The form I-94 is usually encountered as a white card issued by an immigration inspector of the Department of Homeland Security at the port of entry into the United States. It is proof of admission legally into the United States. The I-94 often is stapled into the foreign country's passport.

The form I-94W, which has been issued in connection with the Visa Waiver Program, is very similar to the I-94, except that it is printed on a green card stock rather than white.

On May 10, 2010, DHS Secretary Napolitano announced that the Visa Waiver Program was going paperless for travellers enrolled in the Electronic System for Travel Authorization (ESTA), which will begin replacing the traditional visa/I-94W process with a totally electronic system. Applicants will provide data online prior to travelling, which will be stored on Border Patrol secure servers. Electronic approvals will be good for two years. Information maintained in the passport electronically, possibly through RFID technology, can be scanned at the port of entry and compared with server data to determine current permission to enter the country and visa classification.

For all other travellers, paper I-94's will continue to be issued at the port of entry. This process is slower than electronic scanning, so it is anticipated that there will be increasing demand and use of the paperless process, though critics have questioned security by positing that an unauthorized third party attacker may be able to steal identity credentials when the passport and scanner are communicating with each other at the port of entry.

The most current form of I-94 is computer-generated. A sample appears below.

The function of the I-94 is best understood in relation to the non-immigrant visa upon which it depends. A visa is most often initially issued by a U.S. consulate abroad, under the auspices of the Department of State. The non-immigrant visa confers no rights itself on the beneficiary to enter and remain physically inside of the United States. It does authorize the holder to present himself or herself at a land border or other port of entry prior to expiration for inspection by an immigration officer. The immigration officer, usually of the Customs and Border Patrol (CBP) agency within the Department of Homeland Security reviews the visa and other related documents and if they are in order, issues the I-94. The I-94, not the visa, controls the terms of the entry and constitutes legal authority to remain physically within the United States for a designated period of time.

This can be understood using the following examples. Assume a B-1/B2 non-immigrant visa for ten years authorizing multiple entries into the U.S. that was issued by a U.S. Consulate abroad. The visa by its terms will expire within ten days after the date that it is presented to a CBP inspector at the port of entry. The inspector should issue an I-94 valid for six months. The beneficiary of the non-immigrant visa/I-94 combination is entitled to remain for the entire six month period even though the non-immigrant visa expires long before that time. Upon leaving the United States, the beneficiary will need to obtain a new visa in order to re-enter the country as the old one expired during the previous stay.

Let us examine the reverse case. Assume the B1/B2 non-immigrant visa is exactly the same as in the previous example but it will not expire for another nine years from the date it is presented to the inspector, who again issues an I-94 for six months. Prior to the end of the six months, the beneficiary must obtain an extension of the I-94 status, change status, leave, or risk falling out of status. The fact that the non-immigrant visa is valid for another eight and one-half years is irrelevant. The visa does not allow the holder to remain past the expiration date of the I-94. Unlike the previous example, after leaving the United States, the visa holder can re-use the same visa for another entry into the United States, because the non-immigrant visa has not yet expired.

Thus, once in the United States, the I-94 determines the validity of the authorized stay, not the visa. Except in cases where the I-94 is marked valid for the "duration of status" or "ds", signifying a program to which it is connected, as in the case of an academic program, the I-94 is generally surrended upon leaving the United States.

Alternative form of I-94 for visitors

Visa waiver program

For countries included in the visa waiver program, a green form of I-94 called the I-94W may be available. It is much easier to obtain than the traditional white colored I-94 because no visa from a consulate is needed beforehand. Such an I-94 is somewhat restricted when compared with the white, traditional I-94, as the visa waiver I-94W cannot be extended or used for a change of status to another non-immigrant visa category from within the U.S., except that in certain circumstances where timely applied for, adjustment of status based upon marriage to a U.S. citizen may still be possible notwithstanding entry into the U.S. on an I-94W.

If you have questions about any of the foregoing information, just feel a little confused, or have specific questions about adjustment of status, please contact Messing Law Offices to arrange an initial consultation

Border Crossing Card

An alternative for Mexican citizens who need to cross the border frequently is the Border Crossing Card. Click the link to read more about the Border Crossing Card

Correcting an I-94 from within the US

Sometimes the inspectors make mistakes, which often are discovered only much later. Some of the mistakes can be significant, like putting the wrong expiration date on an I-94 of an H-1B visa. We have had it happen more frequently than makes one confident in the issuance process, but the inspection setting often is rushed, crowded and confusing. The errors can be corrected later by authorized employees of the Department of Homeland Security, but finding the right person to make the corrections is sometimes a challenge even for lawyers.

If you believe a mistake was made on your I-94 or that of a loved one, please contact Messing Law Offices for a free seven-minute telephonic consultation or to arrange an initial consultation

Earlier versions

An earlier form of I-94 which was issued by the Immigration and Naturalization Service and was stamped and filled in by hand appears below. Pending a changeover to the newer form of I-94, certain ports may still be issuing the older version.

The uppermost I-94 indicates in the upper-right hand portion that it corresponds to an L-1 visa, which is a non-immigrant visa category that is employment authorized, and that it issued on February 5, 2005 and will expire on September 17, 2007. It is therefore valid for the entire period between those two dates and indicates employment authorization with the U.S. employer that applied for the visa during that time period for the holder of the foreign passport to which it is attached. With other appropriate documents, it is valid for employment verification purposes.

The lowermost I-94 on the other hand is for a B-2 visitor non-immigrant visa that does not qualify the bearer for employment, and so it could not be accepted as authorizing employment during the period of authorized stay, which expired on May 20, 2003. If the holder remained in the United States after that date without further authorization, the period of overstay would be unlawful and could lead to the issuance and service of a Notice to Appear.

If you have questions about visas, I-94's, or falling out of status, please contact Messing Law Offices for a free seven minute telephonic consultation or to arrange an initial consultation

U.S. Family, Employment, and Business Visa Immigration Attorney AZ