Nonimmigrant Travel To The US: Understanding Travel & Status Documents

There are typically four key documents relating to nonimmigrant
(i.e., temporary) travel to and authorized stay in the United
States. It is important to understand what these documents are,
what purpose they serve, and how they impact one another.

Understanding these issues will help answer the questions
“Can I travel to the US?”, “How long can I
stay?”, and “If I leave the US, can I come
back?”

What Are the Nonimmigrant Travel and Status Documents?

1. Passport

A passport is an official travel document issued by a government
that certifies a person’s identity and nationality for
international travel. In most cases, the passport assures entry
only into the country that issued it. A visa is usually required
for entry into other countries.

All nonimmigrants traveling to the US must hold a valid passport
or similar travel document. The US requires that the passport be
valid for at least six months beyond the period of intended stay in
the United States. However, the US has agreements with certain countries that allow their citizens to enter
the US even if their passports are set to expire within six months
of the end of their intended stay. Citizens of these countries need
only have a passport valid for their intended period of stay.

2. Visa

A US visa is an official document issued by a US consulate or
embassy outside the United States. It is placed in the passport and
allows the visa holder to travel to a US port of entry and request
permission to enter the United States.

A traveler seeking admission to the US in a nonimmigrant status
must have a visa that is valid on the date of entry. However, the
duration of stay (i.e., how long a nonimmigrant is authorized to
stay in the US) is determined by the US Customs and Border
Protection (CBP) officer upon entry.

There are many types of visas, each for a specific purpose.
Examples include B-1/B-2 (business visitor/tourist), F-1 (student),
H-1B (specialty occupation worker), and L-1 (intracompany
transferee). There are many other categories of visas.

At present, 42 countries are eligible for visa-waived travel to
the US for business and tourist travel purposes. Citizens of these
countries may travel to the US for stays of up to 90 days without
first obtaining a B-1 (business) or B-2 (tourist) visa. Although a
visa is not required, these individuals must secure an approved
travel authorization, referred to as Electronic System for Travel
Authorization (ESTA) approval. Visa waiver/ESTA travelers must
still be in possession of a valid passport and will be issued an
I-94 record upon admission to the US.

3. I-94 Record

An I-94 record, also known as an Arrival/Departure Record, is a
document issued by a CBP officer at the port of entry. It records
the traveler’s entry into the US, specifying the date of entry,
the class of admission (e.g., F-1 student, H-1B temporary worker,
etc.), and the authorized period of stay.

Prior to 2013, most I-94 records were issued on a white paper
card stapled into the traveler’s passport. Since 2013, most
I-94 records have been processed electronically and are available
via the website of US Customs and Border Protection (CBP)
here.

The I-94 is the document that determines nonimmigrant
status in the US and its expiration, and it must be unexpired for
the individual to remain in valid nonimmigrant status.
Mintz recommends that clients check their I-94 record after every
admission to the US to ensure that the class and period of
admission are correct.

Note that the I-94 may reflect a shortened period of authorized
stay if the person’s passport is expiring earlier than the
period for which the individual would otherwise be admitted.

When a petition or application to extend or change one’s
nonimmigrant status in the US is filed with United States
Citizenship and Immigration Services (USCIS) and approved, the
approval notice will contain a new I-94 record reflecting the new
or extended nonimmigrant status and period of authorized stay.

With limited exceptions, every entry into the United States
results in a new I-94 record reflecting a new period of authorized
admission. This is true even for those whose status was previously
extended in the US, so it is critical to check the I-94 after every
entry into the US.

4. I-797 Approval Notice

As noted earlier, visas are issued by US consulates and
embassies abroad. Some visa categories, such as H-1B, O-1, and
(non-blanket) L-1, require approval of a petition by USCIS before
the visa can be issued. The petition approval notice is issued by
USCIS on Form I-797 Notice of Action, and a valid I-797 approval is
a prerequisite to applying for a visa in these classifications.

In addition to a valid visa, nonimmigrants entering the US in
categories requiring USCIS petition approval must have a valid
I-797 approval notice when entering the US.

Extensions and changes of nonimmigrant status are also approved
on an I-797 Notice of Action. These will contain an updated I-94
governing the period of stay, which may be valid longer than the
originally issued visa. As noted above, when later departing and
reentering the US (which may require a new visa), a new I-94 will
be issued governing the authorized period of stay.

Other Common Situations

Similar to certain employment-based nonimmigrants requiring a
USCIS-issued Form I-797 approval notice, other common situations
include:

• Students applying for F-1 visas must present a Form I-20 issued
  by the school they will attend in the US




• Exchange Visitors applying for J-1 visas must present a Form
  DS-2019 issued by the J-1 program sponsor

Travel to the US

Any nonimmigrant traveling to the US must be in possession
of:

• A passport valid for the intended duration of stay in the US
  (or, in some cases, valid for 6 months beyond the intended
  duration of stay);




• A valid nonimmigrant visa (unless traveling with ESTA approval
  or visa exempt); and




• If applicable, the following classification-specific documents:
  
  

  • H-1B, O-1, (non-blanket) L-1: an unexpired I-797 approval
    notice.

  
  

  • Blanket L-1: Completed and signed Form I-129S with an unexpired
    endorsement from the US consulate or embassy.

  
  

  • F-1: valid Form I-20 issued by the intended educational
    institution.

  
  

  • J-1: valid Form DS-2019 issued by the exchange visitor program
    sponsor.

Additional guidance on entry into the US in a nonimmigrant visa
status is available here.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.