Many times there is confusion between the
validity of a U.S. visa and the length of authorized stay in the U.S. (I-94).
The two terms have different meanings and it is essential for anyone travelling
to the United States to clearly understand the difference between the
two.
U.S.
Visa Validity
- A U.S. visa gives foreign citizens (non-U.S. citizens) permission to travel and enter the United States at a port of entry. Once at the port of entry, the Customs Border and Protection (CBP) officer will determine whether the foreign citizen can enter the United States.
I-94
Validity
- As part of the admission process, the CBP officer will determine whether the visa holder can enter the United States at the port of entry and the duration of stay for any particular visit. During this process the U.S. visa holder will be issued an I-94 validity either by way of a stamp in the visa holder’s passport or electronically outlining the admission date, the class of admission, and the date that the traveler is admitted until. Foreign citizens travelling to the United States must adhere to the I-94 validity and ensure that they depart the United States prior to the expiry date in order to prevent becoming unlawful and/or visa cancellation.
The dates of the visa expiration and the I-94 expiration may differ. The I-94 expiry date is most important and there may be instances where the I-94 expiration date is AFTER the visa expiration date. In that case, you may legally remain in the U.S. however, any underlying work authorization attached to a visa validity date may expire when the visa does. If in doubt about your ability to remain in the U.S., please consult an Immigration Attorney.
The I-94
validity can be tracked online via the following link: https://i94.cbp.dhs.gov/I94/request.html
