New Entry Procedure (I-94 Automated)

Beginning April 30, 2013 (this may be delayed), most foreign nationals who enter the U.S. will no longer be required to fill out and submit the paper version of Form I-94 when arriving in the U.S. and will not be issued an endorsed Form I-94 by U.S. Customs and Border Protection (“CBP”). Instead, they will be able to print the new record of admission by visiting I-94 Website, as necessary. This printed record will be necessary to prove to employers who must complete I-9’s to verify their employment eligibility and for government agencies such as the Department of Motor Vehicles, and the Social Security Administration when they seek certain licenses, benefits or registrations.

At the time of entry, the CBP will place a stamp in the passport which should include the port of entry, date of entry, authorized period of stay, and class of admission.

According to the CBP, the new automated procedure, in addition to offering significant savings in costs, should make the admission process simpler and quicker thereby helping to eliminate the long lines at the airports. A side benefit is that now if someone loses their record of admission (old paper Form I-94) they can simply go on line and reprint the proof of admission.

One of our concerns is that employers and government agencies have for so many years been used to checking the printed Form I-94 that during the first few months after the implementation many foreign nationals might have difficulty convincing employers and government agencies of their lawful admission status. The government promises to make major efforts to educate those who might still insist on seeing the paper version of the old I-94 form.

We are also concerned that errors in computer entries may not be as easily correctable as they were when clerical errors were made in the I-94 endorsements by CBP.

| I-94, Nonimmigrant