I Am Not a U.S. Citizen But Live and Work in the United States | What Documents Should I Carry?

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The Immigration and Nationality Act requires every foreign national in the United States over the age of 18 to carry at all times “any certificate of alien registration or alien registration receipt card issued”. Failure to do so is a criminal offense. Under the Interim Final Rule published March 12, 2025, failure to register (if needed) and failure to carry evidence of registration is a misdemeanor with a fine of up to $5,000, imprisonment for up to 30 days, or both.

Failure to notify the Department of Homeland Security in writing of each change of address within 10 days of moving is a misdemeanor with a fine of up to $5,000, imprisonment for not more than 30 days, or both.

For more information, visit https://www.uscis.gov/alienregistration

WHAT IS EVIDENCE OF ALIEN REGISTRATION?

8 CFR 264.1(b) has the list of documents that are considered valid proof of Alien Registration, the most common are listed first:

• Form I-94 Arrival/Departure Record, or a valid unexpired nonimmigrant admission or parole stamp in a foreign passport.
• Form I-766, Employment Authorization Document
• Form I-551, Permanent Resident Card (“green card”)
• Form I-95, Crewman’s Landing Permit for crewmen arriving by vessel or aircraft
• Form I-184, Alien Crewman Landing Permit and Identification Card
• Form I-185, Nonresident Alien Canadian Border Crossing Card -- Citizens of Canada or British subjects residing in Canada.
• Form I-186, Nonresident Alien Mexican Border Crossing Card -- Citizens of Mexico residing in Mexico.
• Form I-862, Notice to Appear--Aliens against whom removal proceedings are being instituted.
• Form I-863, Notice of Referral to Immigration Judge--Aliens against whom removal proceedings are being instituted.
• I-221, Order to Show Cause and Notice of Hearing -- Aliens against whom deportation proceedings are being instituted.
• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien -- Aliens against whom deportation proceedings are being instituted.
• Proof of Registration upon submission of Form G-325R and completion of biometrics.

IF YOU HAVE:

H-1B, L-1, E-1/E-2, TN or other non-immigrant visa: Carry your most recent Form I-94 (tear it off the bottom of your I-797 Approval Notice). If you have traveled, obtain your most recent Form I-94 at https://i94.cbp.dhs.gov/home.

If you don’t want to carry the paper Form I-94, you can take a clear picture of it with your phone and store it in a place where it is readily accessible. IF you also have an entry stamp in your passport, take a clear picture of it along with a photo of your most recent passport visa. Consider making a separate album for immigration documents – remember if you are ever asked by authorities to produce these documents you might be nervous and under stress, so store the photographs in a place on your phone where you can find it easily.

An EAD: Carry it with you in your wallet or purse next to or near your Drivers License.

A Green Card: Carry it with you in your wallet or purse next to or near your Drivers License.

A foreign passport: It is best to carry your passport all the time, but carrying your entire foreign passport every day will subject it to a lot of wear and tear. Get a sturdy cover that will protect it from water and daily use. If you decide to not carry your passport all the time, at a minimum have with you all of the following information saved and available on your phone:

• A scanned copy or clear photo of your passport identity page
• The most recent visa in your passport
• Your most recent Form I-94, and
• Your entry stamp if you have one

At the minimum: Carry your latest Form I-94

When saving documents to your phone, please do not rely on apps that require Internet/Wi-Fi. These should be stored and available offline.

IF YOU MOVE:

Please let your HR manager know! Then go to https://www.uscis.gov/addresschange within 10 days of your move. Please let us know also.

IF YOU WORK FROM HOME AND ARE ON AN H-1B, H-1B1, OR E-3 VISA,
AN AMENDMENT MUST BE FILED PRIOR TO YOUR MOVE.  

IT TAKES US AT LEAST 20 DAYS TO PREPARE AND FILE MOST AMENDMENTS. LET US KNOW WITH AS MUCH ADVANCE NOTICE AS POSSIBLE.

NONCOMPLIANCE WILL RESULT IN A DENIAL OF YOUR VISA.

Failure to notify the Department of Homeland Security in writing of each change of address within 10 days of moving is a misdemeanor with fine of up to $5000, imprisonment for not more than 30 days, or both.

IF YOU HAVE A PENDING EXTENSION:

If an extension of your visa has been filed with the USCIS before it had expired, you are authorized to continue working with the same employer for up to 240 days beginning on the date of the expiration of your Form I-94.  This is called the “240 Day Rule” and can be found in full at 8 CFR 274a.12(b)(20).

In addition to your current yet expired Form I-94, also carry a copy of the I-797 Receipt Notice you were provided after the USCIS received the application to extend your visa.  If you are ever asked, be prepared to tell the authorities that you legally present under the 240 Day Rule.