By Benjamin A. Nucci
U.S. Customs and Border Protection (“CBP”) announced the elimination of issuing entry stamps in the passports of foreign nationals arriving in the U.S. While the measure is already in effect for some airports, not all ports of entry have ceased issuing entry stamps and CBP noted that the elimination is part of a phased approach.
A passport entry stamp is an inked impression CBP makes in the foreign national’s passport at the port of entry upon the foreign national’s admission to the U.S. The stamp contains the location of entry point, the date of entry, the class of entry (i.e., in H-1B status, F-1 states, etc.), and the duration the foreign national is permitted to stay. In that regard, the passport entry stamp was a useful reference reflecting the tracking of a foreign national’s travel history and immigration status. The same information contained on the passport entry stamp is also reflected on a foreign national’s official admission record, the Form I-94. The Form I-94 is not issued to the foreign national upon entrance, but is instead maintained and available online: https://i94.cbp.dhs.gov/I94/#/home
CBP is eliminating the passport entry stamp to streamline the entry process. As such, foreign nationals will now only have the Form I-94 to reference as proof of their lawful immigration status. The accuracy of an entry record is critical to ensuring the foreign national is in the appropriate status for the correct duration. In some instances, the Form I-94 can also be used by the foreign national as evidence of work authorization for completetion of the Form I-9. While the passport entry stamp afforded a foreign national the opportunity to inspect their immigration record at the port of entry—and therefore made correcting mistakes with CBP easier—the elimination now means that foreign nationals can only inspect their immigration record for accuracy after entrance.
Accordingly, foreign nationals are well advised to access and review their Form I-94 soon after entry so that needed corrections can be actioned in a timely manner. Employers should also consider counseling their foreign national employees on the change of process to ensure they are aware of the process and there is no unintended disruption to their work authorization.
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October 18, 2022 at 05:45AM
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Immigration Alert: CBP Eliminates Passport Entry Stamps - Snell & Wilmer
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