U.S. Customs and Border Protection (CBP) today published an interim final rule in the Federal Register to automate Form I-94, Arrival/Departure Record. As you likely know, Form I-94 provides nonimmigrants with physical evidence that they have been lawfully admitted to the United States. The interim final rule, effective on April 26, 2013, streamlines the admissions process for nonimmigrants arriving to the United States by air or sea. Affected nonimmigrants will no longer need to fill out a paper Form I-94 upon arrival, nor will they receive a white I-94 card in their passports upon admission. Applicants for admission who go through secondary inspection, such as asylees, refugees, and parolees, will still be provided a paper copy of Form I-94 by a CBP officer, as will nonimmigrants entering the U.S. through a land port.

USCIS, on the other hand, will continue to require nonimmigrants to submit a paper copy of Form I-94 when applying for certain benefits. Other government agencies, such as Departments of Motor Vehicles (DMVs), also require a paper copy of Form I-94. Moreover, nonimmigrants who are authorized to work may present a paper copy of Form I-94 to their employers during the employment eligibility verification (I-9) process. In light of this, CBP has indicated that, after April 26, individuals who do not receive a paper Form I-94 when entering the U.S. will be able to go to www.cbp.gov/I94 in order to print a copy of an I-94 based on the electronically-submitted data, including the I-94 number from the form, which can be provided, as necessary, to benefits providers or as evidence of lawful admission. Please note that this website will not be available until the new procedure takes effect on April 26.

Since this change will impact all nonimmigrant travelers upon their initial and subsequent admissions to the U.S., we expect that your nonimmigrant employees will have questions. More information will likely become available over the coming month, and we will send an update with any additional relevant information prior to the implementation date.