What is an I-94 (and why is it so important)?

Everyone has heard the term “visa,” but the I-94 is a separate and vital, though lesser known, document for nonimmigrant visitors to the U.S. While the visa stamp (placed in the passport by the U.S. Consulate or Embassy) is the nonimmigrant’s ticket into the country, the I-94 documents their lawful entry into and status in the U.S. It contains a unique admission number, class of admission, date of entry or start of status, and date of expiration. All this data is important for status changes, extensions of status, and initial entry into the U.S. It is the primary document used by nonimmigrants to evidence lawful status and employment authorization (if Class of Admission is a category that offers work authorization) in the U.S. 

Different Forms of the I-94

Online. Most I-94 Admission Records are now issued electronically when a nonimmigrant initially enters or re-enters the U.S. These I-94s are found on the CBP website  at https://i94.cbp.dhs.gov/home. This site is updated within approximately 24 hours of a nonimmigrant’s arrival in the U.S. To pull a new I-94 Arrival Record, choose “Get most recent I-94.” Acknowledge and agree to the terms. Then enter your first name and last name as they appear on your passport, your country of citizenship, and your passport number (“Document Number”). Print a copy of this I-94 and save a digital copy somewhere to which you will have easy access. Check the details of the resulting I-94 to ensure your arrival date, class of admission, “Admit Until Date” (expiration date), and all your biographical details are accurate. If there are any errors on the electronic I-94, work to correct those errors as quickly as possible. It is especially important to correct erroneous expiration dates and classes of admission. To fix an incorrect I-94, escalate to a knowledgeable immigration attorney or visit a local CBP Deferred Inspection Site as soon as possible. You can find information on CBP Deferred Inspection Sites by locating port information on CBP’s website at https://www.cbp.gov.

Paper. Historically, the I-94 was a paper form stapled into a visitor’s passport upon entry. These have been largely replaced by the electronic system, though some CBP entry points still issue paper forms as soon as the nonimmigrant enters the U.S. As with electronic I-94s, review the details to verify accuracy and work to correct any errors as soon as possible.

Attached to I-797 Approval Notices. If you change or extend nonimmigrant status while in the U.S., the approval notice issued by USCIS will have a new I-94 attached to the bottom. For H-1B temporary workers, their sponsoring employers should receive and maintain the Approval Notice and give the new I-94 to the H-1B employee. If you have not received a new physical I-94 card when you changed to or extended your H-1B status, ask your employer for the original I-94 attached to the I-797 Approval Notice. As with any other form of I-94, the nonimmigrant should review it for any errors.

Which I-94 Controls?

Because you may receive both paper I-94s attached to I-797 Approval Notices and electronic I-94s issued when you enter the U.S., it can get confusing to know which I-94 controls, i.e., which one is current and should be used to verify your lawful status in the U.S. To help explain, let’s use a hypothetical: 

Last year, your employer filed a petition to change your status to H-1B here in the U.S. The petition was approved and you received the paper I-94 that was attached to the I-797 Approval Notice. This year during summer break, you traveled outside the U.S. and just re-entered. Because you are dutiful and organized, you checked the CBP website and pulled your new electronic I-94 24 hours after returning. Because the electronic I-94 is the most recently issued, it now controls your status and permitted length of stay in the U.S. This new electronic I-94 is primary evidence of your lawful presence and work authorization in the U.S.

In short, use the most recently issued I-94. 

10-Day Grace Period

For H-1B workers in particular, you may notice that your I-94 expiration date is 10 days after the expiration date on your I-797 Approval Notice. This is usually not an error. Instead, this is a “grace period” that CBP and/or USCIS will sometimes grant. It is offered as a courtesy for individuals to prepare to leave the U.S. or take action to extend/change status at the expiration of their work authorization. Note that this does not extend work authorization for another 10 days past the I-797 Approval Notice validity dates; it is essentially meant to allow the nonimmigrant to set their affairs in order. See CFR § 214.1(l)(1).

Carry a Copy of Your I-94

Best practice is to ensure you carry a copy of your I-94 on you at all times. Keep a paper copy in your wallet and a digital copy on your phone. Again, your I-94 is primary evidence of your lawful nonimmigrant status in the U.S. If you are ever stopped by ICE or local law enforcement agents and questioned about your status, you can show them your most recent, valid I-94 as proof.

It is critical for nonimmigrants to review their new I-94 each time they enter the U.S. or change/extend status within the country. If there are any errors, work to correct them as soon as possible. Nonimmigrants should also maintain and carry a copy of their most recent I-94 to verify lawful status.  

If you have questions about the often misunderstood I-94, please contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com!