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U.S. Customs and Border Protection (CBP) has updated its admission system and has begun issuing I-94 admission records containing employment authorization notations for newly-admitted L2 and E spouses. While CBP has not officially announced the change, effective Jan. 31, 2022, the agency began issuing I-94 admission records with the following notations reflecting work authorization incident to status:

E-1S – Spouse of E-1

E-2S – Spouse of E-2

E-3S – Spouse of E-3

L-2S – Spouse of L-1A or L-1B

Although not required, CBP recommends L2 and E spouses travel with proof of the marriage relationship (i.e., marriage certificate with English translation, if necessary) to assure the correct notation is entered into their I-94 admission record.

For employers, L2 and E spouses who are admitted with this employment authorization notation will be immediately eligible to work in the United States without restriction until the expiration date listed on the I-94. They will no longer be required to apply for an Employment Authorization Document (EAD) from USCIS, although they may continue to apply for the EAD if they wish to do so.

U.S. Citizenship and Immigration Services (USCIS) has updated its I-9 policy guidance to confirm that employers can accept the new, revised I-94 containing these new work authorization notations as evidence of employment authorization under List C of the Form I-9.

However, employers should also be aware that CBP is not retroactively updating the I-94 admission records for L2 and E spouses already present in the United States. These individuals will only be eligible to obtain the work authorized I-94 notation the next time they return to the United States after foreign travel, or the next time they file an application to change or extend their nonimmigrant status with USCIS.

L2 and E spouses who have not received an I-94 admission record containing the employment authorization notation must continue to rely on their EAD as proof of their work authorization in the United States. Employers should be aware of this distinction when completing the I-9 process.

Beginning in May 2019, Form I-94 will have a new look. The current 11-digit numerical format will be replaced by alphanumeric characters. The new format will include 11 characters, starting with nine digits, a letter in the tenth position, and a digit in the eleventh position. Customs and Border Protection (CBP) indicated that unexpired I-94 Records issued in the current numeric-only format will continue to be valid until the “Admit Until Date” printed on the paper or digital I-94 Record expires. You can continue to retrieve your electronic Form I-94 here.

For more on I-94, click here.

 

The U.S. Customs and Border Protection (CBP) has announced that its I-94 website will be under maintenance and will not be available during the following periods: (1) March 30, 2017 from 1:30 a.m. to 5:30 a.m. EDT; (2) April 2, 2017 from 1:30 a.m. to 5:30 a.m. EDT; and (3) April 6, 2017 from 1:30 a.m. to 5:30 a.m. EDT. During these times, the ability to view a recent I-94 record, obtain recent travel history, and purchase a provisional I-94 will be disrupted; CBP advises against using the aforementioned functions accordingly.  

Foreign nationals present in the United States in nonimmigrant visa status should note the CBP I-94 website maintenance periods mentioned above and may wish to access any relevant I-94 records and/or travel history records prior to these times. Those planning to return to the U.S. from international travel while the site is unavailable, should access the CBP system after site maintenance is complete to ensure the electronic I-94 record is correct and consistent with the relevant passport entry stamp received during the admission process. Greenberg Traurig can assist with any questions regarding corrections to I-94 entry records or the admission process.

 

CBPOn Sept. 29, 2016, U.S. Customs and Border Protection (CBP) announced that it has enhanced the I-94 website for travelers arriving to the United States at land ports of entry.  Travelers now can apply and pay the $6 fee for their I-94 card online up to seven days prior to their entry.

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 continue to be issued I-94 records during the admission process at the port of entry.  However, for those travelers seeking admission to the United States at a land port of entry, taking advantage of this new enhancement will quicken and simplify the admission process.

The application requires travelers to submit their biographic and travel information; in return, they will receive a provisional I-94 card after submitting the application and payment of the fee online.  The application collects the information that would otherwise be collected during the in-person inspection at the land port of entry, including name, date of birth, country of citizenship, passport details, visa details (if applicable), and petition/SEVIS number (if applicable).  To finalize the I-94 issuance process and admission, the traveler must present him or herself at the land port of entry within seven (7) days of the application, submit biometrics, and be inspected by a CBP officer.  Travelers always should be prepared to show evidence of their residence, employment and/or travel plans to the inspecting CBP officer, depending on the category of nonimmigrant admission being sought.

CBP expects for the new online I-94 application process to increase efficiencies during inspection and admission, decrease paper usage, and streamline the process at the land border, thereby reducing operating costs.  The secure website is easy to use and payment can be made via credit card, debit card, direct debit, or through PayPal.

CBP has automated the I-94 and I-94W process for all travelers applying for admission at U.S. ports of entry. Consequently, nonimmigrants arriving at an air or sea U.S. Port of Entry no longer receive a paper I-94 card from the CBP inspector. CBP provides each nonimmigrant with an admission stamp that is annotated with date of admission, class of admission and status expiration date. After leaving the port of entry, the nonimmigrant can retrieve an electronic copy of his or her I-94 card from the CBP website. As advance information is only transmitted for air and sea travelers, CBP still issues a paper form I-94 at land border ports of entry.

