Form I-9 for O-1 workers: passport and I-94 entries, agent petitions, one-year extensions and O-2 and O-3 family

An O-1 worker, a person USCIS has approved for extraordinary ability or achievement, completes Form I-9 like other employer-specific nonimmigrants: in Section 1 they check "An alien authorized to work" and enter the date their authorization expires, and in Section 2 the employer usually records their unexpired foreign passport and Form I-94 as one List A document. As of November 2026, four O-1 rules shape the form: the worker may be employed only by the petitioner and only during the petition's validity period, even though the I-94 can run 10 days longer; on an agent petition you have to settle who the employer is before anyone completes Section 2; extensions come in increments of up to one year, with up to 240 days of continued work while a timely extension is pending; and O-3 spouses and children may not work on that status.

The petition side, including the evidence criteria, peer consultation and the return-trip duty, is in O-1 visa for employers. The H-1B version of these Form I-9 rules is in Form I-9 for H-1B workers; Supplement B mechanics are in I-9 reverification; and document choice is in I-9 List A, B and C documents.

What does an O-1 worker enter in Section 1?

The worker checks box 4, "An alien authorized to work." The Form I-9 instructions tell them to enter "the date that your employment authorization expires," which in most cases is on the document that shows it, here the Form I-94. They also enter one of three numbers: a USCIS Number or A-Number, the 11-digit Form I-94 admission number, or a foreign passport number with the country of issuance. The instructions say the employer "may not ask for documentation to verify the information" entered in Section 1, and HR should not fill in or correct the worker's entries.

The worker completes Section 1 no later than the first day of employment, and the employer completes Section 2 within three business days after it. If the worker will work fewer than three business days, as can happen with a short engagement, both sections are due by the first day.

Which documents can an O-1 worker present?

• List A, the usual choice: item 5 on the List A page of the M-274 is a "foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record, and containing an endorsement to work." Record the passport in the first set of List A fields and the I-94, with its end date, in the second. Employees generally download the I-94 from CBP's website.
• List B plus List C: M-274 Section 13.3 lists a Form I-94 issued to work-authorized nonimmigrants as a List C #7 document, so a driver's license or other List B document plus the I-94 also works.
• An EAD, if the worker has one on another basis, such as a pending application to adjust status.

The worker decides. The instructions say the employer "cannot specify which documentation an employee may present," and that employers "should not reject acceptable documentation due to a future expiration date." The Form I-797 approval notice, the contract and the advisory opinion belong to the petition file, not to Section 2.

When can an O-1 worker start and stop working?

Under 8 CFR 214.2(o)(10), an O beneficiary may be admitted for the petition's validity period plus up to 10 days before it begins and 10 days after it ends, but "may only engage in employment during the validity period of the petition." USCIS's O-1 page repeats the point. In practice:

1. Set the first day of employment on or after the validity start date on the Form I-797, even if the worker arrived earlier.
2. Compare the I-94 end date with the petition's validity end date. If the I-94 runs later, calendar the petition end date as the last day of work or the deadline for a timely extension; do not change the worker's Section 1 entry yourself.
3. If employment ends early, 8 CFR 214.1(l)(2) currently lets an O-1 worker keep status for up to 60 consecutive days or until the validity period ends, whichever is shorter, but not work during it unless another rule allows it. DHS proposed removing that grace period on September 11, 2026 (91 FR 57807; comments closed November 10, 2026). It is a proposal, not a rule.

Who completes Form I-9 when an agent filed the petition?

O-1 petitions are often filed by agents, and the petitioner is not always the employer for Form I-9. Under 8 CFR 214.2(o)(2)(iv)(E), a U.S. agent may be "the actual employer of the beneficiary, the representative of both the employer and the beneficiary; or, a person or entity authorized by the employer to act for, or in place of, the employer as its agent." The Form I-9 instructions define the employer as a person or entity, "including an agent or anyone acting directly or indirectly in the interest thereof," who engages a person's labor in the United States for wages or other remuneration. Sort the case before the first day:

One more rule decides second jobs: if the worker "will work concurrently for more than one employer within the same time period, each employer must file a separate petition unless an established agent files the petition" (214.2(o)(2)(iv)(B)). A paid side engagement with a company that has no petition, and is not covered by an agent petition, is not authorized employment for an O-1 worker.

