On April 30, 2013, the United States Customs and Border Protection (“CBP”) commenced its rollout of a new automated I-94 Arrival/Departure Record Process. CBP will phase-in the new automated I-94 process at air and sea ports of entry through April and May. With this new automated process, CBP will no longer require non-immigrants to fill out a paper Form I-94 upon arrival to the U.S. by air or sea. Instead, CBP will gather travelers’ arrival/departure information automatically from their electronic records. As a result of the new CBP process, a CBP officer will stamp the foreign passport of each arriving non-immigrant traveler. The admission stamp will show the date of admission, class of admission, and the date that the authorized admission ends. An electronic record for arriving non-immigrants will be created upon admission. The electronic record of admission may be viewed and printed from a new website located at www.cbp.gov/I94. Non-immigrants may need to demonstrate their classification and term of admission for ancillary purposes such as for Form I-9, “Employment Eligibility Verification” purposes, driver’s license application/renewal, etc. Further guidance is anticipated from CBP as well as the various U.S. government agencies that have heretofore relied on the current paper Form I-94 documentation relating to the use of the new electronic version of the I-94.

Per CBP, on April 30, 2013, the implementation process began at the following airports: Charlotte Douglas International Airport, Orlando International Airport, Las Vegas Airport, Chicago O’Hare, Miami International Airport and Houston Bush Intercontinental Airport. CBP plans to continue to implement the new automated I-94 process at the remaining ports of entry over a total of four weeks. Please note that since automation only affects air and sea arrivals, a paper Form I-94 is still issued by CBP at land border ports of entry. Additionally, CBP intends to continue to provide a paper Form I-94 to certain classes of foreign nationals, such as refugees, certain asylees and parolees, and whenever CBP determines the issuance of a paper I-94 form is appropriate.

When departing the United States, non-immigrant travelers issued a paper Form I-94 should continue to submit the paper I-94 Form to the commercial carrier or CBP. The departure will be recorded electronically with information provided by the carrier or by CBP. If travelers did not receive a paper Form I-94 and the record was created electronically, CBP will record their departure using the information obtained from the carrier.

For further information, please go to the following links:

  • U.S. Customs and Border Protection – News Release (4/26/13)
  • U.S. Customs and Border Protection Q&A
  • U.S. Customs and Border Protection – Instructional Video on I-94 Web Application

This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

Established in 1925, Gunster is one of Florida’s oldest and largest full-service law firms. The firm’s clients include international, national and local businesses, institutions, local governments and prominent individuals. Gunster maintains its presence in Florida with offices in Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. Gunster is home to more than 150 attorneys and 200 committed support staff, providing counsel to clients through 18 practice groups including banking & financial services; business litigation; construction; corporate; environmental & land use; government affairs; health care; immigration; international; labor & employment; leisure & resorts; private wealth services; probate, trust & guardianship litigation; professional malpractice; real estate; securities and corporate governance; tax; and technology & entrepreneurial companies. Gunster is ranked among the National Law Journal’s list of the 250 largest law firms.

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