U.S. Customs and Border Protection Automated I-94 Process

by Morgan Lewis
Contact

All airports and seaports have implemented the new system as of May 21, 2013.

U.S. Customs and Border Protection (CBP) has completed the process of automating Form I-94, the document issued to foreign nationals upon arrival in the United States. CBP began utilizing the new automated I-94 process at select airports during the week of April 30, 2013. As of May 21, 2013, the new process has been implemented at all airports and seaports.

Important Information About Automated I-94s

How will foreign nationals' arrivals and departures be documented?

Previously, upon arriving in the United States, nonimmigrants received a paper I-94 card that listed their names, dates of arrival, I-94 numbers, nonimmigrant statuses, and the dates their statuses expired. With the new automated process, CBP will no longer issue paper Forms I-94. CBP will continue to issue an admission stamp in the passport of a nonimmigrant visitor and will make a handwritten notation indicating the nonimmigrant's status and authorized period of stay. An unexpired admission or parole stamp in a foreign passport will constitute evidence of admission to the United States.

In addition to issuing passport stamps, CBP will create an electronic record for the arriving nonimmigrant upon admission, utilizing data that CBP receives from the individual's nonimmigrant visa application, data from the airline, and information contained in the Advance Passenger Information System (APIS). This record will be available on CBP's website.

Persons admitted through "non-automated" land ports of entry will continue to be issued paper Forms I-94. I‑797 Approval Notices issued by U.S. Citizenship and Immigration Services will also continue to include a tear-off I‑94 portion.

Where can employees obtain their Forms I-94?

After arriving in the United States, a nonimmigrant may view and print his or her electronic Form I-94 by visiting the CBP website here and entering personal information, such as his or her name, passport number, date of admission, and port of admission. The resulting I-94 will look like the below:

Data in the CBP website may be searched by name, country of citizenship, and passport number. The name on the nonimmigrant's passport, rather than that on his or her visa or other immigration document, is the one that will be entered by CBP.

CBP estimates that admission data will be uploaded and available to the visitor within 24 hours of admission. Please note that access to Form I-94 will no longer be available to the nonimmigrant after he or she leaves the United States and reenters at a later date.

A paper Form I-94 will be issued upon request at the time of inspection by CBP, but it will require referral to secondary inspection.

What should employers do if the electronic Form I-94 does not match an employee's passport or other immigration information?

Although the transition to automated Forms I-94 is expected to decrease the number of errors that foreign nationals experience with their arrival documents, human error is still possible. For example, the information provided on the CBP website may contain erroneous nonimmigrant status or period of stay information. If such an error is encountered after admission, a visit to a CBP Deferred Inspection Site to correct the mistake may be made. CBP has expressed its willingness to accept such requests for correction.

How can I comply with I-9 requirements using an automated I-94?

Form I-9 requires employers to verify that each employee possesses either an Identity and Employment Authorization document (as described in List A of the form) or a combination of two documents that establishes Identity and Employment Authorization (as described in Lists B and C of the form). One acceptable document described in List A is a foreign passport and a Form I-94 that has (1) the same name as the passport and (2) an unexpired endorsement indicating a nonimmigrant status that allows employment.

To establish employment authorization using a passport and Form I-94, an arriving nonimmigrant must access his or her most recent Form I-94 by visiting the CBP website, downloading and printing a copy of the Form I-94, and providing a copy to his or her employer, along with a current foreign passport. This electronically created Form I-94 will contain the information necessary to complete the Employment Eligibility Verification Form I-9.

A printout of the electronic Form I-94 may also be used for other purposes, such as obtaining a Social Security number or driver's license. All arriving nonimmigrants are encouraged to access CBP's website and print a copy of their electronic Forms I-94. This will serve as a useful backup document if the information contained in CBP's website is unavailable for any reason.

Contacts

For more information, or if you have any questions regarding the issues discussed in this Immigration Alert, please contact any of the following attorneys:

Washington, D.C.
Eleanor Pelta
Eric S. Bord

San Francisco
A. James Vázquez-Azpiri
Malcolm K. Goeschl

Boston
Lisa Stephanian Burton

London
Tracy Evlogidis

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morgan Lewis | Attorney Advertising

Written by:

Morgan Lewis
Contact
more
less

Morgan Lewis on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.