I-94 Expiration or Visa Expiration – Which One Governs Your Authorized Stay in the U.S.?

Your visa is valid until July 7, 2006 but when you arrive in the U.S., your I-94 Arrival/Departure Record (the I-94 Card) is only valid until February 20, 2005. Which date governs your authorized stay in the U.S.? The two expiration dates have nothing to do with each other. Many foreign nationals and their employers are confused as to when the nonimmigrant status expires. In short, the I-94 Card is the document which governs the foreign national’s authorized period of stay in the U.S. This article will provide readers with a detailed comparison of the two documents.

The Visa

Most foreign nationals are required to obtain a visa in order to enter the United States. Visas are originally obtained at U.S. Consulates and/or Embassies. Canadians are visa exempt and can enter the U.S. without a visa. Foreign nationals from visa-waiver countries are also entitled to enter the U.S. without a visa under the visa waiver program provided they do not engage in unauthorized employment in the U.S. Foreign nationals who enter under the visa waiver program are given an authorized period of stay up to 90 days. All other foreign nationals require a visa to enter the U.S. It should be noted that possession of a nonimmigrant visa does not guarantee entry into the U.S. The foreign national must present the visa at the Port-of-Entry, but their actual entry is determined by the Immigration Officer upon review of the documents presented at the time admission is sought. The Immigration Officer at the Port-of-Entry makes the final determination on whether a foreign national can enter the U.S. and how long they can stay for any particular visit (this authorized period of stay is noted on the I-94 Card stapled into the foreign national’s passport by the Immigration Officer; see below).

The visa expiration date is printed on the actual visa. The validity period of the visa is the time the visa is issued until it the date expires. The visa can be used to gain entry into the U.S. anytime during the period of validity. Depending upon the nationality of the foreign national, visas may be valid for one entry or for multiple entries during the validity of the visa. For example, Chinese nationals are generally granted visas for only one entry. Each time they enter the U.S. they must apply for a new visa.

Foreign nationals should be careful not to overstay their period of authorized stay (expiration date on I-94 card). Overstaying their authorized period of stay can result in cancellation of the visa and may subject the foreign national to a three or ten year bar from re-entering the U.S. Foreign nationals should also be careful to use a visa only for the purpose for which the visa was granted. For example, a visitor visa is issued only for purposes of business visit or personal visit. Foreign nationals cannot engage in productive work or other employment activities under a visitor visa. Violating the terms of the visa by engaging in unauthorized activities after entry into the U.S. can also cause the visa to be cancelled or voided.

The I-94 Card

The I-94 Card is the Arrival/Departure Card which is issued to foreign nationals upon their entry into the U.S. and must be relinquished when leaving the U.S. If admitted into the U.S., a foreign nationals is issued an I-94 card which is then stapled into their passport. This document is extremely important as it evidences the foreign national’s authorized entry into the U.S. and sets forth the foreign nationals authorized status and period of stay in the U.S. Greenberg Traurig recommends that foreign nationals make photocopies of their I-94 card. If a foreign national’s passport or I-94 card is stolen, they should immediately contact the local police department to obtain a police report.

The I-94 Card is a small white card (foreign nationals from visa-waiver countries are given green I-94W cards). The Immigration Officer at the Port-of-Entry will stamp the card with the date of arrival, the nonimmigrant status of the foreign national, and the expiration of the authorized period of stay. The expiration date is the date by which the foreign national must either leave the U.S. or file an application to extend or change their authorized stay in the U.S. Applications to extend, change, or amend authorized periods of stay are filed with one of the four regional service centers of the United States Citizenship and Immigration Service (“USCIS”).

Foreign nationals must carefully review the expiration date of their I-94 card each time they enter the U.S. The date shown on the I-94 Card is the official record of their authorized length of stay in the U.S. As mentioned above, even though a visa may be valid for a period of three years, the Immigration Officer may not authorize the full period on the I-94 Card. Therefore, foreign nationals cannot use the visa expiration date to determine their authorized period of stay in the U.S. and must always refer to the expiration date as shown on the I-94 Card. If you have any doubts about a period of authorized stay, please contact the Business Immigration Team at Greenberg Traurig and we will assist you in identifying the proper expiration date.

Remaining in the U.S. beyond the period of authorized stay as granted on the I-94 card will cause the foreign national to be out of status and unlawfully present in the U.S. Staying beyond the period authorized is a violation of U.S. Immigration laws and may result in the foreign national being barred from reentering the U.S. in the future. Remaining in the U.S. more than 180 days beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of three years. Staying more than one year beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of 10 years.

Return to GT Immigration Observer Table of Contents