What should we do if an employee has missing I-94 information?
Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?
A: Don’t panic. The information is probably available online. The US Customs and Boarder Protection shifted Form I-94 to an electronic version in the last two years; the agency no longer issues paper forms. All travelers may access the I-94 Automation website at www.cbp.gov/i94 to retrieve an official I-94 printout. In your situation, ask your employee to access the automated site to obtain their Form I-94. Once he provides the I-94 information, update the I-9 Form as needed, including your initials and a brief explanation of the correction. If your employee is unable to access the I-94 information (and you believe a good faith determination of document validity was made on the first I-9 Form) have him bring in an alternate List A or B and C documents. If this happens, fill out a new I-9 Form and attach the old form to the new form with an explanation. I-9 audits, along with corrections, can be complicated and confusing. If you have any questions on correcting I-9 Forms or audit best practices, please contact your Vigilant attorney.