When completing Form I-9, an employee can use the I-94 as proof of work authorization in two ways: paired with an unexpired foreign passport as a List A document that establishes both identity and employment eligibility, or on its own as a List C document that proves employment eligibility only and must be combined with a separate identity document. Which path applies depends on the class of admission printed on the record.
Where the I-94 Fits on the I-9’s Document Lists
For most work-authorized nonimmigrants, the I-94 combines with an unexpired foreign passport to form a List A entry. The passport must bear the same name as the I-94, and the I-94 must show a nonimmigrant classification that permits work for a specific employer.1USCIS. Combination Documents
Two categories need extra paperwork inside the List A combination. F-1 students on curricular practical training must include a properly endorsed Form I-20. J-1 exchange visitors must include a Form DS-2019 endorsed by their responsible officer.1USCIS. Combination Documents Citizens of the Federated States of Micronesia or the Republic of the Marshall Islands present their country’s passport together with an I-94 showing admission under the Compact of Free Association.2USCIS. Form I-9 Acceptable Documents
The I-94 also works as a List C document on its own, proving employment authorization only. In that case the employee needs a separate List B identity document such as a driver’s license. This route is used by asylees, refugees, and work-authorized nonimmigrants such as H-1B holders whose status itself grants employment rights.2USCIS. Form I-9 Acceptable Documents A refugee may also present an I-94 with an “RE” notation or refugee stamp as a List A receipt while waiting for a permanent employment authorization document.
The Admission Number in Section 1
Noncitizen employees filling out Section 1 must provide one of three identifiers: an Alien Registration Number, their I-94 admission number, or a foreign passport number with the country of issuance.3USCIS. Completing Section 1 – Employee Information and Attestation The admission number is 11 characters long. Records issued before May 2019 are all numeric; newer records follow an alphanumeric format of nine digits, one letter, and a final digit.4U.S. Customs and Border Protection. I-94/I-95 Frequently Asked Questions Check every character. A single mistyped digit can delay a start date and create audit problems later.
What the Class of Admission Tells You About Work Rights
The “Class of Admission” code on the I-94 is the field that determines whether the holder can work at all, and if so, for whom. Federal regulations divide work-authorized nonimmigrants into two broad groups.
Authorized to Work for Any Employer
Under 8 CFR 274a.12(a), certain people are authorized to work for any employer as a direct consequence of their immigration status, described in the regulation as employment authorization “incident to status.” This group includes refugees admitted under section 207 of the Immigration and Nationality Act, individuals granted asylum under section 208, and citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau admitted under the Compact of Free Association.5eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment For these workers the I-94 alone, or with a passport depending on which I-9 list is used, is enough to prove eligibility.
Authorized to Work Only for the Petitioning Employer
Under 8 CFR 274a.12(b), a second group can work only for the employer who petitioned for them. This includes H-1B specialty occupation workers, L-1 intracompany transferees, and TN professionals under the U.S.-Mexico-Canada Agreement, among others.5eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment Taking a job with a different employer, or working in a role that doesn’t match the petition, can trigger status revocation for the worker and penalties for the employer. Before completing Section 2, confirm that the class of admission on the I-94 matches the visa category that authorized the hire.
Spousal S Codes
Since January 2022, CBP and USCIS have issued I-94 records with dedicated class-of-admission codes for certain dependent spouses: E-1S, E-2S, E-3S, and L-2S. These codes distinguish spouses, who are employment-authorized incident to status, from dependent children, who are not. An unexpired I-94 showing one of these codes is acceptable as a List C document on the I-9.6USCIS. Policy Manual Volume 10 – Part B – Chapter 2 – Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses Before these codes existed, E and L spouses generally had to apply separately for an Employment Authorization Document.
How Long the I-94 Authorizes Work
The expiration date on the I-94 sets the outer boundary of authorized stay and, for most categories, the work authorization window. Most nonimmigrants receive a specific calendar date. F and J holders typically see “D/S” for Duration of Status, meaning they can remain as long as they maintain program enrollment and comply with the terms of the visa.7U.S. Customs and Border Protection. I-94 Arrival/Departure Record Fact Sheet
The 240-Day Extension Rule
This is the point where workers and employers most often stumble. If the employer timely files a petition to extend the stay or change status before the I-94 expires, the employee can continue working for that same employer for up to 240 days while the petition is pending. The rule applies to most employer-specific nonimmigrant categories, including H-1B, L-1, and TN workers.8eCFR. 8 CFR Part 274a Subpart B – Employment Authorization “Timely” means filed before the current authorized stay expires. Late filings lose the 240-day protection, and any work performed after the I-94 expiration date would be unauthorized.
The 240-day period ends early if USCIS denies the extension. Once notified of the denial, work authorization terminates immediately. The interim authorization also carries the same conditions as the original status, so the worker cannot switch employers or job duties based on the pending petition.
Retrieving the Record for the I-9
Employees who entered by air or sea almost always have an electronic I-94. Retrieval is through the CBP I-94 website or the CBP One mobile app, using the full legal name exactly as it appears on the passport biographical page, date of birth, passport number, and country of issuance.9U.S. Customs and Border Protection. Arrival/Departure Forms – I-94 and I-94W Even a slight mismatch returns no results. The system produces a printable PDF, and a saved copy is worth keeping for future I-9 reverifications, Social Security card applications, and driver’s license renewals.
Fixing Errors Before You Show the I-94 to an Employer
Mistakes at the port of entry, such as a misspelled name, wrong classification, or incorrect admission date, need to be corrected before the record is used on an I-9. If CBP made the error during inspection, do not file Form I-102. Instead, visit a CBP Deferred Inspection Site or any CBP office inside an international airport.10U.S. Customs and Border Protection. Deferred Inspection Sites Any deferred inspection location can help, regardless of where the original entry occurred. Many sites accept email requests with scanned copies of the passport biographical page, visa page, and most recent admission stamp; others require an in-person appointment.
What the Employer Must Do
The employer must complete Section 2 of the I-9 within three business days of the employee’s first day of work for pay. If someone starts on Monday, the deadline is Thursday. For jobs lasting fewer than three days, the I-9 must be completed on the first day.11USCIS. Completing Section 2, Employer Review and Attestation The examiner must physically inspect the I-94 and any accompanying documents to confirm that they reasonably appear genuine and relate to the person presenting them. Anything altered, mismatched, or inconsistent cannot be accepted.
Employers participating in E-Verify in good standing may examine documents remotely through a live video interaction. The employee transmits copies, then holds up the originals on camera. When used at a hiring site, the remote option must be offered consistently to all employees at that site to avoid discrimination concerns, and the employer must keep clear copies of the documents for future audits.12USCIS. Remote Document Examination – Optional Alternative Procedure to Physical Document Examination
Photocopying I-9 documents is optional. If an employer does copy them, it must do so for every employee. Selectively copying documents only for workers who appear foreign is a textbook discrimination violation.13eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization Civil penalties for I-9 paperwork violations currently range from $288 to $2,861 per form.14USCIS. Penalties Employers using E-Verify should expect the entered I-94 data to be cross-checked against Department of Homeland Security records.