Streamlining I-94 Issuance at the Land Border, 15446-15448 [2022-05758]
Download as PDF
<![CDATA[
15446
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices
Beginning date
040198
010199
040199
040100
040101
070101
010102
010103
100103
040104
070104
100104
040105
100105
070106
010108
040108
070108
100108
010109
040109
010111
040111
100111
040116
040118
010119
070119
070120
040122
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
123198
033199
033100
033101
063001
123101
123102
093003
033104
063004
093004
033105
093005
063006
123107
033108
063008
093008
123108
033109
123110
033111
093011
033116
033118
123118
063019
063020
033122
063022
Dated: March 11, 2022.
Jeffrey Caine,
Chief Financial Officer, U.S. Customs and
Border Protection.
BILLING CODE 9111–14–P
U.S. Customs and Border Protection
Streamlining I–94 Issuance at the Land
Border
jspears on DSK121TN23PROD with NOTICES1
A. The Form I–94
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
Jkt 256001
SUPPLEMENTARY INFORMATION:
I. Background
U.S. Customs and Border
Protection, DHS.
ACTION: General notice.
AGENCY:
18:27 Mar 17, 2022
Tricia Kennedy, Office of Field
Operations, U.S. Customs and Border
Protection at Tricia.Kennedy@
cbp.dhs.gov or (813) 927–6420.
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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Corporate overpayments
(eff. 1–1–99)
(percent)
Over-payments
(percent)
8
7
8
9
8
7
6
5
4
5
4
5
6
7
8
7
6
5
6
5
4
3
4
3
4
5
6
5
3
4
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
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.
[FR Doc. 2022–05688 Filed 3–17–22; 8:45 am]
VerDate Sep<11>2014
Under-payments
(percent)
Ending date
7
7
8
9
8
7
6
5
4
5
4
5
6
7
8
7
6
5
6
5
4
3
4
3
4
5
6
5
3
4
..............................
6
7
8
7
6
5
4
3
4
3
4
5
6
7
6
5
4
5
4
3
2
3
2
3
4
5
4
2
3
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
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).
E:\FR\FM\18MRN1.SGM
18MRN1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices
submission option. These processes are
described below.
C. Automation of Form I–94 for Air and
Sea Arrivals
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.
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.
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.
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.
VerDate Sep<11>2014
18:27 Mar 17, 2022
Jkt 256001
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
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
15447
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
3 See 8 CFR 1.4. CBP finalized the changes
announced in the IFR with the publication of the
2016 Final Rule.
E:\FR\FM\18MRN1.SGM
18MRN1
15448
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices
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.
jspears on DSK121TN23PROD with NOTICES1
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
VerDate Sep<11>2014
18:27 Mar 17, 2022
Jkt 256001
required. This will result in cost savings
for nonimmigrants, carriers, and CBP.
DEPARTMENT OF HOMELAND
SECURITY
B. Form I–94 Fee
[Docket No. DHS–2022–0001]
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.
CBP strongly encourages
nonimmigrants to apply and pay for I–
94s via the website or mobile
application.
Notice of Public Hearing on the Use of
Forced Labor in the People’s Republic
of China and Measures To Prevent the
Importation of Goods Produced,
Mined, or Manufactured, Wholly or in
Part, With Forced Labor in the People’s
Republic of China Into the United
States
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
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-appsdirectory/cbpone.
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
Department of Homeland
Security.
ACTION: Notice of public hearing.
AGENCY:
The Forced Labor
Enforcement Task Force (FLETF) will
hold a public hearing, as required by the
Uyghur Forced Labor Prevention Act, on
the use of forced labor in the People’s
Republic of China and potential
measures to prevent the importation of
goods mined, produced, or
manufactured wholly or in part with
forced labor in the People’s Republic of
China into the United States. This
hearing will be held remotely via web
conference.
DATES: The Forced Labor Enforcement
Task Force (FLETF) will hold the
hearing on Friday, April 8, 2022,
starting at 9 a.m. and ending at 1:30
p.m. EDT. Members of the public
interested in providing public testimony
must register by Wednesday, March 30,
2022, 11:59 p.m. EDT; instructions on
how to register are included in
ADDRESSES. Please note that the hearing
may close early, or run over time,
depending on the number of registered
speakers. Allocation of time within the
event may shift based on participation
and registration per topic area, as listed
in SUPPLEMENTARY INFORMATION.
ADDRESSES: The hearing will be held
remotely via web conference. Members
of the public interested in providing
public testimony at the hearing must
register at the following link, https://
forms.office.com/g/fC8AeiDEbQ, by
Wednesday, March 30, 2022, 11:59 p.m.
EDT. You must indicate in the
registration form that you want to speak
by selecting ‘‘provide public testimony’’
in question 6 (explaining how you are
‘‘requesting to’’ participate). You must
register for the public hearing with the
same email address that you plan to use
to login to attend the public hearing.
When registering, identify the topic area
on which you would like to speak. More
information regarding the list of topics
is included in SUPPLEMENTARY
INFORMATION below.
Members of the public interested in
attending in listen-only mode can
SUMMARY:
E:\FR\FM\18MRN1.SGM
18MRN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ See 8 CFR 1.4. CBP finalized the changes announced in the
IFR with the publication of the 2016 Final Rule.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
