DHS Confirms Electronic I-94s Are Permissible

In response to concerns raised by NCAE to Department of Homeland Security (DHS) regarding the requirement that H-2A workers carry physical copies of their work authorization documents even while working in the fields, DHS issued a letter confirming that ICE officers have been directed to accept an electronic copy of a worker’s’ I-94 as satisfactory evidence of registration. Beneficiaries of in-country transfer petitions should retain a copy of their new paper I-94 from the I-797A Approval Notice. 

DHS’s lack of clarity regarding its official position on this issue and the uptick in ICE raids at the workplaces of agricultural employers led to significant concerns for H-2A employers regarding whether workers should carry physical copies of their documents establishing their lawful presence and work authorization in the U.S. Based on this recent guidance, workers can have confidence that electronic I-94’s, along with their passport and H-2A visa, will be given proper recognition as evidence of lawful H-2A status and registration

While DHS’s letter above provides that all ICE officers have received internal policy guidance to accept electronic I-94s, it is advisable for employers to distribute electronic copies of the letter to their crew leaders and drivers in case an ICE officer or other law enforcement agent is unaware of this policy. Educating the inspecting officer/agent is often necessary to ensure employers’ and workers’ rights are not infringed upon.