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27-Nov-2014 15:46

Are seasonal workers considered rehires when the seasonal worker has every expectation to return to the job the following season, such as from one holiday season to another?

Must the employee complete a new Form I-9 each season?

The student’s expired OPT EAD, together with an endorsed Form I-20, are considered an acceptable List A documents for a student who is participating in OPT and whose F-1 status and employment authorization have been automatically extended as a result of a timely filed H-1B change of status petition (cap-gap).

An expired OPT EAD with an endorsed Form I-20 is also an acceptable List A document in the case of the F-1 OPT student with a pending STEM extension application.

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The student is authorized to work until USCIS makes a decision on his or her application, but not more than 180 days from the date of the initial OPT EAD expiration date.

For more guidance on reverification and F-1 STEM OPT extensions and cap-gap for students, see the Guidance for Completing Form I-9 Handbook.

The regulations provide that if the individual is continuing in his or her employment, such as may be the case with seasonal employment, and has a reasonable expectation of employment at all times, his or her return to work would not be considered a new hire, so a new Form I-9 is not required.

Employers should continue to maintain and store the completed Form I-9 as if there was no interruption in employment.

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No, Form I-94 and Form I-20 do not establish employment authorization for reverification in the case of F-1 students seeking employment under optional practical training (OPT), STEM OPT extension, or off-campus employment based on severe economic hardship.If employment authorization is granted in these cases, USCIS issues an Employment Authorization Document (EAD) as evidence of employment authorization.