What US Employers Need to Know about Recent I-94 Issues After International Workers Return to the U.S. on H-1B, L-1, or TN Visas

What US Employers Need to Know about Recent I-94 Issues After International Workers Return to the U.S. on H-1B, L-1, or TN Visas

What US Employers Need to Know about Recent I-94 Issues After International Workers Return to the U.S. on H-1B, L-1, or TN Visas

US Employers need to ensure that I-94 for their international employees entering in H_1B, L-1, or TN visas are issued correctly to avoid inadvertent violation of immigration law.  This has to do with  the U.S. Customs and Border Patrol (CBP) issuing  electronic I-94s to reflect the correct visa status and for the correct amount of time.  While in most cases, CBP records the correct status and validity dates, recently we have seen some cases where Sometimes CBS issued I-94 for the wrong classification and for the wrong date.  Employees need to check their I-94 immediately upon entry.

Recent Issue with I-94 – TN Animal Scientist Issued Incorrect I-94 after Travel to Mexico

We recently assisted a US employer with correcting a wrong TN-based I-94 for a TN animal scientist returning to the US to continue working for the US employer after a short vacation in Mexico.  Prior to leaving the US, the employee had a TN approved until August of 2027, with a valid I-94 until then August of 2027.  When he entered the US, CBP incorrectly updated his electronic I-94 to reflect an October of 2025 TN-2 end date, making the employer ineligible to employ the worker being October 2025 date. We asked the employee to check the I-94 immediately upon entry, identified the error and asked CPB to correct it. CBP issued a updated record to 2027. If we had not caught this in time, the employer would have not be eligible to employ the worker without realizing it.

Second Recent Issue with I-94:  L-1A Executive Admitted with Incorrect B Visa instead of L-1A at US/Canada Detroit Port of Entry

A US employer’s L-1A executive recently entered the US from Canada via the Detroit port of entry. Upon our instructions, the executive checked his I-94 immediately upon entry, and we noticed he was incorrectly admitted on B-1/B-2 (employment not allowed) instead of L-1A (executive employment in the U.S.).  In this case, because the mistake  was caught it within minutes of his entry, he was able to return to the port of entry, explained to the CBP officer he needed to enter on his L-1A, and the issue was resolved quickly.  The CBP officer properly recorded his L-1A entry, and the employer was able to employ the executive as planned without violating the law.   

Recommendations:

Employers should alert their international employees to check their electronic I-94s immediately after US entries and reach out to their Employers and Employer’s business immigration counsel if they notice their I-94s have been shortened or if they notice the incorrect visa type is recorded.  Normally the Employer’s business immigration attorneys can assist with seeking a corrected I-94, if needed.  If an I-94 cannot be corrected, the employer may need to file a new petition for extension of status to ensure continuing work authorization.

As always, employers should check with their business immigration attorney for specific legal advice.

Leyla McMullen, Corporate Immigration Lawyer

Mdivani Corporate Immigration Law Firm

lmcmullen@uslegalimmigration.com

The information on this website is for general information purposes only. It is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship. As always, it is important to consult with an immigration attorney with experience handling H-1B and Green Card process for healthcare positions.