Continue Reading Tips for Resolving Issues I-94 Issues under the Electronic CBP System

Since April 30, 2013, CBP has been implementing I-94 automation by issuing passport stamps and an electronic record to most foreign nationals arriving in the U.S. at sea and air ports rather than paper I-94s. Foreign nationals arriving at land borders will continue to receive paper I-94s from CBP.

CBP will continue to issue paper I-94s to refugees, asylees and parolees at land, sea and air ports. An arriving foreign national may request a paper I-94 from CBP at a land, sea or air port. Those foreign nationals requesting paper I-94s, as well as refugees, asylees and parolees, will be issued paper I-94s in secondary rather than primary inspection. The paper I-94 provided by CBP will be a printout of the electronic record available at www.cbp.gov/I94.

It’s important to note that foreign nationals should enter their name on the I-94 web site as it appears in their passport. The I-94 site instructs individuals to enter their first and last names as they appear on the “travel document used to gain admission to the US.” CBP has clarified that the name on the passport, rather than the visa, should be entered to access the electronic record.

As a general rule, foreign nationals should get in the habit of accessing and printing their I-94 information after each entry as proof of their valid immigration status. An I-94 printout is also important in terms of applications for a driver’s license or social security number. Errors found in the electronic record should be corrected as soon as possible.

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) began implementing a newly overhauled fee schedule, along with substantive changes to several of its forms used to petition or apply for employment-based immigration benefits. These changes stem from the agency’s January 2024 final rule outlining the fee increases and procedural changes, which include:

  1. In a departure from the prior, simpler fee schedule, a detailed and tiered fee schedule based on various factors, including visa type, employer type, and size (number of employees).
  2. The introduction of an “asylum fee,” which now applies to most employment-based filings made on Forms I-129 or I-140 and is meant to support the agency’s efforts in improving its processing of a historic backlog of asylum applications. The asylum fee also varies depending on visa type and employer type/size, further adding to the confluence of new factors practitioners must take into account when filing a U.S. immigration benefit application or petition with USCIS.
  3. Updated filing locations and, notably, certain filings rerouted from monitored Service Centers to “Lockboxes,” which tend to take a longer time to process the filings received.
  4. New editions of many common employment-based immigration benefit forms, including Forms I-129, I-140, I-526, and I-829.

In line with the added complexity of the filing process resulting from the April 1 changes, practitioners have reported considerable delays in issuance of I-797 receipt notices, which USCIS issues to provide the petitioner/applicant and its legal representative with a case number and official confirmation of acceptance of the filing. While the specific reasons for the delays vary between cases, USCIS may need additional time to complete its intake of filings and to ensure compliance with the new requirements, given the scale of the April 1 changes. While some cases face delays, others are being “rejected” for a deficiency, sometimes resultant from erroneous observations by USCIS.

From a practical standpoint, this means that clients should be prepared for delays in receipt notice issuance, which can sometimes extend for up to and over eight weeks for certain filing types. Additionally, USCIS has generally not been responsive to inquiries placed in connection with receipt notice delays. Filers may track checks to ensure they are cashed by USCIS (an indication of case acceptance), but even filing fee check cashing has seen delays. Where available, filers may choose to submit eligible applications online for a quicker receipting process, but that may present its own set of challenges. First, only a narrow subset of forms are currently eligible for online filing. Additionally, electronic filings have only recently been implemented by USCIS and are subject to separate sets of considerations, like account access obstacles and document upload issues, among other observed, as well as unforeseeable, risks associated with the process as USCIS finetunes its electronic filing procedures and gradually expands eligible filing types.

Takeaways for Petitioners and Applicants

  1. Since some receipt notices are required for the ability to travel internationally and re-enter the United States, for instance I-751 or I-829 receipt notices, which temporarily extend conditional green card validity, it is important to take these delays into account when planning international travel. This means opting for flexible or cancelable flights or accommodations where available. As noted above, USCIS is generally not responsive to inquiries related to its receipting process and waiting for the receipt to be issued and delivered via USPS is generally the only available option.
  2. Employers filing for H-1B transfers should consider waiting for the receipt notice prior to onboarding the new employee to ensure the case is lawfully filed as of the employee’s start date.
  3. Receipts are also often utilized to demonstrate timely filing for immigration benefit extensions; filing early may help to ensure that a receipt is in hand prior to the expiration of the current I-94 or other expiring immigration benefit.

On April 8, 2024, U.S. Citizenship and Immigration Services (USCIS) published a temporary final rule (TFR) that increases the automatic extension period for eligible employment authorization document (EAD) applications from 180 days to 540 days beyond the current EAD expiration date. The TFR’s 540-day automatic extension applies to pending EAD extension applications filed on or after Oct. 27, 2023, and to EAD extension applications filed between April 8, 2024, and Sept. 30, 2025. The TFR will remain effective until Sept. 20, 2027, thereby ensuring a full 540-day auto-extension period for EAD applications filed through Sept. 30, 2025.

This TFR aligns with ongoing USCIS efforts to support employment authorized individuals’ access to work while the agency processes a record high number of pending EAD applications. According to USCIS Director Ur M. Jaddou, “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations.”

