Employment Based Immigration Handbook
III. H-1B information and regulations for the foreign national employee
III.1 Overview of Important Documents for Foreign National Employees
Passport: Passports must be valid throughout the employee’s time in the United States and at
least six months beyond the duration of stay. Individuals with an expired passport
may be denied re-entry into the U.S. after a trip abroad. Please contact the responsible
consulate or embassy directly to apply for an extension or renewal of passports.
H-1B Visa: H-1B visitors, unless visa exempt, are required to obtain a valid H-1B visa stamp at a U.S. embassy or consulate abroad in order to enter the U.S. The visa will show an expiration date. If the visa expires while the employee is in the U.S., it may not be a problem as long as the I-94 is valid. However, it is important to have a valid visa when re-entering the U.S. after leaving the country. An H-1B entry visa can only be obtained at a U.S. embassy or consulate abroad.
I-94 (Arrival—Departure Record): The I-94 record shows the employee’s nonimmigrant status, date and place of entry to the U.S., a unique I-94 admission number, and an “admit until” date. The “admit until” date on the I-94 typically matches the expiration date on the I-797 Approval Notice of the H-1B petition. The date on the I-94 controls the authorized length of stay but does NOT grant work authority.
Note: The electronic arrival/departure record can be obtained by entering requested information at Department of Homeland Security (DHS). The employee is responsible for maintaining valid status during their stay. Get your most recent I-94 at DHS's I-94 page.
Go to the next section: III.2 Employee Information and Responsibilities