[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15446-15448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05758]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Streamlining I-94 Issuance at the Land Border

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: To increase efficiency, reduce operating costs, and streamline 
the admissions process, U.S. Customs and Border Protection (CBP) is now 
issuing electronic Form I-94s (Arrival/Departure Record) at land ports 
of entry. The Form I-94 documents nonimmigrants' status in the United 
States, the approved length of stay, and departure information. CBP has 
automated the Form I-94 process for the majority of nonimmigrants 
arriving by air and sea. However, CBP previously issued paper Form I-
94s to nonimmigrants arriving by land. For land arrivals, CBP is no 
longer issuing paper forms to nonimmigrants upon arrival except in 
limited circumstances and upon nonimmigrant request if feasible. 
Nonimmigrants can access Form I-94s online or via mobile application.

FOR FURTHER INFORMATION CONTACT: Tricia Kennedy, Office of Field 
Operations, U.S. Customs and Border Protection at 
[email protected] or (813) 927-6420.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Form I-94

    The Department of Homeland Security (DHS) delegated its authority 
to issue and process the Form I-94 (Arrival/Departure Record) to U.S. 
Customs and Border Protection (CBP). See DHS Delegation 7010.3 II.B.5 
(May 11, 2006). CBP issues a Form I-94 to certain nonimmigrants who are 
eligible for admission or parole in the United States. Each arriving 
nonimmigrant who is admitted to the United States, including 
nonimmigrants arriving by commercial conveyances, must be issued a Form 
I-94 as evidence of the terms of admission, unless otherwise 
exempted.\1\ See section 235.1(h) of title 8 of the Code of Federal 
Regulations (8 CFR 235.1(h)). CBP generally issues the Form I-94 to 
nonimmigrants at the time they lawfully enter the United States. The 
current Form I-94 documents nonimmigrants' arrival and departure 
information, as well as their biographical information, such as name, 
birth date, sex, country of citizenship, visa and passport information 
or Alien Registration Number for certain categories of nonimmigrant, 
country of residence, address and telephone number while in the United 
States, and email address. For nonimmigrants admitted to the United 
States, the Form I-94 becomes the evidence of the terms of their 
admission. For nonimmigrants paroled into the United States, the Form 
I-94 reflects the duration and classification of parole. Currently, the 
Form I-94 process is automated for nonimmigrants arriving by air or 
sea. For nonimmigrants arriving by land, CBP utilized a paper I-94 
process that included a nonautomated electronic

[[Page 15447]]

submission option. These processes are described below.
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    \1\ The Form I-94 is not required for nonimmigrants seeking 
admission to the United States under the Visa Waiver Program (VWP). 
Rather, the Form I-94W is the form required for nonimmigrants 
seeking admission into the United States under the VWP. The other 
categories of nonimmigrants not subject to the I-94 requirement are 
enumerated in 8 CFR 235.1(h)(1).
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B. Previous Paper I-94 Process for Land Arrivals

    CBP previously used a paper Form I-94 process for all eligible 
nonimmigrants arriving at land ports of entry (POEs). The paper Form I-
94 consists of two parts: The arrival portion and the departure 
portion. Each nonimmigrant arriving by land for whom a Form I-94 is 
required completes both the arrival and departure portions of the form 
either en route to or upon arrival in the United States when 
applicable.\2\ The information requested on the arrival portion of the 
I-94 includes: Family name, first (given) name, birth date, country of 
citizenship, sex, passport number, passport expiration date, passport 
issue date, airline and flight number (if applicable), country of 
residence, country of boarding, city where visa was issued, date visa 
was issued, address and telephone number while in the United States, 
and email address. The departure portion includes fields for the 
nonimmigrant's full name, birth date, and country of citizenship.
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    \2\ Previously all eligible nonimmigrants would complete the 
paper Form I-94. Now nonimmigrants may continue to submit their 
information via the paper Form I-94 on arrival, but CBP strongly 
encourages nonimmigrants to submit their I-94 information via the 
website or mobile application up to seven days in advance instead.
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    After the nonimmigrant completes the Form I-94, he or she presents 
it to a CBP officer at primary inspection, along with his or her travel 
documents and any other applicable information. Previously, after a 
successful completion of the inspection process, a CBP officer stamped 
the nonimmigrant's Form I-94 and passport with either an admission or 
parole stamp. The CBP officer retained the arrival portion of the Form 
I-94 and returned the departure portion to the nonimmigrant. The 
departure portion of the form was provided to the nonimmigrant to 
retain in his or her possession for the duration of his or her stay and 
to surrender upon departure. In some circumstances, a nonimmigrant is 
required to have the Form I-94 in his or her possession at all times 
while in the United States. The nonimmigrant could present the 
departure portion to establish, where applicable, eligibility for 
employment, enrollment in a university, or benefits.
    CBP collects the arrival portions of the paper Forms I-94 daily at 
each POE and boxes and mails them to a centralized data processing 
center for logging, processing, scanning, and data capture.

