I-94, EAD and I-797 — proving your status

When you arrive in the United States, you will receive or have created several key documents. Understanding the difference between them—and how to protect them—is essential to maintaining your legal status, proving your right to work, and avoiding serious immigration complications.

The I-94: Your Document of Authorized Stay

The I-94, formally the Arrival/Departure Record, is the most critical document you will receive. It sets the terms of your legal stay in the United States—how long you may remain, when you must leave, and under what status you are admitted. Your visa sticker in your passport is simply permission to travel to the US border; the I-94 is what actually defines your right to be here.

If you entered the US by air or sea, you likely received an electronic I-94 automatically created by US Customs and Border Protection (CBP) during the admission process. You will not have received a physical paper document. If you entered by land, you may have received a paper I-94 card or an electronic record may have been created. In either case, the information is stored in CBP's system and is accessible to you online.

Checking Your I-94 Online

You should retrieve and review your I-94 as soon as possible after entering the US, and every time you travel outside the country and return. You can do this for free using the official CBP I-94 website. To access your record, you will need your name, date of birth, and passport number. The website will return your I-94 number (also called the admission record number), your most recent date of entry, your class of admission (such as F-1 for student, H-1B for temporary worker, B-2 for visitor), and your 'Admit Until' date or status designation.

Print a copy of your I-94 and keep it with your immigration documents. You will be asked to produce it repeatedly—by employers, schools, government agencies, banks, and immigration attorneys. Many people are surprised to learn that the I-94 website exists and has never retrieved their own record. Make this a routine practice.

Understanding 'Admit Until' and 'Duration of Status'

Your I-94 will show either a specific expiration date (labeled 'Admit Until') or the notation 'D/S' (Duration of Status). The meaning of each is very different, and understanding which applies to you is crucial.

If your I-94 shows an 'Admit Until' date, you must leave the United States by that date or file an extension request with USCIS before that date passes. If you overstay by even one day, you will fall out of status, which has serious consequences: you cannot work legally, you may not qualify for most government benefits, you may face deportation, and you will damage your ability to return to the US or adjust to permanent residency in the future.

If your I-94 shows 'D/S' (Duration of Status), it typically applies to students (F-1, M-1) and exchange visitors (J-1). This does not mean you can stay indefinitely. Instead, your authorized stay is tied directly to the conditions of your immigration status. For F-1 students, you may remain in valid status as long as you are enrolled full-time in your degree program, your SEVIS record is active, and you follow all regulations. Once you graduate or stop meeting the terms of your status, D/S ends, and you typically have only a 60-day grace period to leave the country, change status, or begin approved practical training. Always consult your school's international student office about what maintaining D/S status requires.

Correcting I-94 Errors

I-94 errors do occur—misspelled names, incorrect dates of birth, wrong admission dates, or wrong visa class. If you spot an error, act immediately. CBP has a limited online correction portal on its I-94 website for certain types of errors. If your error is not eligible for online correction, you will need to file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, with USCIS. Errors can cause serious problems: employment verification delays, benefit denials, and travel delays. Contact your school's international student office or an immigration attorney if you are unsure how to proceed.

The EAD: Your Work Permit

An Employment Authorization Document, or EAD (officially Form I-766), is a work permit issued by USCIS. It proves that you are authorized to work in the United States for a specific time period. If your visa status or immigration situation does not automatically grant you work rights, you will need an EAD to be hired legally.

Who Needs an EAD?

Not all visa statuses require an EAD. For example, if you hold an H-1B visa (temporary worker sponsored by your employer) or an L-1 visa (intracompany transfer), you are authorized to work for your specific employer as a condition of your status; you do not need a separate EAD. Likewise, if you are a lawful permanent resident (green card holder) or a refugee, you are authorized to work without an EAD.

However, if you are an F-1 student seeking post-graduation work permission, an asylum applicant, a Temporary Protected Status (TPS) holder, a DACA recipient, or in another status that does not automatically grant employment rights, you must apply for an EAD and receive approval before you can legally work. Some visa statuses allow EAD holders to work for any employer; others restrict work to a specific employer or field.

