U.S. Employers need to be Aware of these I-94 Details: Ensuring Lawful Stay After Reentry
- Leyla McMullen, Mdivani Business Immigration Lawyer
- 1 day ago
- 1 min read
Updated: 11 minutes ago
Last week, we wrote a blog post on What U.S. Employers Need to Know When Their International Personnel Travel Abroad. This is a follow-up focused on a critical but often overlooked step after reentry: reviewing the employee’s Form I-94, Arrival/Departure Record.
Example of how this comes up:
Employer files an H-1B extension for their engineer. The USCIS approves the H-1B petition and extension of status for 3 years. The engineer then travels abroad and upon returning to the US, the I-94 is shortened. This shortened I-94, if not caught in time, may affect the US employer’s ability to continue to employ their engineer and the employer may need to file for another extension.
The Department of Homeland Security (DHS) issues Form I-94 to individuals who are:
Admitted to the United States;
Adjusting status while in the U.S.; or
Extending their stay.
Best Practices for U.S. Employers
To maintain compliance and protect work authorization, employers should consider:
Instructing employees to retrieve their most recent Form I-94 at https://i94.cbp.dhs.gov immediately after each reentry to the U.S.
Confirming that the “Admit Until Date” aligns with the dates on the underlying visa classification or petition.
Contacting your immigration counsel if the I-94 reflects a shorter stay than expected or if you notice any other discrepancies.
Corporate immigration compliance training taught by business immigration attorneys can be found HERE.
Leyla McMullen, Corporate Immigration Lawyer
Mdivani Corporate Immigration Law Firm
The information on this website is for general information purposes only. It is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
