Updated Policy for Form I-94 Regarding Foreign Travelers Arrival to the U.S.


Posted on 08/04/2017 by Mark A. Ivener, A Law Corporation

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Form I-94 and Form I-94W are no longer necessary for Arrival and Departure through U.S. Customs

The United States Customs and Border Protection department has updated their policy on foreign travelers visiting the United States. The updated policy has made changes to the required forms necessary upon arrival to the U.S. Both forms I-94, the Arrival/Departure Record, and form I-94W, the Nonimmigrant Visa Waiver Arrival/Department Record are no longer needed for foreign visitors arriving via air or sea.

 

Electronic System for Form I-94 Replaces paper based U.S. Custom’s record system

As noted on the USCPB website, “An I-94 form is needed by all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Air and Sea travelers will be issued I-94s during the admission process at the port of entry.” All travelers who need to prove their legal status to visit the United States can now complete that process online before arrival or departure. However, this updated policy does not affect the requirement of form I-94 when foreign visitors arrive at land based border ports of entry. I-94 information, immigration status, employment authorization, and visitor record number can all be located at the following link here. I-94 forms will be available on paper if requested during arrival processing from the approving CBP officer, although the paper based I-94 form should be surrendered to the CBP or commercial carrier upon exit of the United States. If a paper based I-94 form was not requested, the Customs and Border Protection department will record the arrival and departure electronically.

The USCIS offers EB-5 Visa programs for longer term residence in the U.S.

If you are interested in permanent residence in the United States the USCIS offers several options under the employment based visa programs. The options range from EB-1 through EB-5 and offer visa options for specific employment related situations. If you are particularly employable in the U.S. based on your skillset as per the EB-2 Visa, or have the financial ability to invest in the economy while employing Americans as is the case with the EB-5 program, the USCIS has options available which are best discussed with your immigration legal consul.

For the latest in EB-5 Updates take a look at Mark Ivener’s article or for more up to date information on arrival to the United States especially in lieu of the recent travel ban read the  Increased enforcement upon immigration to the U.S article.

 

 

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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