What You Need to Know About Automated Form I-94 Arrival/Departure Record Changes

A few days ago, the U.S. Customs and Border Protection began implementing automation of Form I-94 Arrival/Departure record.  What this new program does is that it eliminates the issuance of a paper Form I-94.  Thus, when a foreign national arrives via air or sea at any of the ports currently implementing the program, he or she will simply receive a stamp in the passport with a) arrival date, b) nonimmigrant visa classification, c) date of expiration of stay in the U.S., and d) USCIS or SEVIS case#, if any.

If foreign nationals prefer to have a copy of the I-94 record, although legally not required to do so, they may visit www.cbp.gov/I94 to retrieve and print a copy of the I-94 record.  We strongly urge that you print a copy of the I-94 for your records.  This also ensures that the data showing up on the CBP database matches the information on the stamp in your passport. It also helps to have a copy of the I-94 printed for various other purposes such as driver’s license, social security application, extension or change of visa status application filing with USCIS among other things.

The program implementing automation of Form I-94 began April 30 with airports including Charlotte-Douglas International Airport, Orlando International Airport, Las Vegas Airport, Chicago O’Hare, Miami International Airport, and Houston Bush Intercontinental Airport that week, continuing across the nation through May 21.  CBP says that the automation of Form I-94 means that affected visitors (those arriving via air or sea) will no longer need to fill out a paper form when arriving to the U.S. by air or sea, improving procedures and reducing costs.  It is imperative to note that at this time, refugees, asylees, and parolees will continue to receive a paper Form I-94 from CBP at land, air, and sea ports of entry (POEs).

What does a foreign national need in order to retrieve/print an electronic Form I-94:

• Family/Last Name: (as it appears on your visa stamp or other travel document)
• First Name: (as it appears on your visa stamp or other travel document)
• Birth Date: Format MM/DD/YYYY
• Passport Number:
• Country of Issuance: (In other words, your country of citizenship)
• Date of Entry: (i.e. into the United States)
• Class of Admission: (For example H-1B, L-1, etc.)

Please note that the arrival record in the form of electronic I-94 will be available for retrieval and printing until a foreign national departs the United States.  An admission record will no longer be available to the foreign national on the CBP website once he or she departs the United States.

A word of caution to those traveling from the United States to Canada or Mexico via land:  If you have a paper form I-94 and depart by land, you can turn the form into Canadian Border Services Agency (CBSA) upon entry into Canada or to CBP at the port of entry prior to entering Mexico. If you received an electronic I-94 upon arrival by air or sea and depart via land, your departure may not be recorded accurately.  A departure will be recorded if you depart via land and re-enter the United States prior to the expiration date stamped in your passport.  If you are not a resident of Canada or Mexico and you receive an electronic I-94 and depart via land, but do not re-enter the United States prior to the expiration date stamped on your passport, you may want to travel with evidence of your departure into Canada or Mexico.  Evidence of departure can include, but is not limited to, entry stamps in a passport, transportation tickets, pay stubs and/or other receipts. A traveler can request an entry stamp from CBSA when entering Canada or from the InstitutoNacional de Migracion (INM) when entering Mexico.

June 2013 Visa Bulletin – Employment-Based Immigrant Visa Numbers

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15JUL08	01SEP04	C	C
3rd	01SEP08	01SEP08	08JAN03	01SEP08	22SEP06
Other Workers	01SEP08	22OCT03	08JAN03	01SEP08	22SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

May 2013 Visa Bulletin – Employment-Based Immigrant Visa Numbers

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15MAY08	01SEP04	C	C
3rd	01DEC07	01DEC07	22DEC02	01DEC07	15SEP06
Other Workers	01DEC07	01SEP03	22DEC02	01DEC07	15SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

April 2013 Visa Bulletin

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01APR08	01SEP04	C	C
3rd	01JUL07	22APR07	08DEC02	01JUL07	08SEP06
Other Workers	01JUL07	01AUG03	08DEC02	01JUL07	08SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

March 2013 Visa Bulletin

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15FEB08	01SEP04	C	C
3rd	01MAY07	22JAN07	22NOV02	01MAY07	01SEP06
Other Workers	01MAY07	01JUL03	22NOV02	01MAY07	01SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

Understanding Automatic Visa Revalidation When Traveling to Canada or Mexico

Automatic visa revalidation applies to expired nonimmigrant visas of foreign nationals who have been outside of the United States for 30 days or less to visit a contiguous territory (Canada or Mexico). The validity of an expired nonimmigrant visa is automatically extended to the date on which the alien applies for readmission. Automatic visa revalidation also applies to situations in which USCIS has granted a change from the initial nonimmigrant classification to another nonimmigrant classification before the alien’s temporary departure (for example, F-1 to H-1B). An alien may rely on automatic visa revalidation when the alien holds an expired visa with which the alien was previously admitted and is in possession of a valid Form I-94 card showing an unexpired period of initial admission or extension of stay and -

• is applying for readmission after an absence not exceeding 30 days solely in contiguous territory (or if an F-1, F-2, J-1, J-2 nonimmigrant, a contiguous territory or an adjacent island other than Cuba);
• has maintained and intends to resume nonimmigrant status;
• is applying for readmission within the authorized period of initial admission or extension of stay;
• is in possession of a valid passport;
• does not require authorization for admission under INA § 212(d)(3);
• has not applied for a visa while outside of the United States; and
• if an F-1, F-2, J-1, or J-2 alien, have a valid Form I-20 or valid Form DS-2019.

U.S. Visa Interview Waiver Program Expands to Mission India

In March 2012, the United States Mission to India unveiled the Interview Waiver Program (IWP) which allows qualified individuals to apply for additional classes of visas without being interviewed in person by a U.S. consular officer. Following the success of the initial IWP, the U.S. Mission in India recently expanded the program. Under the initial IWP, Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months may submit their applications for consideration for streamlined processing, including waiver of a personal interview, within the following visa categories:

• Business/Tourism (B1 and/or B2);
• Dependent (J2, H4, L2)
• Transit (C) and/or Crew Member (D) – including C1/D.
• Children applying before their 7th birthday traveling on any visa class
• Applicants applying on or after their 80th birthday traveling on any visa class

Under the expanded IWP program, the following Indian applicants may also be considered for streamlined processing without a need to appear for personal interview:

• Children applying before their 14th birthday traveling on any visa class
• Students returning to attend the same school and same program
• Temporary workers on H1-B visas
• Temporary workers on Individual L1-A or Individual L1-B visas

One of the requirements under IWP is that the visa renewal application must be within the same visa classification as the previous visa. If the previous visa is annotated with the words “clearance received,” that applicant is not eligible for a waiver of a personal interview.  Not all applications will be accepted for streamlined processing. As always, consular officers may interview any visa applicant in any category. Applicants who are renewing their visas may still need to make an appointment for biometrics (fingerprint and photograph) collection, and all applicants must submit all required fees and the DS-160 application form.