Answered October 2026

If your attached I-94 shows a current U-1 grant, you already have a physical I-94 and may use it with separate identity evidence for work without waiting for your EAD.

“I received my I-797A for a U-1 Visa with the I-94 attached, but the Utah DMV is asking for a 'physical copy' of the I-94 and an unexpired home country passport to renew my driver's license. My employer is also asking for a physical I-94 to let me work, even though my EAD is pending. How do I get a physical I-94, and do I need my EAD to work?”

Summary

You already have the paper I-94 if it is still attached to your I-797A. The difficult part is Utah’s document review, not a need to wait for your EAD before you have permission to work.

Your work paperwork and Utah license renewal are separate decisions, with different options depending on which documents you actually have.

Use the I-94 already attachedalready yours

If you still have the original I-797A with its U-1 , bring that paper approval and attachment to both offices. USCIS says it includes an I-94 with an in-country U-1 approval and describes Form I-797A as a replacement Form I-94; a separate CBP printout is not required to create the USCIS-issued document. (USCIS Policy Manual, Vol. 3, Pt. C, Ch. 7; USCIS, Form I-797 Types and Functions.)

Work with I-94 plus identitywork now

Present your current U-1 I-94 as and an acceptable identity document, such as a qualifying unexpired state driver’s license or ID. USCIS explicitly names U-1 holders among people who may present an I-94 as List C; your EAD need not arrive first. If your EAD does arrive, the photo EAD is a separate option. (USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2; USCIS M-274, §§ 13.1–13.3.)

Renew with Utah identity alternativesstate review

If you have an unexpired passport, submit it with evidence of your most recent U.S. admittance and your U-1 approval/I-94 for review. If you lack an unexpired passport, Utah Admin. Code R708-41-4(1)(l) lists a foreign birth certificate, with a certified translation if needed, as an identity option; subsection (m) allows alternate documents approved by DHS or the division director or designee. Submit your U-1 approval/I-94 separately as federal status evidence. Utah’s narrower checklist may prompt further review, so neither route guarantees issuance. (Utah Admin. Code R708-41-4(1)(k)–(m), R708-41-5(2)–(3); Utah DLD, Required Documents for Non-U.S. Citizens.)

Replace a genuinely lost I-94if lost

Only if the USCIS-issued attachment is lost, request a replacement on Form I-102 from USCIS. The CBP online I-94 retrieval instruction concerns an electronic admission record issued at an air or sea port, not a new copy of your USCIS approval attachment. (USCIS, Form I-102; USCIS Policy Manual, Vol. 11, Pt. F, Ch. 2.)

Wait for the EAD as a prerequisitenot required

You do **not** have to wait for the card before being authorized to work or before using the U-1 I-94-plus-identity Form I-9 route. An EAD can, however, serve as a single document for work and is expressly listed on Utah’s identity checklist if it arrives. (8 CFR 214.14(c)(7); USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2; Utah DLD, Required Documents for Non-U.S. Citizens.)

These routes assume the attached I-94 records a current grant of U-1 status, rather than only a pending U-visa petition.