C. Automation of Form I-94 for Air and Sea Arrivals

    Prior to the automation of the Form I-94 for air and sea arrivals, 
CBP followed the same paper Form I-94 process described above for all 
air and sea arrivals. In order to transition to an automated process, 
DHS published an interim final rule (IFR), which amended DHS 
regulations to specify that the Form I-94 could be created and issued 
in either paper or electronic format. See 78 FR 18457 (Mar. 27, 2013). 
On December 19, 2016, CBP finalized the changes announced in the IFR 
with the publication of a Final Rule in the Federal Register (81 FR 
91646). Although the regulatory changes permitted DHS to automate the 
Form I-94 process for all modes of travel (air, sea, or land), CBP 
stated in the IFR that it was transitioning to an automated Form I-94 
process for only air and sea arrivals at that time. Pursuant to the 
automated process, CBP no longer requires nonimmigrants arriving by air 
and sea to fill out a paper Form I-94 in most circumstances. Instead, 
an electronic version of the Form I-94 is populated with information 
available in CBP's databases, including the information electronically 
transmitted by air and sea carriers, as well as data from the 
Department of State's Consular Consolidated Databases (CCD). Any data 
element not available electronically is collected by the CBP officer at 
the time of inspection and recorded in the relevant electronic system.
    After a successful inspection, CBP issues an electronic Form I-94, 
which the nonimmigrant can access on a CBP website, https://i94.cbp.dhs.gov, or via the CBP OneTM mobile application, by 
entering details from his or her passport or Alien Registration Number 
for certain categories of nonimmigrants. The nonimmigrant can print a 
paper version of the Form I-94 to present as evidence of admission or 
parole. The printed version is the functional equivalent of the paper 
Form I-94. CBP may issue paper Form I-94s in limited circumstances and 
may provide a paper Form I-94 upon request from a nonimmigrant if 
feasible.

D. Enhanced Form I-94 Land Border Process

    As detailed in the Final Rule, in addition to the automation of the 
Form I-94 at air and sea POEs started by the 2013 IFR, CBP modified the 
process by which a nonimmigrant arriving at the land border can provide 
Form I-94 information and pay the related fee by adding a nonautomated 
electronic option on September 29, 2016. 81 FR 91646, 91648 (Dec. 19, 
2016). Specifically, CBP enhanced the I-94 website to enable 
nonimmigrants arriving at a land POE to submit the Form I-94 
information to CBP and pay the required fee prior to arrival. Using the 
I-94 website, the nonimmigrant enters all of the required data for I-94 
processing that would be collected by CBP at the POE. Upon paying the 
fee, the nonimmigrant receives an electronic ``provisional I-94''. This 
``provisional I-94'' becomes effective after the nonimmigrant appears 
at a land POE and completes the I-94 issuance process with a CBP 
officer. If the ``provisional I-94'' is not processed within seven days 
of submitting the application, it will expire and the fee will be 
forfeited.
    The I-94 website instructs the nonimmigrant to appear at the land 
POE for an interview and biometric collection. When the nonimmigrant 
arrives at the POE, the nonimmigrant completes the issuance process 
with a CBP officer. The CBP officer will locate the nonimmigrant's 
information in CBP's database using the nonimmigrant's passport or 
other travel document. This will verify that the fee was paid and pre-
populate the data fields from the document and the information provided 
in advance by the nonimmigrant on the I-94 website. Prior to May 26, 
2021, if the CBP officer determined that the nonimmigrant was 
admissible, the CBP officer would print out a Form I-94 and give it to 
the nonimmigrant.
    However, as of May 26, 2021, CBP is no longer providing a paper 
form to these nonimmigrants, who may now access their Form I-94 via the 
website or the CBP OneTM mobile application. As of June 11, 
2021, in addition to accessing their I-94 via the CBP OneTM 
mobile application, nonimmigrants now also have the option of 
submitting their Form I-94 information and paying the related fee via 
the CBP OneTM mobile application to receive a ``provisional 
I-94'' prior to arriving at land POEs.

