This summer brought some major changes in immigration law and procedure, including the full implementation of the automated I-94 system, and the granting of immigration benefits to same-sex couples.  Following is some of the key information about this. 

 

I-94 Automation Tips

As a reminder, in April and May 2013, CBP discontinued issuance of paper Forms I-94s to nonimmigrants entering the U.S. by air or sea, implementing a new automated I-94 system in place of the paper form for most visitors. We have received reports of ongoing problems with clients' ability to access their online I-94 records. If any of your employees are unable to access their I-94 records from the CBP website, it is possible that their information has been formatted in the CBP system in a different way than they are entering into the search parameters at www.cbp.gov/I94, and therefore the record is more difficult to obtain. Below are some tips to assist nonimmigrants in obtaining Form I-94 from the CBP automated system:
 

• Try different variations of the individual's name:  
   
  • CBP has stated that it will use the name listed on the travel document (e.g., passport biographic page), but has separately indicated that the name is drawn from the visa (if any) - and we have found this is somewhat inconsistent. Therefore, check the passport, visa, and a copy of the submitted Form DS-160 (if available) for name variations.
     
  • Enter the first and middle name in the First Name field, with a space in between. Do this even if the middle name is not stated on the passport or visa.
     
  • Switch the last and first name when entering the information on the website. Some countries state the name in the passport as first name, last name, rather than the more standard order of last name, first name. This may cause the name to be recorded incorrectly in the CBP system.
     
  • If a person has two first names and/or two last times, enter the names without spaces. Example: type the first names "Mary Jane" as "Maryjane".
     
• Check for multiple passport numbers. Specifically, verify the passport number stated on Form DS-160 (if available), and also the passport number stated on the visa. If either number is different from the passport used to enter the U.S., try entering the other passport number(s).
   
• Do not enter the year if included in the passport number. Some passport numbers may begin with the year in which the passport was issued, causing the number to be too long for the relevant field in CBP's automated system. If relevant, try entering the passport number without the year. For example, a Mexican passport that was issued in 2008 may have a passport number that starts with "08" followed by nine digits - try entering the passport number without the "08."
   
• Check the classification designated on the visa and compare it to the classification stated on the admission stamp in the passport, as there may be a slight variation. Be sure to try both designations. For example, the visa may state "E-3D" for an E-3 dependent, but the admission stamp may state only "E-3." The automated I-94 could state the classification either way.
   
• If all else fails and a nonimmigrant is unable to locate the electronic I-94, the next step is to visit the local CBP deferred inspection office at the airport to seek assistance in locating the record.