Read the full explanation

Watch out for

Work permission is not the same as work paperworkYour granted U-1 status authorizes you to work, and USCIS expressly allows a U-1 as evidence for Form I-9—but you must also present an acceptable identity document. A pending initial EAD application is not itself the work document. (8 CFR 214.14(c)(7); USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2; USCIS M-274, § 4.4.)
The passport-plus-I-94 rule is differentDo not rely on the Form I-9 passport-plus-I-94 provision meant for people authorized to work for a specific employer. USCIS identifies the U-1 I-94 as evidence instead, paired with separate identity evidence. (8 CFR 274a.2(b)(1)(v); USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2.)
Utah’s checklist is narrower than its ruleUtah’s public checklist says an unexpired foreign passport must have a valid visa and I-94. The state’s effective July 8, 2025 administrative rule instead lists a passport with SAVE-verified evidence of most recent admittance, a foreign birth certificate as an identity option, and director-approved alternate documents; it does not say every applicant must have a current visa stamp. Ask DLD to apply R708-41-4 to your renewal, but do not assume it will accept a particular document without review. (Utah DLD, Required Documents for Non-U.S. Citizens; Utah Admin. Code R708-41-4(1)(k)–(m).)
A limited-term license is not a regular licenseThe rule’s special identity option for an existing Utah license specifies a *regular* license or ID issued on or after January 1, 2010, for renewal or duplication. Do not assume that clause covers your existing ; use the rule’s other identity options or seek alternate-document approval. (Utah Admin. Code R708-41-4(1)(i), (l)–(m).)
Avoid an unnecessary replacement feeIf the USCIS-issued I-94 remains attached to your I-797A, take that actual paper document; you do not need to pay for another solely because someone asked for a physical I-94. If it is genuinely lost, the October 1, 2026 fee schedule lists $560 for Form I-102 plus a separately payable $24 I-94 fee; a qualifying fee waiver cannot waive that statutory $24 fee. (USCIS, Form I-797 Types and Functions; Form G-1055, Oct. 1, 2026.)

Next steps

Use the document you already received first, replace it only if it is lost, and handle work and licensing as separate applications.

First

Locate the U-1 I-94 attached to your I-797A

Keep the original USCIS notice and attached paper I-94 together and take them to the employer and Utah DLD. USCIS says an in-country U-1 approval includes an I-94; the CBP electronic-record website is not how you obtain an additional USCIS approval attachment. (USCIS Policy Manual, Vol. 3, Pt. C, Ch. 7; USCIS, Form I-797 Types and Functions; Form I-102.)

Requirements

Original Form I-797A approval notice
Attached Form I-94 showing U-1 and its validity dates

Only if lost

File Form I-102 only if the USCIS I-94 is missing

Mail Form I-102 to USCIS Attn: NFB, P.O. Box 21281, Phoenix, AZ 85036-1281 by USPS, or USCIS Attn: NFB (Box 21281), 2108 E. Elliot Rd., Tempe, AZ 85284-1806 by courier. The October 1, 2026 schedule lists $560 plus a separate $24 I-94 fee ($584 total); if your passport is unavailable, explain why and include other identity evidence. Do not file or pay simply to obtain another copy while your attached original exists. (USCIS, Form I-102 and Instructions; Form G-1055; Direct Filing Addresses for Form I-102.)

Requirements

Signed Form I-102
Copy of government-issued ID showing legal name and date of birth
Passport and admission evidence if available; otherwise an explanation and available identity/status evidence
Separate fee payments if applicable

For your employer

Present the I-94 with an identity document for Form I-9

Offer the U-1 I-94 as work evidence and your qualifying state license or ID as identity evidence. USCIS specifically authorizes this U-1 combination; an employer may not insist on an EAD instead of acceptable documents. If your photo EAD arrives, it can be offered alone as . A receipt for a pending *first* EAD does not replace this documentation. (USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2; USCIS M-274, §§ 4, 4.4 and 13.)

Requirements

Current U-1 I-94
An acceptable unexpired List B identity document, such as a qualifying state driver’s license or ID

Up to six months before expiration

Submit your limited-term renewal documents to Utah DLD

Start at https://dldapply.ps.utah.gov/?appt=limited-term&immigration=auto and submit the immigration and identity documents before the office appointment. If the passport/valid-visa checklist does not fit, identify Utah Admin. Code R708-41-4(1)(k)–(m) in the submission and request review of your birth certificate or another director-approved identity document; include the I-797A/I-94 for status verification through . The state rule permits these routes, but approval of your particular record is not automatic. (Utah DLD, Limited-Term Web Portal and Required Documents; Utah Admin. Code R708-41-4 and -5.)

Requirements

Current Utah limited-term license
I-797A with attached U-1 I-94
Unexpired passport and admission evidence if available, or foreign birth certificate with certified translation if needed
Social Security card or DLD-listed document showing full number
Two Utah-address documents dated within 90 days if required for your address

After DLD’s verification message

Complete the renewal at the Driver License Division

After the portal sends appointment instructions, attend the Utah Driver License Division appointment, present the documents and complete the eye test. A limited-term renewal cannot be finished online; Utah lists the fee as $32, or $27 at age 65 or older. (Utah DLD, Limited-Term Web Portal; Limited-Term Renewal.)

