The I-94 Record: An Elusive But Critical Document For Employers and Employees

October 2, 2014

During the I-9 employment verification process, an employer may accept as a List A document a foreign passport and I-94 record indicating the work visa category and duration for which a foreign national employee has been admitted. In May of 2013, the USCBP stopped issuing I-94 cards to foreign nationals at the time of entry. As a result, many believe that the I-94 no longer exists. To the contrary, the I-94 record is available online at https://i94.cbp.dhs.gov/I94/request.html and the USCBP expects each foreign national to go online after entry to print off a hard copy of their I-94 record.  It is essential that foreign nationals have a copy of the I-94 in their possession, both in order to prove their lawful status in the U.S. and to satisfy I-9 documentation requirements.  An employer must re-verify the employment authorization of a foreign national employee (other than a permanent resident) on or before the date that the I-94 record expires as shown in the company I-9 records.