22 Mar Did You Know?
Blog Update, March 22, 2022:
Are you having trouble finding the new I-94 number in the database of US Customs and Border Protection after filing Change of Status or Extension of Status.
For example, an employer may request a Change of Status or Extension of Status from USCIS for a foreign employee. Once USCIS approves the petition, USCIS will issue an I-797 Approval Notice with a new I-94 record at the bottom of the page. The new I-94 record will state the beneficiary’s name, the new dates of visa validity and a new I-94 number.
Did you know that the USCIS-issued I-94 approval record, however, will not appear in the US Customs and Border Protection I-94 database?
According to US Customs and Border Protection:
U.S. Citizenship and Immigration Services (USCIS) will issue an updated Entry/Departure Record Form I-94 on a Notice of Action Form I-797, to those who applied for and received an extension of stay, change of status, or requested replacement of the original I-94 issued by CBP. USCIS issued I-94 documents are not entered into the CBP online I-94 database, which is why your USCIS issued I-94 cannot be found and viewed. You can use the USCIS issued Entry/Departure Record Form I-94 on the Notice of Action Form I-797 as evidence of your current legal status in the United States.”
This is an issue for both employers seeking to comply with E-verify requirements and employees seeking to ensure their ability to prove their lawful employment status in the US.
Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.