CBP Interim Final Rule: Definition of Form I–94 To Include Electronic Format

"The Form I–94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I–94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term ‘‘Form I–94’’ that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I–94 to accommodate an electronic version of the Form I–94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I–94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process. DATES: Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I–94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013." - Federal Register/ Vol. 78, No. 59 / Wednesday, March 27, 2013.