U.S. Customs and Border Protection (CBP) has announced that it is experiencing
delays in entering I-94 information into the I-94 database. This
delay affects all foreign nationals with immigration statuses that
confer work authorization, eligibility for a social security
number, drivers' licenses and/or admission to college,
including F, H, L, M, O, P and TN to
name a few. Many state and federal agencies use the I-94 database
to confirm a foreign national's legal immigration status
and eligibility for various benefits. There is no
indication from CBP as to when the backlog will
CBP has also announced their plan to
eliminate the issuance of the paper Form I-94 Arrival/Departure
card to nonimmigrants who enter the U.S. CBP is exploring
the option of automating the Form I-94 Arrival/Departure card to
allow for the electronic collection of arrival/departure
information and subsequently, streamlining the arrival and
inspection process, as well as their data entry process.
A proposed online portal will allow nonimmigrants to check their
status, period of stay, and enable them to print a record of their
admission. Once CBP stops issuing I-94s, travelers will
receive a passport stamp annotated with their immigration status
and the date that their period of stay expires. Foreign
nationals entering at land ports of entry, refugees, and some other
classes of foreign nationals will continue to receive a functional
In most circumstances, the I-94 card is used as proof
of lawful immigration status in the U.S. and USCIS requires
nonimmigrants to carry the I-94 as proof of their status.
The I-94 is used in the employment verification process for Form
I-9 and in the E-Verify database. It is likely that
employers will have to change the way that they verify work
eligibility once the paper form is eliminated. Form I-94
is also used by Federal and state agencies to verify whether a
foreign national is entitled to certain benefits such as a Social
Security number and driver's license; the proposed change
could delay the issuance of these benefits. CBP has met
with interested government agencies regarding the automated
program, but has not yet determined how the elimination of Form
I-94 will affect the above critical procedures and
requirements. There is no firm date as to when paper
I-94s will be eliminated by CBP.
Special thanks to Ashley Litostanski, immigration paralegal, for
assistance in preparation of this blog
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700
attorneys in 24 offices in the United States and internationally,
offers innovative solutions to the legal and business challenges
presented by today's evolving global markets. Duane Morris LLP,
a full-service law firm with more than 700 attorneys in 24 offices
in the United States and internationally, offers innovative
solutions to the legal and business challenges presented by
today's evolving global markets. The
Duane Morris Institute provides training workshops for HR
professionals, in-house counsel, benefits administrators and senior
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In our continuing series of reports, Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers' Association).
Charles Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his analysis of current trends and future projections for the various immigrant preference categories with AILA.
The United States EB-5 program offers two investment options for high net worth applicants. Most investors choose the passive option of contributing funds to USCIS-approved Regional Centers. Applicants are encouraged to carefully evaluate a potential regional center project. A hasty decision when finalizing the choice of an EB-5 project can result in complications that extend beyond mere financial losses.
In a recent Administrative Appeal Office (AAO) decision, Matter of Simeio Solutions, LLC, the court held that a change in the beneficiary's place of employment to a different MSA is a material change with respect to the immigration regulations, and, thus, requires that the sponsoring petitioner file an amended or new H-1B petition with a corresponding Labor Certification Application (LCA) for the new location.