What an H-2A Worker's I-94 "Admit Until Date" Means and How to Use It On The I-9 Form

January 21, 2024

The I-94 "Admit Until Date" is used to verify an H-2A worker's immigration status and work authorization in the United States. When filling out the I-9 form, the I-94 "Admit Until Date" can be used to determine the expiration date of the worker's employment authorization.

Here's how to use the "Admit Until Date" on the I-9 form:

  1. Section 1: The employee fills out this section. They should enter their personal information and select the appropriate immigration status. If they are an H-2A worker, they will select "An alien authorized to work until" and enter the "Admit Until Date" from their I-94 as the expiration date. In agriculture we often fill out this section on behalf of the worker, but the same steps will apply when you do it.
  2. Section 2: The employer fills out this section within three days of the employee's first day of work. The employer should review the employee's documents and record the document title, issuing authority, number, and expiration date (if any). For H-2A workers, this will typically include their foreign passport and I-94. The "Admit Until Date" from the I-94 should be recorded as the expiration date of the employment authorization.

Remember, the I-94 "Admit Until Date" is not the same as the visa expiration date. The visa expiration date is the last day that the worker can use the visa to enter the U.S., while the I-94 "Admit Until Date" is the last day that the worker is authorized to stay in the U.S. For I-9 purposes, you should use the I-94 "Admit Until Date" as the expiration date of the employment authorization.

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Author

James Christopher Hall

For 5 years, as the co-owner of Harvust, James has built farm labor management tools. Every year he spends a day working in the fields of Harvust customers to understand the problems they and their employees face. James has seen first-hand the needs of thousands of farmworkers, and the human resources professionals that they rely on. That experience drives him to continue working to make managing farm labor better for employers and employees.