On August 5, 2025, Tyeshia Miller-Williams, Acting Assistant Director of the Office of Partnership and Engagement at USCIS, issued a letter responding to concerns raised by Michael Marsh, President of the National Council of Agricultural Employers (NCAE), regarding the document-carrying obligations of H-2A visa holders under 8 U.S.C. § 1304(e). 

The statute requires all aliens to carry proof of registration “at all times,” which for most H-2A workers means a paper Form I-94. NCAE noted the practical challenges this poses in agricultural settings, particularly given USDA food safety regulations that discourage or prohibit carrying paper documents in the field. 

In her response, Ms. Miller-Williams confirmed that: 

“ICE officers and agents treat an electronic copy of registration as satisfying the alien’s obligation to keep the evidence of registration on his or her person, period. Similarly, ICE officers and agents are to treat an electronic Form I-94 as satisfying an alien’s obligation to carry evidence of registration. If an alien does not have a copy of the registration document on his or her person but it is readily accessible (e.g., the alien is at work and the registration document is in the alien’s car), ICE officers and agents are to treat this as constructive possession and consider the alien to have satisfied his or her obligation to keep the registration form on his or her person.” 

This clarification is welcome news for agricultural employers and H-2A workers, as it provides flexibility while remaining compliant with federal law. Workers can now meet the requirement by keeping an electronic copy on a phone or other device, or by having the document readily accessible nearby, without fear of being found in violation solely for not carrying the paper form in the field. 

We thank NCAE for seeking this guidance on behalf of the industry. A copy of the USCIS letter is available here.