Managing the immigration status of expatriate employees is a critical task for HR managers, especially in today’s mobile business landscape. With US immigration laws becoming more detailed and precise, staying on top of all the necessary documentation is essential to avoid any legal hiccups.
This involves keeping close track of various immigration-related documents, including Form I-94s, passports, Form I-129S for employees under the L-1 Blanket Visa, and several other critical papers, not just for the employees but also for their family members living in the US.
Tracking Documents Regularly is Key
To ensure your expatriate employees remain compliant with US immigration laws, it’s essential to establish a routine for tracking their immigration documents. This is especially true for the documents mentioned above, as well as, I-797 Approval Notices and visa stickers.
One frequent issue that arises is when an expat employee accidentally overstays their legal status due to an expired passport. This problem typically comes to light when the employee attempts to renew their passport and discovers that their I-94 admission has already expired. This situation has become even more challenging because U.S. Customs and Border Protection (CBP) no longer stamps passports with the authorized duration of stay, making it harder to keep track of status. This means HR managers need to be extra vigilant in monitoring the status of their employees to avoid these situations.
Implement Proactive Measures for Compliance
To prevent employees from falling out of status, HR managers should adopt proactive tracking methods. One effective approach is to conduct an I-94 trace every quarter for all expatriate employees. This can be done through the official CBP website using the employee’s passport biographic page. Keep in mind, however, that the website is only about 90% accurate, so it’s wise to double-check with other documents.
It’s also crucial to keep an eye on passport expiration dates and remind employees to renew them well in advance. If a passport expires before the full duration of an I-94 admission, US CBP officers will issue an admission valid only until the passport’s expiration date, potentially shortening the employee’s legal stay in the US. To avoid this, make sure that employees renew their passports on time, allowing them to stay in compliance with immigration regulations.
For employees on L-1 Blanket Visas, tracking the expiration of Form I-129S is especially important. While the L-1 visa sticker issued in Japan may be valid for up to five years, it’s the Form I-129S expiration date that determines how long the employee can legally work in the US. For instance, if an employee’s L-1 Blanket Visa sticker expires on July 1, 2029, but their Form I-129S expires on May 10, 2026, they can only work in the U.S. until May 10, 2026. Keeping track of these dates is vital to avoid any legal complications.
Ensure Compliance With Help From Valvo & Associates
At Valvo & Associates, we know the importance of keeping your expat employees compliant with U.S. immigration laws. Our firm is here to help you navigate the complex world of expatriate employee management. By partnering with us, you’ll receive expert legal advice and support tailored to your company’s needs, ensuring your expatriate workforce stays in compliance and your business operations run smoothly.
Contact our team at Valvo & Associates today to learn how we can assist you in managing your expat employees’ immigration status effectively. Let us help you protect your business and maintain legal compliance for your workforce in the US.