On April 30, 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94, Arrival/Departure Record, process at air and sea ports and will expand the automated process nationwide to all air and sea ports of entry by the end of May. CBP officers will no longer provide a paper Form I-94 to travelers but will provide travelers with instructions on how to obtain their Form I-94, if needed. CBP will continue to provide the paper Forms I-94 to certain classes of aliens arriving to the United States by air or sea, such as refugees, certain asylees and parolees, and whenever CBP determines the issuance of the paper Form I-94 is appropriate. Additionally, U.S. Citizenship and Immigration Services (USCIS) will continue to issue the paper Form I-94 to aliens who are already in the United States.
How will this affect Employees?
Employees will need to print out a hard copy of their Form I-94 from the CBP websiteat www.cbp.gov/I94if they wish to present it for Section 2 of Form I-9.
Employees who provide an Alien Registration Number or USCIS Number in Section 1 do not need to provide their Form I-94 admission number or foreign passport information in Section 1.
On the current version of Form I-9 (03/08/13)Nemployees who provide their Form I-94 Admission number in Section 1 of Form I-9, will either:
Record information about their foreign passport they used to enter the United States if they obtained their I-94 Admission number from CBP (whether directly or from the CBP website) in connection with their arrival in the United States. Below is an example of the new Electronic I-94 Admission Number; OR
Write “N/A” in the foreign passport fields if they obtained their I-94 Admission number from USCIS within the United States or they entered without a Foreign Passport.
How will this affect Employers?
Employers may see new Forms I-94 (see example below) presented to them after automation that look different than paper Form I-94. The Form I-94 printout from the CBP website is an official Form I-94.
Employers will see two versions of Forms I-94, both of which are acceptable for Form I-9 purposes:
One type is the familiar card that contains an official stamp and possible handwritten information.
The other type is a newly designed computer-generated printout, and does not contain stamps or handwritten information.
Employers may be presented with a Form I-94 that has a line through the pre-printed admission number and a different number written below. CBP will issue Forms I-94 with these markings to an alien who does not possess a passport upon entry. This includes certain classes of aliens such as refugees, asylees, and parolees. In these cases:
The pre-printed number on the paper Form I-94 will not be valid and CBP will cross out that number in black ink, and hand write the valid admission number on the form.
Employers should record the handwritten admission number in Section 2 of Form I-9 if an employee chooses to present Form I-94.
Form I-9 Blog Available
The new Form I-9 Blog informs employers about the changes made to the revised Form I-9 (revision 03/08/13). It contains several great tips that employers should know about when using the form. There are several resources where employers can go to obtain more information about the Form I-9 such as viewing the updated Handbook for Employers, Guidance for Completing Form I-9 (M-274) on I-9 Central. Employers can also participate in the Form I-9 Stakeholder Teleconference on May 7th where USCIS subject matter experts will discuss and answer questions about the revised form or they can take a FREE Form I-9 webinar. Visit our Blog section today!
Form I-9 Correction Notice Published
On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register announcing the recently revised Employment Eligibility Verification, Form I-9. USCIS announced in the DATES section of the notice that employers can no longer use prior versions of Form I-9 effective May 7, 2013. USCIS incorrectly described the effective date as being after May 7, 2013.
On April 9, 2013, USCIS published a correction notice in the Federal Register. This notice corrects the error and clarifies that employers may no longer use prior versions of the Form I-9 effective May 7, 2013.