Does I-94 allow you to work?

The I-94: A 90-Day Bridge to Work Authorization in the US

Navigating the complexities of US immigration can be daunting, especially when starting a new job. One common document that often leads to confusion is the I-94, the Arrival/Departure Record issued to foreign visitors upon entry into the United States. While it’s a crucial piece of documentation, its role in establishing work authorization is often misunderstood.

The short answer: an I-94 itself doesn’t permanently authorize you to work in the US. However, it can serve as a temporary, crucial bridge in demonstrating your eligibility for employment, offering a vital grace period when starting a new job.

Here’s the key understanding: your I-94 can act as temporary evidence of work authorization for a limited period of 90 days from your start date. This provision exists to allow individuals with valid work authorization, who may be awaiting the issuance or renewal of other supporting documents like an Employment Authorization Document (EAD) card, to commence employment without delay.

Think of it as a short-term placeholder. It signals to your employer that you are, based on your immigration status and circumstances, likely authorized to work. However, the onus is on you to solidify this claim within the 90-day timeframe.

What You Need to Do Within Those 90 Days:

The 90-day period is crucial. During this time, you must provide your employer with one of the other acceptable documents that definitively proves your continued legal right to employment in the United States. Examples of such documents include:

• A valid Employment Authorization Document (EAD) card: This is a standard document explicitly granting you permission to work in the US.
• A Permanent Resident Card (Green Card): This indicates you are a lawful permanent resident of the US and have the right to work.
• Certain combinations of documents: For example, a Social Security card (without employment restrictions) and a driver’s license, or a certified copy of a birth certificate (for US citizens).
• Specific documents related to your visa status: Depending on your visa (e.g., H-1B, L-1, O-1), you might need to provide an approved petition from USCIS and other supporting documentation.

Important Considerations:

• Not all I-94s are created equal. An I-94 alone does not automatically guarantee work authorization. Your immigration status reflected on the I-94 must be one that allows for employment. Visitor visas (B-1/B-2) typically do not allow for employment, for example.
• The employer’s responsibility. Employers are required to verify the identity and employment authorization of all new hires. Accepting an I-94 as temporary proof triggers their responsibility to follow up and ensure you provide sufficient documentation within 90 days.
• Expired I-94 is a red flag. If your I-94 has expired, it cannot be used as temporary proof of work authorization.
• Seek professional advice. If you’re unsure about your eligibility to work based on your I-94 or have any questions about acceptable documentation, consulting with an immigration attorney is always recommended.

In conclusion, while your I-94 can provide a valuable 90-day window to demonstrate your eligibility for employment, it’s essential to understand its limitations. Treat it as a temporary tool, not a long-term solution. By proactively gathering and presenting the necessary supporting documentation, you can ensure a smooth transition into your new role and maintain your legal right to work in the United States.