How does an employer complete the I-9 Form when an H-1B COE worker begins employment on the receipt notice?

In Section 2 of List A, the employer would note the individual’s foreign passport and Form I-94 indicating H-1B status. Additionally, the employer must write “AC-21 MM/DD/YY” with the date that USCIS received the H-1B petition for processing in the margin of Form I-9 next to Section 2. This documentation is valid until the date of the USCIS’ written decision of the H-1B COE case. At such time, the employer will then need to reverify the individual’s employment authorization by completing Section 3 of the current version of the Form I-9 with the new I-94 card issued as a result of the approval of the H-1B COE petition.

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