Navigating U.S. immigration procedures can be overwhelming, especially when it comes to understanding various forms and their purposes. Among the most commonly referenced immigration documents are Form I-797, Form I-94, and a visa. While each serves an essential role in a non-citizen’s immigration journey, they are fundamentally different in purpose and function. Here’s a breakdown of these documents and what they mean for individuals navigating the U.S. immigration system.
What is Form I-797?
Form I-797, officially known as the Notice of Action, is issued by the United States Citizenship and Immigration Services (USCIS). This form serves as an official communication from USCIS regarding an application or petition filed with the agency. There are several types of I-797 notices, each with a distinct purpose, including:
- Approval Notice – Confirms that a petition or application has been approved
- Receipt Notice – Acknowledges that USCIS has received an application and provides a tracking number
- Request for Evidence (RFE) – Indicates that USCIS needs additional information before making a decision
- Rejection Notice – Informs the applicant that the application was not accepted for processing
- Biometric Appointment Notice – Provides details about scheduled biometrics collection (fingerprints, photo, and signature)
Importantly, Form I-797 itself is not a visa or an authorization to travel internationally. Instead, it serves as proof that USCIS has taken action on an application, such as approving an individual’s change of status or granting employment authorization.
What is Form I-94?
Form I-94, commonly known as the Arrival/Departure Record, is issued by U.S. Customs and Border Protection (CBP) when a non-citizen enters the United States. It serves as proof of legal entry and specifies the non-citizen’s visa classification and authorized period of stay in the U.S. Key elements of Form I-94 include:
- Date of Entry – The date the traveler was admitted into the U.S.
- Admitted Until Date – The last date the individual is permitted to remain in the country
- Class of Admission (Visa Status) – The category under which the person was admitted (e.g., H-1B, F-1, B-2)
The I-94 is now primarily issued electronically, and individuals can retrieve their I-94 record online at the CBP website. However, those entering through land borders may still receive a paper I-94.
What is a Visa?
A visa (or visa stamp) is an entry document issued by the U.S. Department of State (DHS) at a U.S. embassy or consulate outside the United States. It is stamped in an individual’s passport and allows them to travel to a U.S. port of entry for a specific purpose. However, a visa does not guarantee entry—a CBP officer at the port of entry makes the final determination regarding admission into the U.S.
Key Facts About U.S. Visas:
- A visa must be valid and unexpired when a foreign national seeks admission to the U.S.
- The visa validity period determines when you can travel to the U.S., but it does not dictate how long you can stay—that is determined by the I-94.
- If a visa expires while a non-citizen is in the U.S., they can remain legally as long as their I-94 remains valid (with limited exceptions).
Key Differences Between Form I-797, Form I-94, and a Visa
| Feature | Form I-797 | Form I-94 | Visa |
| Issuing Agency
|
USCIS | CBP | DHS |
| Purpose
|
Communicates USCIS actions on immigration application | Serves as a record of legal entry and authorized stay
|
Indicates eligibility to enter the U.S. for a specific purpose |
| Travel Document? | No | Yes (proof of legal stay in the U.S.) | Yes |
| Validity | Depends on the type of notice
|
Indicates duration of stay in the U.S. | Dictates when a non-citizen can travel to the U.S. |
| Online Availability? | Primarily sent by mail (except for cases filed through MyUSCIS online account) | Yes, retrievable from CBP’s website | No |
Why Are These Documents Important?
Each of these documents is critical for maintaining legal status in the U.S. While an I-797 approval notice may grant a change or extension of status, and a visa indicates an individual’s eligibility to enter the U.S. for a specific purpose, the I-94 determines the actual duration of stay permitted. It is important to note that non-citizens can maintain a lawful period of stay in the U.S. with an expired visa stamp, but their I-94 must remain valid while they’re in the U.S. It is essential for individuals to ensure that their I-94 does not expire before their immigration status is resolved, as overstaying can have serious consequences. For the most recent version of Form I-94, use the link here: I-94 Official Website – Get Most Recent I-94 Request
Conclusion
Understanding the distinction between these documents is crucial for anyone navigating U.S. immigration procedures. Keeping track of these documents helps ensure compliance with immigration laws and avoids complications related to status violations.
If you have any questions or need guidance regarding your immigration documents, consulting with an immigration attorney or legal expert is always recommended.
Disclosure: This document is for informational purposes only and does not constitute legal advice. Immigration laws and regulations are subject to change, and individual cases may vary. For personalized guidance and assistance with your immigration needs, consult a qualified immigration attorney.
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