Executive Summary
- Post-Travel Risk: International travel generates a new I-94 record, which can unexpectedly shorten an employee's work authorization date.
- Rule: If the new I-94 changes or shortens the employee's work authorization date, you must update the I-9.
- Pre-Travel Strategy: Employees should travel with passports valid for at least six months and ensure their digital profiles align with their visa status to avoid CBP border delays.
- Consistency Standard: Apply your travel and I-9 workflows consistently across all employees on temporary work visas to prevent discriminatory practices.
Why Post-Travel Compliance is Important
When a foreign national employee travels internationally, their work authorization dates are at the mercy of the border officer upon their return. Here is the typical timeline of how this unfolds and why HR must intervene:
- Step 1: The Return: When an employee re-enters the United States, Customs and Border Protection (CBP) issues a new I-94 record. This document dictates their current authorized period of stay.
- Step 2: The Passport Trap: CBP officers often match the I-94 expiration date to the employee's passport expiration. For example, if an employee has an H-1B visa valid until 2029 but a passport expiring in three months, their new I-94 will expire in three months. Their legal authorization to work in the U.S. now ends in three months instead of three years.
- Step 3: The HR Check: HR leaders must review the new CBP I-94 upon the employee's return.
- Step 4: The I-9 Update: If the new I-94 changes or shortens the employee's work authorization date, you must update the I-9 (Supplement B). Reverification should occur before the new work authorization expiration date. Many HR teams complete this check within a few business days of the employee's return to prevent any compliance gaps.
How to Find the Correct Expiration Date
Finding the right date to verify depends on the employee's current immigration status.
When You Do NOT Need to Reverify
Over-compliance can be just as problematic as under-compliance. You do not need to update the I-9 or complete Supplement B in the following scenarios:
- Dates Match: If the new I-94 matches the previously documented expiration date, you do not need to reverify.
- Permanent Residents: If the employee is a Lawful Permanent Resident (Green Card holder), you do not reverify their status even if they travel.
- Valid EADs: If an F-1 student presented an unexpired EAD for their initial I-9 and it remains valid, their travel does not trigger a reverification requirement for the EAD itself.
Critical Anti-Discrimination Reminder: Apply this workflow consistently to all employees on temporary work visas (such as H-1B, L-1, TN, or F-1 OPT) to avoid discriminatory document practices under I-9 regulations.
Pre-Travel Checks to Protect Your Employees
To prevent I-94 date truncation and border delays, HR should implement a structured pre-travel screening process. When an employee requests international leave, ask them to complete a travel questionnaire, noting their dates, destinations, and if they need to book a new visa stamping appointment.
1. Passport and Document Verification
- Ensure the employee's passport is valid for at least six months beyond their intended return date.
- Require them to carry physical proof of their employment.
- It is a good idea to provide them with their original I-797 approval notice, a letter confirming continuity of employment, and their last three months of pay stubs.
- CBP is increasingly asking for concrete proof of continuous employment at the border.
2. Social Media and Digital Footprint Alignment
- Border officers have broad authority to review a foreign national's digital presence, often without a warrant.
- Advise your employees to ensure their public profiles are professional and accurate. Their LinkedIn profile should closely align with their approved petition job description and title.
- Remind employees not to carry confidential company intellectual property on their devices unnecessarily.
- Ensure they understand that any communications regarding unauthorized side work or informal employment arrangements can complicate their reentry and should be strictly avoided.
3. Establish a Border Communication Plan
- Foreign national employees do not have the right to a phone call if they are placed in secondary screening at the border.
- CBP typically does not engage outside counsel during primary or secondary inspection.
- Establish a clear focal point of contact within your HR team that the employee can text or call directly if they experience unexpected delays.
Automating the Compliance Workflow with WayLit
Tracking these moving dates manually across spreadsheets and calendar alerts is stressful and prone to errors. You can build this compliance tracking directly into your Human Resources Information System (HRIS) or leverage an immigration management platform like WayLit.
Using Your HRIS:
- Create a specific leave category for international travel.
- Set up a workflow rule so that when this leave type is approved, the system automatically sends the employee your pre-travel checklist and international travel policy.
- Set a trigger for one day after their scheduled return date to automatically schedule a brief meeting or send an alert to collect their new CBP I-94.
Using WayLit: WayLit automates this entire process. As an immigration platform built for HR teams, WayLit tracks when your employees travel and automatically prompts them to upload their new CBP I-94 upon return. The system then evaluates the new expiration dates and sends HR an alert specifically when an I-9 reverification is required, keeping you fully compliant without the manual administrative burden.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration rules and evidentiary standards are complex and subject to change. We strongly recommend consulting with qualified immigration or labor law counsel regarding your specific cases.
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