How does the 240-day extension work for O-1 workers?

M-274 Section 7.7 lists O-1 and O-2 among the categories whose workers "are authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first," once the employer timely files Form I-129 to extend the stay. 8 CFR 274a.12(b)(20), which covers class (b)(13), limits it to employment "with the same employer" and ends it on a denial. On the form:

1. File the I-129 to extend both the petition and the stay before the current stay ends, with the worker physically in the United States (214.2(o)(12)(i)). A petition extension generally may be filed only while the original petition is still valid (214.2(o)(11)).
2. Keep a copy of the I-129, proof of the fee and proof of mailing with the Form I-9; once the Form I-797C receipt notice arrives, keep that instead.
3. When the current authorization expires, write "240-day Ext." and the I-129 filing date in the Section 2 Additional Information field.
4. On approval, the Form I-797 comes with a new I-94. Record it on Supplement B and give the worker the I-94.
5. If 240 days pass or the petition is denied first, reverify by then with any List A or List C document the worker chooses.

Plan for more reverifications than with H-1B or L-1. An initial O-1 petition runs for the time needed for the event or activity, up to three years (214.2(o)(6)(iii)(A)), but each extension is "in increments of up to 1 year" to continue or complete the same event or activity, plus 10 days (214.2(o)(12)(ii)). DHS also proposed on October 14, 2026 to end deference to prior approvals in extension cases (91 FR 65119); comments close November 13, 2026, and nothing has changed yet.

Can an O-1 worker change employers or duties?

• New employer. 8 CFR 214.2(o)(2)(iv)(C) says the new employer "must file a petition and a request to extend the alien's stay," and if an agent filed the original petition, an amended petition with evidence about the new employer. Because 274a.12(b)(13) limits work to "the petitioner through whom the status was obtained" and the 240-day rule covers only the same employer, there is no O-1 counterpart to the H-1B start on filing that M-274 Section 7.5 describes. The new employer completes a new Form I-9 when the worker starts after approval.
• Material changes. A material change in the terms of employment or in eligibility needs an amended petition; an artist or entertainer may add performances that require someone of O-1 caliber without one (214.2(o)(2)(iv)(D)).
• Traded athletes. Under 274a.12(b)(13), an O-1 athlete's work authorization continues for 30 days after the trade, and longer if the new organization files a new petition within those 30 days, until USCIS decides it; a denial ends it. The new team is a new employer and completes a new Form I-9; ask counsel how to document the 30-day period, because the M-274 does not describe an annotation for it.

Can O-2 assistants and O-3 family members work?

O-2 assistants can, for the petitioner. 274a.12(b)(13) covers "an accompanying alien (O-2)" on the same employer-specific terms, the 240-day rule in M-274 7.7 includes O-2, and an O-2 may change employers "only in conjunction with a change of employers by the principal O-1 alien." Their Form I-9 works the same way: passport and I-94, or List B plus the I-94.

O-3 spouses and children cannot, on that status. USCIS's O-1 page says O-3 family members "may not work in the United States under this classification," though they may study. An O-3 I-94 is therefore not a List C document for a job. If an O-3 family member applies to you, they need another basis to work, and the employee still chooses which acceptable documents to show after the offer.

What should recruiters and hiring managers avoid?

• Judging eligibility in the screen. Before an offer, ask the two standard work authorization questions and leave the category to counsel; see work authorization questions in interviews.
• Promising a start date tied to filing. Build approval time into the offer, and use the petition validity dates, not the travel dates, for the first and last day.
• Asking for the petition in Section 2. The I-797, the contract and the itinerary are filings; the passport and I-94 are the documents.

An O-1 Form I-9 checklist

• The employer for Form I-9 identified: petitioner, agent or foreign employer.
• First day on or after the petition's validity start, not in the 10-day arrival window.
• Section 1 date entered by the worker; HR does not correct it.
• Passport plus I-94, a List B document plus the I-94, or any other valid choice the worker makes.
• The earlier of the I-94 end date and the petition end date calendared.
• "240-day Ext." and the I-129 filing date on the day the old authorization ends, for timely extensions only.
• Supplement B when the new I-94 arrives, and yearly reverification once extensions start.
• No work for other companies without their own petition or an agent petition.
• O-3 family members treated as needing their own work authorization.