II. Legal Authority

    The IFR added to the regulations a definition of ``Form I-94'' that 
allows DHS to issue the Form I-94 in either paper or electronic 
format.\3\ The introductory text of 8 CFR 1.4 states that the term 
``Form I-94'' includes the collection of arrival/departure and 
admission or parole information by DHS, whether in paper or electronic 
format. Additionally, the ``issuance'' of a Form I-94 includes, but is 
not limited

[[Page 15448]]

to, the creation of an electronic record of admission or arrival/
departure by DHS following an inspection performed by an immigration 
officer. 8 CFR 1.4(c). Together, these regulations authorize CBP to 
issue Form I-94 in either a paper or electronic format to any 
nonimmigrant eligible to receive a Form I-94.
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    \3\ See 8 CFR 1.4. CBP finalized the changes announced in the 
IFR with the publication of the 2016 Final Rule.
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III. Streamlining I-94 Issuance at the Land Border

    To increase efficiency, reduce operating costs, and streamline the 
admissions process, CBP is now issuing Form I-94s electronically and 
nonimmigrants no longer receive a paper I-94 receipt. Nonimmigrants can 
access their Form I-94s online through a website or via a mobile 
application. CBP will no longer provide a paper version of Form I-94 in 
the majority of circumstances. CBP continues to issue a Form I-94 at 
land POEs only upon payment of a fee.

A. The Electronic Form I-94

    As of May 26, 2021, CBP officers no longer issue most eligible 
nonimmigrants a paper version of the I-94 at the time of admission or 
parole. Rather, CBP issues an electronic Form I-94, which the 
nonimmigrant can access on a CBP website, https://i94.cbp.dhs.gov, or 
via the CBP OneTM mobile application. However, CBP may issue 
a paper Form I-94 in limited circumstances and may provide a paper Form 
I-94 upon request from a nonimmigrant if feasible.
    The printout from the website or mobile application is the 
functional equivalent of the departure portion of the paper Form I-94 
and includes the terms and duration of admission or parole. 
Nonimmigrants may print out a copy of the Form I-94 from the website or 
mobile application and present it to third parties to establish, where 
applicable, eligibility for benefits, enrollment at a university, or 
eligibility for employment.
    The streamlining of Form I-94 for nonimmigrants arriving by land by 
providing an electronic Form I-94 saves time and money for both the 
traveling public and CBP. The electronic process eliminates some of the 
paper Form I-94 processing performed by CBP and will reduce wait times 
at passenger processing, which will also facilitate inspection of all 
nonimmigrants. The electronic Form I-94 will save the time and expenses 
associated with lost Form I-94s, as nonimmigrants will simply be able 
to print out new copies from the website or mobile application as 
necessary, as opposed to filing a Form I-102 and paying a fee, as 
previously required. This will result in cost savings for 
nonimmigrants, carriers, and CBP.

B. Form I-94 Fee

    For land border admissions, CBP issues a Form I-94 only upon 
payment of a fee. See 8 CFR 235.1(h). Nonimmigrants intending to enter 
the United States at land POEs have the option either to pay the 
required fee at the border during processing or pay the required fee 
online or via the CBP OneTM mobile application up to seven 
days in advance of arrival.\4\ At this time, CBP is not changing the 
procedures regarding the payment of the Form I-94 fee. Accordingly, 
nonimmigrants arriving by land will continue to have the option to 
either pay the required fee at the POE or pay online or via the mobile 
application prior to arrival.
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    \4\ For more information on the electronic prepayment of the I-
94 fee for land border POEs online see 81 FR 91646, 91648. For more 
information on the CBP OneTM mobile application see 
https://www.cbp.gov/about/mobile-apps-directory/cbpone.
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    CBP strongly encourages nonimmigrants to apply and pay for I-94s 
via the website or mobile application.

IV. Privacy

    CBP will ensure that all Privacy Act requirements and applicable 
policies are adhered to during the streamlining of Form I-94 at land 
border POEs.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. The Form I-94 is 
covered by OMB control number 1651-0111. There is no change to the 
information collection associated with this notice.

VI. Signing Authority

    Commissioner Chris Magnus, having reviewed and approved this 
document, is delegating the authority to electronically sign this 
document to Robert F. Altneu, who is the Director of the Regulations 
and Disclosure Law Division for CBP, for purposes of publication in the 
Federal Register.

    Dated: March 14, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-05758 Filed 3-17-22; 8:45 am]
BILLING CODE 9111-14-P