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Sunday, June 30, 2013

USCIS Gives Employers I-9 Instructions for Automated I-94 Arrival/Departure Records


Customs and Border Protection (CBP) automated the Form I-94, Arrival/Departure Record, process at air and sea ports beginning on April 30, 2013. CBP officers 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 from the Admission (I-94) Number Retrieval online system https://i94.cbp.dhs.gov/I94/request.html
The CBP has provided the following I-94 information to employees and employers[1]:

“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)N employees 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.” 






[1] U.S.C.I.S. “What’s New”(May 24,  2013), found online at www.uscis.gov.