Navigating U.S. immigration processes can be challenging, especially when it comes to changes in employment-based statuses and the management of I-94 records. With the shift to digital I-94 records, the procedure has changed. This article addresses common concerns and provides answers to key questions on managing I-94 records in the digital age.
What Was the Old Process for Submitting I-94s?
Previously, when individuals on employment-based visas like TN or L-1 left the U.S. permanently and/or left employment with the sponsoring company, they were required to hand in their physical I-94 card to the Canadian Border Services Agency (CBSA) if departing to Canada. CBSA would then transfer these I-94 cards to U.S. Customs and Border Protection (CBP), officially recording the final departure and effectively terminating the individual’s work status. This manual process ensured that an individual’s I-94 was updated accurately and in a timely manner.
How Do Individuals Turn in Their I-94s Now That There Are No Physical I-94s?
With the elimination of physical I-94 forms, the process of updating an I-94 record has become automated. When an individual departs the U.S. by air or sea, their I-94 record is updated electronically based on the departure information provided by the airlines or shipping lines. Similarly, when crossing land borders, departure records are generally updated electronically as well. However, individuals should still be mindful and check their I-94 status online to ensure that the departure has been properly recorded.
For those leaving the U.S. permanently or changing their status, it’s recommended to proactively confirm that their departure has been updated on their I-94. This can be done by visiting the CBP’s I-94 website and verifying their record status. If discrepancies are found, individuals can reach out to CBP for corrections.
Scenario: TN Holder Quits Job and Returns to Canada, But Later Seeks to Re-enter the U.S. as a Visitor. How Can We Ensure They Aren’t Erroneously Admitted in TN Status?
One of the complexities of managing I-94 records electronically is ensuring that individuals are admitted under the correct status when re-entering the U.S. This is particularly relevant for TN holders who may leave the U.S. before their I-94 expires and seek to return as a visitor.
How to Address This Issue: CBP recognizes this scenario and is aware of the concerns expressed by immigration practitioners and affected individuals. To prevent being incorrectly admitted under their previous employment-based status, CBP recommends that individuals:
- Proactively Inform CBP Officers: At the time of re-entry, individuals should clearly communicate that they are no longer employed in the U.S. and do not wish to be admitted under their previous status.
- Request Secondary Inspection: Applicants can request a referral to secondary inspection to clarify their current situation and obtain a new I-94 record that reflects their intent to enter as a visitor rather than under their prior TN or L-1 status.
- Obtain a New I-94 Record: During secondary inspection, the CBP officer can issue a new I-94 record that accurately reflects the applicant’s current purpose of travel, ensuring there is no confusion or misapplication of status.
By taking these steps, individuals can ensure they are admitted under the correct status, avoiding potential complications such as being erroneously considered still in TN or L-1 status, which could have immigration consequences.
Key Takeaways:
- Stay Proactive: Always verify your I-94 record after any changes in status or departure from the U.S.
- Communicate Clearly with CBP Officers: Explain any change in employment status when re-entering the U.S. to avoid confusion.
- Use Secondary Inspection When Necessary: If there’s any uncertainty or concern about your status, requesting secondary inspection can help clarify your situation and prevent potential issues.
Understanding how to manage I-94 records effectively is crucial for anyone navigating employment-based visas like TN or L-1. The shift to electronic records has streamlined some aspects of the process, but it also requires individuals to be more proactive in ensuring their records are accurate. By staying informed and taking the right steps, you can avoid common pitfalls and maintain your correct immigration status when entering or leaving the United States.
In conclusion, managing I-94 records in the digital age requires individuals on employment-based visas, like TN or L-1, to be proactive and vigilant. While the shift to electronic records has streamlined processes, it’s essential to verify I-94 statuses, especially when changing employment or re-entering the U.S. as a visitor. By clearly communicating with CBP officers and utilizing secondary inspections when needed, individuals can avoid potential immigration issues related to their status.
For expert guidance navigating complex U.S. immigration processes, including I-94 management and employment-based visas, trust Berardi Immigration Law. Our experienced team is here to ensure your immigration journey is smooth and stress-free. Contact us today for personalized assistance!
Ready to have Berardi on your side?
Whether you’re a business looking to hire or a professional hoping to relocate, immigration law can be complicated. But you don’t have to do it alone. Put our experience to work for you.