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CBP Redefines Form I-94 to Include Electronic Format
Practical Law Legal Update 8-525-4484 (Approx. 3 pages)
CBP Redefines Form I-94 to Include Electronic Format
by PLC Labor & Employment
| Law stated as of 21 Dec 2016 • USA (National/Federal) |
US Customs and Border Protection (CBP), an agency in the Department of Homeland Security (DHS), issued an interim final rule changing the definition of the term "Form I-94" to include an electronic as well as a paper format. The revisions will allow CBP to create an electronic version of the Form I-94 Arrival-Departure Record and transition to an automated Form I-94 process.
On March 27, 2013, US Customs and Border Protection (CBP), an agency in the Department of Homeland Security, published an interim final rule changing the definition of the term "Form I-94" to include an electronic as well as a paper format. The Form I-94 Arrival-Departure Report is issued to most foreign travelers entering the US and is controlling evidence of an individual's immigration status and permissible length of stay in the US.
In particular, the Form I-94 is presented as evidence of authorization to work in the US. All workers beginning employment must complete a Form I-9, showing proof of their identity and employment authorization. For foreign workers, their Form I-94 (together with other documents) is evidence of their employment authorization. In addition, before issuing a foreign worker a social security number, the Social Security Administration confirms the individual's admission to the US in a work-authorized status as evidenced by the issuance of Form I-94 to the worker. The Form I-94 may also be presented as evidence of:
- Status for some lawful permanent residents, asylees, refugees or parolees.
- Lawful admission and eligibility for a change or extension of nonimmigrant status when seeking immigration benefits through the United States Citizenship and Immigration Services (USCIS).
- A foreign student's eligibility to enroll in school.
- A foreign worker's eligibility for a driver's license.
Changing the definition of Form I-94 will allow CBP to create an electronic Form I-94 and transition to an automated Form I-94 process. A paper Form I-94 card will still be issued to asylees, refugees and parolees, and to travelers who request one. By switching to an electronic format, CBP hopes, in part, to:
- Reduce the time delay that currently exists in processing Forms I-94 in CBP databases. Under the current system, completed paper forms must be manually entered into CBP databases, which may take five business days or longer.
- Allow foreign travelers to more easily access their Forms I-94. Currently, foreign visitors must retain the single paper copy of their Form I-94 that was stamped by immigration when they entered the US, and face an expensive and complicated replacement process if they lose the form. Under the new system, foreign visitors will instead visit a website (www.cbp.gov/I94) to download a copy of the completed form, using seven pieces of basic information from their passports to log into the site.
The new electronic system will initially apply only to foreign travelers arriving by air and by sea. CBP will issue a Privacy Impact Assessment to outline how it intends to ensure compliance with Privacy Act protections under the new electronic system.
The interim final rule is effective April 26, 2013. However, CBP has discretion to extend implementation for an additional 30 days.
UPDATE: On December 19, 2016, the DHS issued a Final Rule adopting the interim amendments to the DHS regulations that were published in the Federal Register on March 27, 2013, enabling the DHS to transition the issuance of the Form I–94 to an automated process. The final rule is effective January 18, 2017.