Many U.S. employers hire foreign workers to fill talent gaps and support business growth. While this brings many benefits, it also comes with responsibilities like keeping track of each employee’s Form I-94.
If an employee’s Form I-94 is about to expire or has already expired, and you miss it, your company could face serious legal issues and costly penalties.
In this blog, we discuss what Form I-94 is, why it matters, and what you should do if an employee’s I-94 is expiring soon.
What Is Form I-94?
Form I-94, also known as the Arrival/Departure Record, is an official document issued by the U.S. Customs and Border Protection (CBP) to foreign nationals entering the United States. It serves as proof of lawful entry and has the following details on it:
- Arrival date in the U.S.
- Class of admission (H-1B, L-1, F-1, O-1)
- Admit Until date, which specifies when the individual’s authorized stay ends
Who Needs an I-94?
The I-94 is issued to a wide range of nonimmigrant visitors and workers, including:
- Tourists on B-2 visas
- Temporary workers (H-1B, L-1, O-1, etc.)
- Business visitors (B-1 visa)
- International students (F-1 or M-1 visas)
- Exchange visitors (J-1 visa)
- Any nonimmigrant seeking a change or extension of status
Why Is it Crucial to Maintain a Valid I-94?
A valid I-94 is crucial to maintain as it proves legal status, confirms employment eligibility, and is required for visa extensions or status changes. Let’s have a look:
- Proof of legal status
Without a valid I-94, an individual’s stay in the U.S. becomes unauthorized, even if they have a valid visa.
- Employment eligibility
Government agencies like USCIS require it to verify work eligibility.
- Immigration compliance
Overstaying an I-94’s expiration can lead to penalties, deportation, or reentry bans.
- Visa extensions and changes
A current I-94 is needed for filing extensions or changes in immigration status.
What to Do When Employee’s I-94 Is About to Expire?
By now, we have discussed what I-94 is, who requires it, and why it is crucial to maintain. Let’s talk about what to do if your employee’s I-94 is about to expire.
1. Keep an eye on expiry dates
Your HR teams must keep an eye on form I-94 expiry dates. The actual allowed stay is listed on Form I-94. You must ask your HR teams to track each employee’s I-94 expiration date well in advance to avoid last-minute surprises.
2. Check if an extension is possible
You should check if the employee is eligible for an extension or change of status well before the I-94 expires (ideally 180–200 days in advance). You must check:
- What type of visa the employee has
- When their I-94 form expires
- How long they have already been in the U.S. on that visa
- If there have been any changes to their job
- Any recent updates or approvals from USCIS
You should start this process early, well before I-94 expires so that you can proceed with the next steps without stress.
3. File the extension on time
If the employee qualifies for an extension, you must submit Form I-129 (Petition for a Nonimmigrant Worker) before the employee’s I-94 expires. Once Form I-129 is filed, the employee can continue working legally in the U.S. for up to 240 days while USCIS reviews the petition.
4. Keep all documents ready
Employers should keep all the following documents ready. This will help you stay compliant in case there is a surprise USCIS site visit or audit:
- Copies of Form I-94
- I-797 approval notices
- Extension receipt notices
- Employee visas
- Passport copies
5. Talk to your attorneys
You should communicate everything to your attorneys so that they are aware of the case’s progress. This way, they will be prepared to handle anything unexpected, like a USCIS site visit or audit, and guide you in avoiding any legal trouble.
What If Your Employee’s I-94 Has Already Expired?
If an employee’s I-94 has expired, you need not panic and instead act quickly to avoid legal issues. Here is what you should do:
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Stop employment immediately
If no extension or change of status was filed before the I-94 expiry, the employee is no longer allowed to work in the U.S. You must end their employment right away.
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Talk to your attorney
You must inform your immigration attorney as soon as possible. They will help you understand what to do next while staying within the law.
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Inform the employee
You should explain to the employee the situation clearly, including what they are supposed to do next.
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Document essential information
You must save all related documents like the expired I-94, any communication details, and the steps taken (if any).
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Rehire only after status is fixed
You can only bring the employee back once they have fixed their immigration status by leaving the U.S. and reentering legally with a new I-94.
Final Thoughts
Regularly tracking each employee’s Form I-94 is essential to avoid unexpected employment disruptions that could impact your business operations. Since this form determines a foreign national’s authorized stay in the U.S., missing its expiration date can lead to non-compliance and legal risks. Moreover, if an employee’s I-94 has expired and no extension was filed, you must end the employment immediately to stay compliant.
That’s where Imagility comes in. Imagility simplifies immigration compliance from start to finish. You can easily manage H-1B cases, stay audit-ready with I-9 tools, and verify new hires through our built-in E-Verify integration.
With Imagility’s AI-powered platform, you stay compliant while staying focused on growing your business.
