It is important for both employers and employees to be aware that the valid work authorization period in the United States (US) is determined by the I-94 record, not just the visa or other documentation. Whenever an employee travels outside the US and reenters (with the limited exception of certain trips to Canada or Mexico), the I-94 record is updated at the port of entry. Both the employer and the employee share responsibility for verifying the new I-94 expiration date to ensure continued legal work authorization.

A visa, typically placed in the individual’s passport, allows a foreign national to travel to a US port of entry and request admission. The visa itself does not govern how long a person may remain in the country—it only entitles a person to seek admission to the US during the visa’s validity period. The I-94, on the other hand, is issued by US Customs and Border Protection at the time of admission to the US and indicates the date by which the individual must depart or otherwise take action to extend status. If an extension of stay or a change in employment authorization is approved within the US, an I-797 approval notice may be issued, which can include a replacement I-94 in some circumstances. Thus, the I-797 approval notice contains evidence of the extended or changed status within the country, while the I-94 is the primary indicator of lawful status and its end date. Upon reentry into the US, individuals are typically admitted until the validity of their I-797 notice or passport expiration, whichever date is earlier. As such, it is important to monitor passport expiration dates as well to ensure they are valid beyond the I-797 notice.

Overstaying the I-94 expiration date can have significant consequences. For the employee, remaining in the US without valid status may lead to accrual of unlawful presence, potential bars to future admission, and the possibility of being placed in Removal proceedings. In addition, continuing to work without valid authorization exposes both the employee and the employer to legal penalties, including fines and other sanctions, from immigration and labor authorities. Therefore, it is crucial for employers to track and confirm that employees remain authorized to work based on a valid I-94 (and, if applicable, a corresponding I-797 notice), particularly after any international travel.

Should you discover that your employee’s I-94 has been granted for a shorter period than expected based on their approval notice, please contact your GIP contact for guidance on how to seek a correction or, if appropriate, file an extension of stay before the I-94 expires.