United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
Read more5 Things to Remember Before You Travel Internationally this Holiday Season
As the holidays approach doesn’t it seem as if things are moving at warp speed? If you are like me, you have several lists going: work projects to finish before the end of the year, gifts to purchase, cards to send, things to pack, and more! As we have in prior years, we thought it would be helpful to give foreign nationals who are traveling internationally one additional list (sorry) to ensure all goes as smoothly as possible and that you can enjoy the holiday season without being overly worried about immigration status and visa stamps. Now that we’ve made this list, make sure you check it twice (as the song says)!
Read more5 Misconceptions about the I-94
Hardly a week goes by when a client doesn’t tell us, “I don’t have an I-94. They got rid of I-94s.” And it’s understandable, since there has been a lot of confusion after Customs and Border Protection (CBP) converted from paper I-94s to electronic I-94s in 2013. To recap: the I-94 is an electronic document (formerly paper) issued to foreign nationals that:
- Tracks arrivals and (indirectly) departures to and from the United States; and
- Is evidence of legal status in the US for foreign nationals in their category of admission (for example, H-1, O-1, L-1, F-1, and so on).
The lack of a paper stapled into a passport has led to many misunderstandings. We try to address five of the most common.
Read moreTop 10 “Quick” Immigration Questions (Spoiler Alert: The Answers are Rarely Quick!)
As an immigration attorney much of my day is spent answering “quick” questions from current and potential clients. I know their heart is in the right place when they ask what they think will be a simple question, so I try to be gentle when I break the news that answers are frequently much more complicated than the questions when it comes to immigration law. So, I thought it might be useful (and interesting) to discuss some of the most common ones. (As always, this post is for informational purposes only and should not be taken as legal advice. We strongly recommend consulting an experienced immigration attorney for legal advice and guidance.)
Read moreCBP Makes Online I-94 Application Payment Available to Travelers Arriving at a Land Port of Entry
US Customs and Border Protection (CBP) have announced an enhancement to the I-94 website that allows travelers to apply and pay for their I-94 online prior to arriving at a US land port of entry. Travelers can now speed up their entry into the US by providing their biographic and travel information and paying the $6 fee for their I-94 application online up to seven days prior to their US entry. Note at this time this online I-94 application only applies to entries via land, not air and sea.
First implemented over fifty years ago, the I-94 is a document given to foreign nationals that (1) tracks arrivals and (indirectly) departures to and from the United States, and (2) is evidence of legal status in the US for foreign nationals in their category of admission (for example, H-1, O-1, L-1, F-1, and so on). The I-94 document is distinct from both a foreign national’s visa stamp (the stamp processed into a passport by a US Embassy/Consulate abroad) and the admission stamp (which is the ink stamped into a foreign national’s passport noting the date and place of entry and expiration of stay along with the handwritten category of admission).
Back in 2013, CBP made a major change with the I-94 procedure by eliminating the issuance of paper I-94 cards when foreign nationals arrived in the US. Upon entry to the US, instead of receiving a paper I-94 card, most foreign nationals receive only an admission stamp in their passport. This admission stamp notes the date and place of entry, category of admission, and expiration of stay. CBP uploads the foreign nationals’ information into its electronic I-94 system, and foreign nationals can, at a later time, print their I-94 document. Now, with the most recent advancement of the I-94 application, after submitting their information and payment on line, travelers will receive a “provisional I-94.” The I-94 online application will collect information that is otherwise collected in-person at the land port of entry, and includes biographic information (name, date of birth, country of citizenship), passport details, visa details (if applicable), and petition/Student and Exchange Visitor Program (SEVIS) number (if applicable).
CBP Commissioner R. Gil Kerlikowske explains the reasons for this change in a statement:
We continue our commitment to transforming the international arrivals experience with this new I-94 offering that expedites entry into the US at land ports of entry, while maintaining the highest standard of security. This automated functionality increases the efficiency of the entry process and reduces administrative duties for CBP officers—ultimately resulting in shorter waits for travelers requiring an I-94.
After online submission of all pertinent details, to finalize the I-94 issuance process, a traveler must present themselves at a land port of entry within seven days of their application and submit biometrics, if applicable, and be interviewed by a CBP officer. Travelers should be prepared to show evidence of their residence, employment, and/or travel plans, if requested by the CBP officer. If the traveler does not complete their I-94 issuance process within seven days of their application, their provisional I-94 will expire and they will have to reapply and pay the fee again. There are no refunds if the I-94 is not issued within the seven-day period or if the traveler is denied entrance to the US.
