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Employment Eligibility

All Cornell employees must prove their eligibility to work in the United States by completing employment eligibility verification (Form I-9)—a mandatory federal form used to confirm the identity and legal work authorization of every new employee hired to work in the U.S. New employees are federally required to complete the I-9 within their first three days of employment. Both U.S. citizens and noncitizens must complete the I-9.

It's wise to discuss I-9 requirements with your prospective employee shortly after you make an offer, so that you can identify any potential work authorization issues early and seek advice if needed.


New Employees: Completing Form I-9

At Cornell, the initial I-9 is typically completed during a new employee's onboarding appointment with central HR. The employee must present acceptable I-9 documents that establish identity and employment authorization. 

Please advise your new international hires to prepare for their onboarding appointment by checking the acceptable documents list. Reach out to central HR if you have questions about the I-9 or required documents. International Services does not advise on initial I-9s. 

My new employee already has a DS-2019 from his prior employer. Does this count as work authorization?

No. Like many nonimmigrant visa statuses, J-1 and H-1B are employer-specific, so simply having a DS-2019 (J-1) or I-797 (H-1B) does not automatically establish authorization to work at Cornell. By completing the I-9, your incoming employee demonstrates eligibility to work 1) in the United States, and 2) for and at Cornell.


Current Employees: Reverifying Form I-9

Many international employees have their I-9s reverified multiple times during their years at Cornell. All nonimmigrant visa statuses that provide work authorization offer the benefit for a limited period of time. Before employees' I-9s current expire, they must present acceptable I-9 documents showing their work authorization has been extended. 

  • If your employee is sponsored by Cornell in a visa status like J-1 or H-1B and has a current I-9 on file, International Services will reverify the I-9 at the appropriate time. 
  • If your employee has an external work permit like F-1 OPT not sponsored by Cornell, your department is responsible for ensuring the I-9 is reverified on time. Contact central HR if you have questions.

Permanent Residents

We also reverify I-9s for scholars who become permanent residents during their time at Cornell. This is a one-time process. A lawful permanent resident who presents an unexpired permanent resident card for an I-9 should never be asked to reverify the I-9, even if the permanent resident card later expires. 

Gaps in Employment Eligibility

In some cases, noncitizens may have the legal right to remain in the United States while a petition or application is pending, but experience a gap in their work authorization. If a scholar is not able to present acceptable I-9 documents, Cornell employment must be terminated no later than the expiration date of the person's work authorization. If you have questions about this policy, please contact central HR

We strongly recommend taking these steps to reduce the risk of gaps in employment eligibility:

  • If a scholar’s status is or will be sponsored by Cornell, initiate visa processes as early as possible. H-1B and O-1 extension requests can be started six months before the requested start date.
  •  Submit all visa requests for the full duration of expected employment (up to five years for J-1 and up to three years for H-1B).
  •  Encourage scholars with external work permits to renew their work authorization as early as legally permitted.

My employee wants to continue working during an eligibility gap. Can she "volunteer"?

No. Federal regulations do not allow for interim unpaid appointments or “volunteering” for Cornell during a gap in work authorization. Scholars must cease all activity with Cornell until they receive work authorization. Working without authorization is a serious violation of a scholar’s legal status in the United States.