At Farmer Law PC, we regularly remind clients that entering the U.S. legally does not automatically mean a worker is in full compliance with immigration regulations. One of the most important—but often overlooked—documents in confirming lawful status is the Form I-94. In a recent webinar, our legal team walked through why the I-94 is critical for maintaining workforce compliance and avoiding costly mistakes.
The I-94: A Key Document for Employment Eligibility
The I-94 serves as the official record of a noncitizen’s admission to the U.S. It confirms the date of entry, visa classification (such as H-2B or TN), and the expiration date of authorized stay. Even if a worker enters the U.S. with a valid visa, their I-94 ultimately determines how long they are allowed to remain and work in the country.
Our attorneys emphasized the importance of checking each worker’s I-94 immediately upon their arrival to the job site or employment location. Doing so helps ensure there are no clerical errors that could later jeopardize a worker’s status—especially if that worker may transfer to a new job within the U.S. Delays in correcting mistakes can lead to compliance risks, and with processing times increasing, early review is more critical than ever.
Common I-94 Issues and Seasonal Spikes
The legal team also noted an uptick in I-94 errors in 2025, particularly in the H-2 programs. These errors may include incorrect durations of stay, dates that do not align with visa approvals, or entries that default to a shorter period due to a worker’s passport expiration. Such issues tend to increase during peak travel seasons like summer and the winter holidays, when border agents are managing higher volumes of arrivals.
Employers should also understand the role of the grace period. For example, an H-2B worker may complete their contract at the end of November but have an I-94 that lists an expiration date in mid-December. While this extended period allows the worker to lawfully remain in the U.S. to prepare for travel or pursue a transfer, it does not authorize continued employment beyond the job order’s official end date.
Recommended Compliance Practices
To help employers stay ahead of compliance issues, Farmer Law PC recommends the following:
We’re Here to Help
Whether you’re managing H-2B, TN, or other temporary visa holders, staying compliant with federal requirements demands attention to detail and proactive monitoring. If your team has questions about I-94s, grace periods, or legal status verification, the attorneys at Farmer Law PC are available to help.
Contact us to learn how we can help your company develop strategic, long-term staffing strategies.
The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
