As previously indicated in our Immigration Update dated April 1, 2013, Customs & Border Protection ("CBP") began implementing the automated version of the Form I-94 Arrival/Departure Record at air and seaports of entry on April 30, 2013. CBP will roll out the automated Form I-94 at air and seaports of entry over a four week period from April 30, 2013 through May 21, 2013. Nonimmigrants entering the United States at air and seaports of entry will not be provided with a paper Form I-94. Instead, the nonimmigrant will need to access their electronic Form I-94 record by visiting\I94. CBP has indicated that it will be providing nonimmigrants affected by Form I-94 automation with instructions on how to look up their electronic record on the CBP's website.

Nonimmigrants may need their Form I-94 when requesting certain benefits from the U.S. Citizenship & Immigration Services (USCIS) and when requesting for public benefits from other governmental agencies, including Social Security Number (SSN) from the Social Security Administration (SSA) and/or a driver's license from a state Department of Motor Vehicles. However, the USCIS has indicated that it will be making an accommodation in its adjudication process in order to not disrupt the adjudication of benefits requests. USCIS has stated that it has begun updating certain forms requesting applicant and petitioners to enter admission numbers from their Form I-94 and/or their: 1. Passport information, including passport number, country of issuance and expiration date; and 2. Travel document information, including travel document information, country of issuance and expiration date. USCIS has stated that in addition to accepting the electronic Form I-94 from the CBP's website, it will also accept photocopies of passport pages that contain the individual's biographical information, visa and admission stamp. The USCIS stated that this alternative will allow applicants and petitioners more ways to provide proof of lawful entry into the United States and to establish eligibility for certain immigration benefits.

Additional information about the implementation of Form I-94 automation will be contained in our firm's future Immigration Updates when it becomes available.