Requirements

DLD appointment message or confirmation
Original documents submitted for review
Current Utah limited-term license
$32 renewal fee, or $27 if age 65 or older

Legal sources

This answer draws on USCIS regulations and policy, USCIS Form I-9 and I-102 instructions, Utah’s Driver License Division, and Utah Administrative Code R708-41.

USCIS, Form I-797: Types and Functions

USCIS identifies the I-797A as the notice carrying replacement I-94 documentation.

USCIS, Form I-797: Types and Functions

I-797A table entry

Issued to an applicant as a replacement Form I-94.

Read the full text

USCIS Policy Manual Vol. 3 Pt. C Ch. 7

An in-country U-1 approval comes with USCIS-issued I-94 evidence.

USCIS Policy Manual Vol. 3 Pt. C Ch. 7

Approval of U Nonimmigrant Status

USCIS also includes an Arrival-Departure Record (Form I-94), indicating U-1 nonimmigrant status.

Read the full text

8 CFR 214.14(c)(7)

A granted U-1 principal is authorized to work by status, while USCIS separately issues an EAD.

8 CFR 214.14(c)(7)

(c)(7)

An alien granted U-1 nonimmigrant status is employment authorized incident to status. USCIS automatically will issue an initial Employment Authorization Document (EAD) to such aliens who are in the United States.

Read the full text

USCIS Policy Manual Vol. 10 Pt. A Ch. 2

USCIS expressly permits U-1 holders to use their I-94 as Form I-9 List C work evidence.

USCIS Policy Manual Vol. 10 Pt. A Ch. 2

A. Authorized to Work for Any Employer Based on Status or Circumstances

Asylees, spouses of U.S. citizens or children of such spouses (K-3 and K-4 nonimmigrants), victims of severe forms of trafficking in persons (T-1 nonimmigrants), spouses of E nonimmigrants (E-1S, E-2S, or E-3S nonimmigrants) with limited exceptions, [**[32]**]() spouses of L nonimmigrants (L-2S nonimmigrants), and victims of qualifying criminal activity (U-1 nonimmigrants) and certain qualifying family members (U-2, U-3, U-4, and U-5 nonimmigrants) may present their Arrival/Departure Record (Form I-94) [**[33]**]() as acceptable evidence of employment authorization under [List C of Employment Eligibility Verification (Form I-9)](https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents) . [**[34]**]()

Read the full text

USCIS Policy Manual Vol. 10 Pt. A Ch. 2

The I-94 is work evidence but does not by itself satisfy the I-9 identity requirement.

USCIS Policy Manual Vol. 10 Pt. A Ch. 2

A. Authorized to Work for Any Employer Based on Status or Circumstances

However, aliens seeking employment in the United States who present their Form I-94 to an employer as evidence of employment authorization must also present a document to show evidence of identity. [**[35]**]() The Form I-94 is not evidence of identity and for the categories of aliens listed above can be presented as evidence of employment authorization.

Read the full text

USCIS Handbook for Employers M-274, § 4

The employer cannot insist on its preferred I-9 document when the employee offers acceptable documents.

USCIS Handbook for Employers M-274, § 4

Completing Section 2

You cannot specify which documentation an employee will present from the Form I-9 Lists of Acceptable Documents.

Read the full text

USCIS Handbook for Employers M-274, § 13.3

A work-restricted Social Security card is not a substitute List C document.

USCIS Handbook for Employers M-274, § 13.3

13.3, item 1

Restricted Social Security cards are not acceptable as List C documents.

Read the full text

USCIS Handbook for Employers M-274, § 4.4

The ordinary I-9 receipt provision concerns a replacement document, not a pending first EAD.

USCIS Handbook for Employers M-274, § 4.4

Acceptable Receipts

A document that shows an employee applied to replace a lost, stolen, or damaged document.

