Proving Your Status: the I-94 Record and What Employers Actually Check

The visa says when you may travel; the I-94 says until when you may stay. When they disagree, the I-94 governs your status.

Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she advises Russian- and Ukrainian-speaking clients on immigration filings and case strategy, in English and Russian.

The Visa and the Status Are Different Objects

A visa is a travel document issued by a consulate abroad. It says during what period you may present yourself at a port of entry. It says nothing about how long you may stay.

Your permitted stay is set at entry and recorded in the I-94 admission record. When the two disagree — an expired visa with a valid admission, or a valid visa with an expired admission — it is the I-94 that governs whether you are in status.

The Three Fields That Matter

The admission date, the class of admission, and the "admit until" date. The class tells you which rules apply to you; the until date tells you when the permission ends. Together they answer almost every practical question about your status.

Check that the class matches the visa you used. A mismatch happens, and it is far easier to correct in the days after entry than months later when a filing depends on it.

What D/S Means

Some admissions show D/S — duration of status — instead of a date. That means the stay is tied to the underlying activity rather than to a fixed day: typically, remaining in status for as long as you comply with the terms of the program. The absence of a date is not an absence of limits, and it makes the compliance conditions the thing to watch instead of the calendar.

Check It After Every Entry

The record is created at each admission, so it changes with every trip. Retrieve and read it after each entry, save a copy, and compare the until date with what you expected. Errors — a wrong class, a shorter period than intended — are correctable, and the correction is straightforward while the entry is recent.

Who Looks at This

Employers verifying work authorization, agencies adjudicating filings, and state offices issuing licences all rely on this record rather than on the visa. When someone says your document expires on a date you do not recognise, the I-94 is usually what they are reading.

Frequently Asked Questions

What is the difference between my visa and my I-94?

The visa is a travel document allowing you to seek entry during its validity; the I-94 records the admission and states how long you may stay. Status follows the I-94.

My visa expired but my I-94 has not. Am I out of status?

Not on that basis alone. An expired visa affects future travel; the authorized stay is what the I-94 shows.

What does D/S mean on my record?

Duration of status: the stay is tied to compliance with the terms of your program rather than to a fixed date. Limits still apply, they are simply conditional rather than calendar-based.

There is a mistake on my I-94. Can it be corrected?

Yes, and it is much simpler soon after entry than later. A wrong class of admission or a shortened period should be addressed before a filing depends on it.

Do I need to check it after every trip?

Yes. A new record is created at each admission, so the class and the until date can change from one entry to the next.

How much is the initial consultation?

$200 for 30 minutes, in English or Russian. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule, or start with the intake form.

This article is informational only and is not legal advice. Immigration rules, fees and processing times change; confirm current requirements with the agency or with counsel before relying on anything here.