Applying for an EAD

To apply for an EAD, you file Form I-765, Application for Employment Authorization, with USCIS and pay the required fee (unless you qualify for a fee waiver). USCIS will issue a physical EAD card (a plastic card similar in appearance to a credit card) if your application is approved. The card displays your name, an identification number, your category of authorization, and validity dates. The EAD typically remains valid for one to two years, depending on your immigration category.

Important: do not begin work until you have received the physical EAD card in your hands. Before October 2025, the EAD received automatic extensions while a renewal application was pending. As of October 30, 2025, automatic extensions have ended. This means if your EAD expires while your renewal application is still being processed, you will lose work authorization until the renewal is approved. Plan to file your renewal application early—generally no more than 180 days before your current EAD expires.

Using Your EAD to Get Hired

When a US employer hires you, they are required by federal law to verify that you are authorized to work. They will do this by asking you to complete Form I-9 and present documents proving your identity and work authorization. An EAD is a 'List A' document on Form I-9, meaning it proves both your identity and your work authorization on its own. You do not need to present any additional documents to satisfy the I-9 requirements. Your employer will typically photocopy the card for their records.

Keep your EAD card safe and accessible at all times while you are working. If it is lost or stolen, request a replacement immediately; you lack legal proof of your work authorization without it. Many people carry a color photocopy and keep the original in a secure location.

The I-797: USCIS Approval Notices

Form I-797 is not a single document but a family of notices issued by USCIS to communicate decisions about your immigration applications and petitions. Understanding which type of I-797 you have received and what it means is critical, because different I-797s require different actions.

Common Types of I-797 Notices

USCIS may send you several versions of I-797 during your immigration journey. The most important types are:

• I-797A (Approval Notice with Replacement I-94): Issued when USCIS approves an extension of stay or a change of nonimmigrant status while you are already in the US. This notice includes a new I-94 at the bottom with your updated 'Admit Until' date. The I-797A and its attached I-94 define your new authorized period of stay. Treat this as an extremely important document.
• I-797B (Approval of Alien Worker Petition): Issued when USCIS approves a petition for you to work in the US—typically an H-1B, L-1, or similar employment visa petition. Unlike I-797A, the I-797B does not include a new I-94. If you are outside the US when the I-797B is issued, you will need to take it to a US embassy or consulate to obtain a visa stamp before you can travel to the US.
• I-797C (Notice of Action/Receipt Notice): A receipt confirmation that USCIS has received your application or petition. It does not grant any immigration benefit or status. It includes a receipt number that you can use to track your case online. Keep it for your records.
• I-797D (Cover Letter for Benefit Card): Accompanies your EAD card or green card when USCIS mails it to you. It confirms that your application was approved and your card is being delivered. This is not a status document itself.

Keeping I-797 Approval Notices

Any I-797 that represents an approval or a new I-94 should be kept indefinitely with your immigration records. Approval notices serve as legal proof of your status or eligibility, and you will need them repeatedly: when traveling outside the US and re-entering, when changing employers or applying for a visa extension, when buying a home or opening a bank account, or when filing future immigration applications. If you lose an I-797A that contains an I-94, you will need to file a replacement form with USCIS and pay a fee—a process that can take months.

Make color photocopies of all approval notices and carry one set with you when traveling internationally, along with copies of your passport, visa stamp, and I-94. Keep the originals in a secure location such as a home safe or safety deposit box.

Managing Your Documents

Your I-94, EAD, and I-797 approval notices work together to define your legal right to be in the US and to work. Keep all of them organized and accessible. Update your I-94 information every time you enter the US after traveling abroad. Monitor your EAD expiration date and renew it well before it expires. Store all USCIS notices in a durable, organized file. Many immigration problems arise not from legal violations but from lost or unreviewed documents.

Your visa sticker (in your passport) is not your authorization to work or stay. Your status is defined by your I-94 and (if applicable) your EAD. Know the difference, check your documents regularly, and keep them safe.