows me to work in the U.S. Who can assist me?

Please contact Duke Visa Services at 919-681-8472 or VisaHelp@duke.edu.

How Should My Name Appear in Section 1 of the Form I-9?

Enter your Full Legal Name as it appears on your passport or EAD.

The First Name is the given name.
The Last Name is the family or surname. If you have 2 last names, you should enter both last names as they appear on your passport. DO NOT pick only one name as the last name.
If the employee only has one name, enter it in the Last Name field, then enter “Unknown” in the First Name field.
If the employee hyphenates his or her first or last names, include the hyphen (-) between the names.
Include their Middle initial, if the employee has a middle name.
The Maiden Name usually applies to a woman's last name before marriage. Many Foreign National employees may keep their last names before marriage and should not enter the last name in the Maiden Name space.

What Address Should I Use?

Please use a United States address. If you have just arrived and do not have a permanent address, type the address where you are currently residing in the United States. Do not use an overseas address. If you are outside the United States when you receive the electronic I-9, do not complete it until AFTER you have entered the United States. Key information will not be available to you until after you have legally entered through a United States port of entry.

What is a Social Security Number?

Generally, only Foreign Nationals authorized to work in the United States by the Department of Homeland Security (DHS) can receive a Social Security number. Social Security numbers are used to report an individual's wages to the government and to determine a person's eligibility for Social Security benefits. You need a Social Security number to work in the U.S.

If you do not have a social security number, you can check the “Applied for” if you have not yet applied but intend to apply for the number. F-1 and J-1 students and scholars will require an additional letter from the Duke Visa Services Office to request this number from the Social Security Administration.

After you receive the Social Security number card, present it to the payroll administrator in your work department.

DVS Social Security Information

Under the Employee Information and Attestation, there are 4 Options. Which one do I pick?

Following are explanations of the 4 options. Foreign nationals are normally “Aliens Authorized to Work”. If you cannot determine which option is correct, call 919-681-8472 for assistance.

A Citizen of the United States

A Non-Citizen National of the United States

Persons who owe permanent allegiance to the United States, which include those born in American Samoa, including Swains Island. International students and employees with visa documents providing employment authorization are normally NOT non-citizen nationals.

A Lawful Permanent Resident (Alien Registration Number/USCIS Number)

An Alien Authorized to Work

Persons (Foreign Nationals) authorized to accept employment incident to or per visa classification. The alien number is the USCIS number on the I-766 Employment Authorization Document (EAD). The Admission number can be found on the I-94 card (white card received at the U.S. port of entry) or the electronic I-94 record.(link is external) Non-Citizens designated as political asylees and refugees should note the instructions from the USCIS I-9 manual:

Refugees

Upon admission to the United States, a refugee will receive Form I-94/Form I-94A with an unexpired refugee admission stamp. If an employee presents this document to complete Form I-9, the employer must accept it as a receipt establishing both employment authorization and identity for 90 days. In the meantime, USCIS will be processing an Employment Authorization Document (Form I-766) for the refugee.

At the end of the 90-day receipt period, the refugee must present either an Employment Authorization Document (Form I-766) or a document from List B, such as a State-issued driver’s license, with a document from List C, such as an unrestricted Social Security card.

Asylees

After being granted asylum in the United States, the asylee will receive a Form I-94/Form I-94A with a stamp or notation indicating asylee status, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a 12(a)(5) or INA 208). This document is considered a List C document that demonstrates employment authorization in the United States and does not expire. If the asylee chooses to present this document, he or she also will need to present a List B identity document, such as a State-issued driver’s license or identification card.