Form I-9 for OPT and CPT Employees: Documents and Reverification
By JohnPaul Callan, Immigration Attorney | The Callan Law Firm, P.C.
Hiring an employee on OPT or CPT does not require a different Form I-9. It does require attention to the documents that establish employment authorization and the date when that authorization must be reverified.
For HR, two questions should stay separate: Is the proposed employment authorized, and has Form I-9 been completed correctly? A correctly completed form does not expand the student's permitted employment. Conversely, a category-specific immigration review does not permit an employer to demand an arbitrary document package for I-9 purposes.
Keep the ordinary hiring deadlines
The employee completes Section 1 no later than the first day of employment. The employer generally completes Section 2 within three business days of the start of employment. If the job will last fewer than three business days, Section 2 must be completed by the first day. 8 CFR 274a.2 sets out the verification requirements.
Plan who will complete Section 2 before the employee starts. A remote hire, absent HR manager, or pending school response should not become a last-minute explanation for missing the deadline.
Distinguish CPT documents from OPT documents
CPT is school-authorized training. USCIS describes an acceptable List A combination involving an unexpired foreign passport, an F-1 Form I-94, and Form I-20 with the DSO's CPT endorsement. Review the endorsement's employer, location, dates, and authorized designation as part of the separate employment-authorization check.
Initial OPT generally relies on the USCIS-issued Form I-766 EAD. A DSO recommendation or an I-765 receipt alone does not establish authorization to begin initial OPT. Employment cannot begin before the approved EAD start date. See USCIS M-274 guidance for F-1 students.
These examples explain common documentation; they are not instructions to require those documents from every employee. Allow the employee to choose an acceptable List A document or combination, or an acceptable List B and List C combination, as applicable. DOJ's I-9 guidance explains the anti-discrimination rules.
An expired EAD is not always the end of authorization
A qualifying, timely filed STEM OPT extension may extend employment authorization for up to 180 days while the application remains pending. USCIS provides specific I-9 instructions for the expired OPT EAD and supporting endorsed I-20 in that situation.
Eligible cap-gap cases have a different documentation basis. No new cap-gap EAD is issued. Follow the current M-274 instructions for the required evidence and notation; H-1B registration or selection alone is not a work-authorization extension.
Record the basis for any automatic extension and calendar its actual endpoint. Avoid applying a general EAD-extension number to every category. Our OPT-to-H-1B timeline addresses the planning sequence without replacing the category-specific I-9 instructions.
Reverify on time, using the right process
When temporary employment authorization expires, complete required reverification in Supplement B on or before the applicable expiration date. Do not continue employment based solely on an expectation that a new card or approval will arrive.
For a student, track the applicable CPT end date, EAD expiration, or qualifying automatic-extension endpoint. Reverification concerns current employment authorization, not a request to reproduce the original hiring documents. The employee can choose acceptable reverification evidence under the rules.
Remote hiring does not automatically permit remote document review
The standard process involves physical examination of the required documents. DHS permits an alternative remote procedure for qualifying E-Verify employers that follow its conditions, including the required document-copy and live-video steps. An informal video call alone is not the alternative procedure. See USCIS remote-examination guidance.
Give the calendar an owner
Assign an HR owner and backup, maintain timely reminders, and route uncertain extensions to counsel. Keep Forms I-9 for the required retention period: generally the later of three years after hire or one year after employment ends.
This article covers selected documentation and timing issues. Use current agency instructions for the particular transaction and review the student's underlying F-1 status separately, including any applicable transition or extension-of-stay requirements.
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The Callan Law Firm advises employers on international hiring, sponsorship, and compliance. Request a discussion of the position, employee timeline, and issues your company needs to address.
Related Reading
Legal information reviewed September 10, 2026.
This article provides general information, addresses selected issues rather than every requirement, and is not legal advice. Law and agency guidance may change; the appropriate strategy depends on the facts of the case.
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