I am an employer filling out Section 2 or 3 of an I-9 for an employee who can only use their foreign passport and I-94 document as a List A document. What do I do if they do not have the paper I-94?

The list of acceptable I-9 documents has been expanded to include both the original paper I-94 card and the electronically-generated copy of the I-94 card, and now also references the I-94A, which is the version of the paper I-94 card provided at land borders.

In order to remain in compliance with the non-discrimination provisions of employment law, an employer may not ask an employee to present a specific document for I-9 purposes. Therefore, an employer may not ask an employee to print out the I-94 card. However, in some situations the I-94 card will be required in order to document the individual’s work authorization. If an employee in this situation does not present the I-94 card, the employer may just state that the documentation the employee has provided is not sufficient for I-9 purposes, and if they want to provide an I-94 card, the employee may obtain it online via www.cpb.gov/i94.

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