November 28, 2022

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The United States Customs and Border Protection (CBP) agency performs inspections at the US borders. Recently, the CBP announced it intends to stop issuing entry stamps on the passports of foreign nationals arriving in the US. While already in place in several airports, the CBP plans to implement this change at additional ports of entry.

In the past, foreign nationals arriving by sea or air would receive a Form I-94 or passport entry stamp after inspection. When the CBP began using electronic I-94s, the passport stamp became very important as a physical record of a foreign national’s right to be in the country. In addition, it provided the foreign national’s date of entry, the location code of the port of entry, the holder’s visa category, and the duration of stay.

Some ports of entry still issue passport stamps but will soon stop, requiring foreign nationals to use electronic I-94s. Foreign nationals should quickly check this form and ensure its information is accurate, especially the expiration date and immigration status. If a foreign national wants a copy of their I-94, they can go to the CBP mobile app or CBP I-94 website to print one. Furthermore, foreign nationals can request a physical copy at the port of entry during the inspection, though they must take additional steps.

Effects on Foreign National Employees and Employers

Suppose a foreign national has a foreign passport with an entry stamp. In that case, the foreign national can use it to prove their identity and employment authorization for the employment eligibility verification process (Form I-9). However, with the passport stamps discontinuing, foreign nationals currently authorized to work through their employer must use an electronic I-94 as evidence of their lawful status when completing Form I-9. The I-94 is essential for determining the immigration status and expiration date for Form I-9 rather than a notice of approval or a visa. If an I-94 and notice of approval differ, foreign nationals should use the I-94’s expiration date when filling out Form I-9.

Final Thoughts

As this shows, completing Form I-9 can prove complicated due to the various documentation available. The easiest way to complete Form I-9 and ensure it is correct is to use an electronic I-9 management system. This system will guide employers through the process, safely and securely storing the form and any accompanying documentation.

AAutomate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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