The secure I-94 website is designed to be user friendly and payment can be made with a credit card, debit card, direct debit, or through PayPal. Benefits of this process include “increased efficiencies during processing, decreased paper usage, a streamlined CBP inspection process for the traveling public and reduced operating costs.” Again, the online I-94 application only applies to US land port of entries at this time. There is no indication if and when it will extend to air and sea entries.
CBP claims the previous paperless online automation of the I-94 Arrival/Departure Record has greatly improved the traveler experience while saving the US government an estimated $34.5 million in its first two years, and this additional change should expedite the I-94 process even more, while this remains to be seen. For more information regarding the I-94 land automation or to access an electronic Form I-94, visit www.cbp.gov/I94, and to apply for the I-94 online, visit http://i94.cbp.dhs.gov.
8 Common Questions Foreign Nationals Have When Changing Visa Sponsors/Employers
As immigration attorneys, one scenario we frequently encounter is where foreign nationals part ways with the US company that sponsored their nonimmigrant visa. Regardless of who initiated the change, terminating employment/representation with the US company sponsoring the foreign national's visa requires immediate attention, ideally well before the change is to take place. It can be stressful for everyone involved. To allow all parties involved to prepare for and understand the implications, we have compiled some of the most frequently asked questions from foreign nationals.
Read more10 Ways to Be Proactive and Avoid Stressful Immigration Situations
Immigration applications and interviews are stressful! As an immigration lawyer and an immigrant, I know the anxiety and pressure firsthand. Collecting information for an application is time consuming; enduring delayed visa applications can be frustrating; and being refused admission at a port of entry or being denied a visa can be disastrous. Most of these can be minimized and some avoided altogether with some advance planning. Here we try to identify some essential things foreign nationals can do to remain in valid immigration status and avoid problems.
Read moreThe 5 Most Commonly Misunderstood Immigration Words and Terms
In listening to people (lawyers and non-lawyers) speaking about immigration I often think, like Inigo Montoya in The Princess Bride, “You keep using that word. I do not think it means what you think it means.” So, I thought I would try to bring some clarity to some terms we use all the time (Lizzie B already handled the acronyms), which can actually be confusing or which can be misused.
Read moreHealthcare, Taxes, and a Mortgage, Oh My!
So your nonimmigrant visa was approved (congratulations!) and you have arrived in the US. Now what? In our experience, many foreign nationals have numerous practical questions as they settle into their new lives in the US—from what they need to sign a lease on an apartment to opening a bank account to getting a driver’s license and more. While we do not intend for this post to give any legal advice (or financial or tax advice, for that matter), we hope to provide general insights to some common questions.
What should I do first?
After entering the US, foreign nationals should print the online version of their I-94 information as soon as possible and make sure that their name, the classification they were admitted in, and all other information is correct. Foreign nationals should also save the printed I-94 in a safe place. The I-94 is important because it specifies the exact amount of time a foreign national is allowed to stay in the US and may differ from the visa stamp. The I-94 is also necessary to gain certain benefits, such as getting a US Social Security number. Foreign nationals should print, check, and save their I-94 information after each time they enter the US.
Deferred Inspection Is Your Friend
When some foreign nationals hear “Deferred Inspection,” they may understandably feel a sense of anxiety or dread. But while “Deferred Inspection” does have a somewhat ominous sound, this process, not to be confused with “secondary inspection,” actually has the potential to be quite useful and helpful for many foreign nationals.
When foreign nationals arrive at a US port of entry, normally a Customs and Border Protection (CBP) officer will inspect the foreign national’s relevant documentation (passport, visa stamp, I-797 Approval Notice, for example) to confirm their immigration status and admit them to the US in that status (this is referred to as "primary inspection"). In some circumstances, however, the documentation presented by the foreign national at primary inspection may not allow the inspecting CBP officer to come to an immediate decision concerning the foreign national's immigration status. Consequently, the inspecting officer may then either: 1) refer the foreign national to secondary inspection, where CBP officers will further review the foreign national’s status; or 2) they may admit the foreign national to the US but schedule an appointment for them to appear at a Deferred Inspection Site on a future date so the foreign national can provide the missing or additional documentation needed. Foreign nationals may also return to Deferred Inspection after they are admitted to the US to request that CBP correct an error an officer made when admitting the foreign national (such as the misspelling of a name or the incorrect visa category).
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