When may a worker present an I-94 as documentary evidence of identity and employment authorization?
A foreign passport with an I-94 that authorizes work in the job opportunity is listed on Form I-9 as an acceptable combination document under list A. An I-94 is only evidence of employment eligibility if the class of admission allows work in the specific job opportunity. The class of admission on an I-94 indicates the type of temporary visa under which the foreign national was admitted. A foreign worker admitted under a temporary work visa (e.g., H-1B, H-1C, H-2A, H-2B, L-1A, L-1B, O-1, O-2, P-1, P-2, P-3, Q-1) is only allowed to work for the employer that filed a subsequently approved I-129 petition with USCIS. Furthermore, the worker is only allowed to work in the specific job opportunity for which USCIS approved the I-129 petition. Any person admitted to the United States under a temporary work visa (including H-2A) will report directly to the petitioning employer, and will not need to apply with a SWA for referral. There are only a few classes of foreign nationals for which an I-94