Requirements

To be eligible for the 540-day auto-extension rule, applicants must:

  • Timely file Form I-765 for an EAD extension before the current EAD expires (this does not apply to certain applicants with Temporary Protected Status); and
  • Request an EAD category that is the same EAD category as their current EAD and a category that is eligible for a 540-day automatic extension (see list of eligible categories below).

Please note that for H-4, E-3S, and L-2S dependent spouses a corresponding unexpired Form I-94 is required to qualify for the auto-extension rule. Moreover, please note that the 540-day automatic extension does NOT apply to F-1 STEM OPT extensions. STEM OPT extensions remain eligible for the 180-day auto-extension.

Categories Eligible for Automatic Extensions

The following employment eligible categories are eligible for automatic extensions:

Eligibility category listed on the extension renewal applicationDescription
(a)(3)Refugee
(a)(5)Asylee
(a)(7)N-8 or N-9
(a)(8)Citizen of Micronesia, Marshall Islands, or Palau
(a)(10)Withholding of Deportation or Removal Granted
(a)(12)Temporary Protected Status (TPS) Granted
(a)(17)Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
(a)(18)Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
(c)(8)Asylum Application Pending
(c)(9)Pending Adjustment of Status under Section 245 of the Act
(c)(10)Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16)Creation of Record (Adjustment Based on Continuous Residence Since Jan. 1, 1972)
(c)(19)Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit.”
(c)(20)Section 210 Legalization (pending I-700)
(c)(22)Section 245A Legalization (pending I-687)
(c)(24)LIFE Legalization
(c)(26)Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31)VAWA Self-Petitioners

United States Citizenship and Immigration Services (USCIS) continues to provide support to Ukrainian citizens and their immediate family members through a specialized re-parole process that went into effect Feb. 27, 2024.

Eligibility Criteria: To qualify for re-parole, applicants must demonstrate:

  • That they are a Ukrainian citizen or immediate family member who was paroled into the United States on or after Feb. 11, 2022;
  • That there are continued urgent humanitarian reasons or significant public benefit for a new period of parole, as well as any additional factors;
  • That they warrant a favorable exercise of discretion;
  • That they are physically present in the United States;
  • That they have complied with the conditions of the initial parole; and
  • That they clear biographic and biometric background checks.

Re-parole is not available to individuals currently outside the United States. Those outside the United States may consider applying for parole under the Uniting for Ukraine (U4U) program, which has its own set of eligibility criteria.

Application Procedure: You may apply for re-parole via a USCIS online account or via paper filing.

  • Online Application: Utilize the USCIS online account to submit Form I-131, track your case, and communicate with USCIS. The online system offers resources in Ukrainian and Russian to guide applicants through setting up their account.
  • Paper Application: If filing on paper, remember to indicate “Ukraine RE-PAROLE” clearly on Form I-131 and include all necessary documents and fees. If requesting a fee waiver, paper filing is required.

Documentation and Fees: Applicants must submit:

  • Form I-94; 
  • A copy of their USCIS-issued Employment Authorization Document (EAD). Include copies of the front and back;
  • A copy of both sides of their government-issued driver’s license or ID; and
  • A copy of the identity (biographical) page of their passport, with English translation and copies of all admission and parole stamps in their passport for entries into the United States. 

Check the USCIS website for the latest fee information, and be prepared to pay the required fee unless you qualify for and request a fee waiver.

Employment Authorization: Applicants can request an EAD using Form I-765. Applicants must wait for re-parole approval before applying for EAD. In certain cases, an updated Form I-94 may serve as temporary proof of employment authorization.

Filing Timing: Apply for re-parole before your initial parole period expires to maintain your authorized stay and work eligibility. It is best to apply no later than 60 days before the last day of your initial parole period.

For More Information, Please Visit:

USCIS Announces that Eligible Ukrainians Can Now Apply Online for Re-Parole – Ukraine Immigration Task Force (ukrainetaskforce.org)

Re-Parole Process for Certain Ukrainian Citizens and Their Immediate Family Members | USCIS

Frequently Asked Questions about the Re-Parole Process for Certain Ukrainians and their Immediate Family Members

Prior Related Inside Business Immigration Blog Posts:

DHS Announces Parole Extension for Certain Ukrainian Nationals in the United States

Certain Ukrainian and Afghan Parolees Employment Authorized Incident to Parole

Please join Anna Reiff and Cole Heyer, members of GT’s Immigration & Compliance Practice, for the webinar “Happier Trails: Essential International Travel Tips for U.S. Residents and Foreign Nationals” July 27 from 1 – 2 p.m. ET.

The summer months are a ripe time to tour the world, preview international universities for studies, or visit family—but only if you have the proper documentation to return to the United States.

Before booking that flight for a global destination, join this informative webinar designed to offer an overview of travel considerations amid the latest federal guidance for U.S. citizens and foreign nationals alike, including:

  • Understanding which documents to carry
  • Reviewing the visa stamping process, both for trips abroad and to the United States
  • Learning more about automatic revalidation
  • Exploring the important compliance items such as Form I-94s and passport validity
  • Discovering the ins and outs of travel on advance parole

Click here to register.