Form I-94 for The U.S.: Common Mistakes And How Travelers Can Avoid Them

The I-94 Arrival/Departure Record is an official entry document issued by U.S. Customs and Border Protection (CBP) when a foreign national enters the United States. It contains:

• Date of entry
• Status of stay (e.g. B-1, B-2, E-2, L-1, F-1, etc.)
• Duration of stay (“Admit-Until-Date”)
• An individual I-94 number

Since 2013, the I-94 has been issued electronically for almost all air and sea arrivals. Only at some land borders is a paper form still occasionally issued.

Many travelers to the U.S. believe that their visa determines how long they are allowed to stay in the U.S. In fact, however, it is the I-94 form that governs lawful stay – not the visa.

1. It determines the permitted length of stay
   The “Admit-Until-Date” is the legally binding deadline by which you must:
   • leave the U.S.,
   • extend your stay, or
   • change your status.
      
2. Exceeding the date on the form results in
   • an unlawful stay,
   • possible cancellation of the visa, and
   • entry bans in serious cases.
      
3. Required for numerous applications
   The I-94 is required for many immigration-related procedures, including:
   • extensions of stay,
   • changes of status,
   • applications for work authorization,
   • green card applications (adjustment of status), and,
   • in some cases, for the social security number (SSN).
      
4. Essential for employers and compliance
   Employers who sponsor foreign professionals (e.g. via H-1B, L-1, E-2, or O-1) must ensure that their employees' I-94s do not expire. An expired I-94 form can lead to the immediate termination of work authorization, even if the visa is still valid.

The electronic I-94 can be accessed in just a few minutes via the official CBP website:

→ https://i94.cbp.dhs.gov

There, you can view the following:

• your current I-94
• your travel history
• your previous I-94 numbers

You will need your passport information and personal details, just as you did when entering the country.

Despite careful preparation, many travelers repeatedly encounter typical difficulties related to the I-94 form, which can have significant implications for their immigration status in the U.S.:

• Incorrect or incomplete “Admit-Until-Date”
  Errors can occur, especially at land borders or during peak periods. You should review the I-94 within 24 hours. Corrections can be made through:
  • a so-called “Deferred Inspection”,
  • an appointment with CBP at the airport or
  • legal assistance, if necessary.
     
• Length of stay shorter than the visa
  Some status categories (e.g. TN, E-2, B-1/B-2) often receive shorter entry authorizations than the visa's validity period.
   
• Unintentional overstay
  Exceeding the I-94 period leads to:
  • an unlawful presence,
  • possible 3- or 10-year entry bans,
  • the invalidation of the visa, and
  • denial of future applications

In all these cases, legal advice should be sought immediately.

The I-94 plays a key role for all travelers, but especially for:

• E-2 and E-1 investors/traders
• H-1B, L-1, and O-1 workers
• F-1 students (“D/S” – Duration of Status)
• B-1/B-2 visitors
• ESTA travelers who are granted only 90 days. An extension is not possible.

U.S. citizens and green card holders do not receive an I-94 form. It is intended exclusively for “nonimmigrants,” whom immigration authorities define as “an alien who is admitted to the United States for a specific temporary period of time.”

Legal advice is advisable if:

• the I-94 is incorrect,
• an overstay has occurred or is imminent,
• a change of status or an extension is planned,
• employers must fulfill compliance obligations,
• regular business trips to the U.S. are taking place.