Read the full text

Utah DLD, Required Documents for Non-U.S. Citizens

Utah’s public-facing checklist states the stricter passport-and-valid-visa combination.

Utah DLD, Required Documents for Non-U.S. Citizens

Category 1: Identity and Date of Birth

Unexpired foreign passport with a valid visa and I-94 verified through SAVE.

Read the full text

Utah Admin. Code R708-41-4(1)(k)

Utah’s effective administrative rule states a passport-and-admission-evidence route without expressly requiring a current visa stamp.

Utah Admin. Code R708-41-4(1)(k)

R708-41-4(1)(k)

(k) an unexpired foreign passport with documentary evidence of the applicant's most recent admittance into the United States verified through SAVE;

Read the full text

Utah Admin. Code R708-41-4(1)(l)–(m)

The rule names a foreign birth certificate and permits approved alternate identity documents.

Utah Admin. Code R708-41-4(1)(l)–(m)

R708-41-4(1)(l)–(m)

(l) a foreign birth certificate or unexpired foreign passport, including a certified translation if the document is not in English; or (m) alternate documents may be accepted if approved by DHS or the division director or designee.

Read the full text

Utah Admin. Code R708-41-4(1)(i)

The existing-license identity route is expressly limited to specified regular Utah credentials and renewals or duplicates.

Utah Admin. Code R708-41-4(1)(i)

R708-41-4(1)(i)

(i) a regular driver license, commercial driver license, or identification card that has been issued by the Utah Driver License Division on or after January 1, 2010, which is only acceptable for renewal or duplicate certificates and may provide evidence of both lawful presence and identity;

Read the full text

Utah Admin. Code R708-41-5(2)–(3)

Utah separately requires evidence of lawful entrance or federal immigration status.

Utah Admin. Code R708-41-5(2)–(3)

R708-41-5(2)–(3)

(2) a document issued by the federal government that verifies lawful entrance into the United States verified through SAVE; (3) unexpired immigrant or nonimmigrant visa status for admission into the United States issued by the federal government;

Read the full text

Utah DLD, Limited-Term Web Portal

DLD requires pre-submission of documents for its limited-term process.

Utah DLD, Limited-Term Web Portal

Limited-Term Web Portal

The "Limited-Term Web Portal" is where you need to submit your documents online **_before_** your appointment.

Read the full text

Utah DLD, Limited-Term Renewal

Utah permits early application but requires the actual limited-term renewal to be completed in person.

Utah DLD, Limited-Term Renewal

Limited-Term Renewal

You can renew your Utah limited-term driver license up to six months prior to its expiration date. Limited-term license holders are not eligible to renew online.

Read the full text

Utah DLD, Limited-Term Renewal

Utah states the adult limited-term renewal payment and older-adult discount.

Utah DLD, Limited-Term Renewal

Arrive for Your Appointment

Pay the non-refundable fee of $32.00 (65 and older $27.00.)

Read the full text

Form I-102

I-102 is the USCIS application if the paper I-94 is actually missing.

Form I-102

Form I-102

Use this form if you are a nonimmigrant and need to apply for a new or replacement Form I-94 or Form I-95, Nonimmigrant Arrival-Departure Document.

Read the full text

Form I-102 Instructions

Someone without the requested passport/admission evidence can submit an explanation and alternative identity evidence with I-102.

Form I-102 Instructions

Evidence Requirements, Lost or Stolen Form I-94

If you are unable to provide this evidence, submit a full explanation stating why you cannot give any of the above evidence, along with a copy of evidence of your identity and copies of any evidence in your possession to substantiate your claim.

Read the full text

Form G-1055, Fee Schedule

The October 2026 fee schedule supplies the two fees for replacing a lost I-94.

Form G-1055, Fee Schedule

Form I-102 fee entry

$560, plus additional fee if applicable $24

Read the full text

These are the official rules as published or effective on the cited dates; rules and fees can change.

This is general information about official processes, not legal advice, and SettleKit is not a law firm.

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