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DHS/USCBP RIN: 1651-AA96 Publication ID: Spring 2016 
Title: Definition of Form I-94 to Include Electronic Format 
Abstract:

The Form I-94 is issued to certain aliens upon arrival in the United States or when changing status in the United States. The Form I-94 is used to document arrival and departure and provides evidence of the terms of admission or parole. Customs and Border Protection (CBP) is transitioning to an automated process whereby it will create a Form I-94 in an electronic format based on passenger, passport, and visa information currently obtained electronically from air and sea carriers and the Department of State as well as through the inspection process. Prior to this rule, the Form I-94 was solely a paper form that was completed by the alien upon arrival. After the implementation of the Advance Passenger Information System (APIS) following 9/11, CBP began collecting information on aliens traveling by air or sea to the United States electronically from carriers in advance of arrival. For aliens arriving in the United States by air or sea, CBP obtains almost all of the information contained on the paper Form I-94 electronically and in advance via APIS. The few fields on the Form I-94 that are not collected via APIS are either already collected by the Department of State and transmitted to CBP or can be collected by the CBP officer from the individual at the time of inspection. This means that CBP no longer needs to collect Form I-94 information as a matter of course directly from aliens traveling to the United States by air or sea. At this time, the automated process will apply only to aliens arriving at air and sea ports of entry.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1.4    8 CFR 264.1(b)   
Legal Authority: 8 U.S.C. 1101    8 U.S.C. 1103    8 U.S.C. 1201    8 U.S.C. 1301    8 U.S.C. 1303 to 1305    5 U.S.C. 301    Pub. L. 107-296, 116 stat 2135    6 U.S.C. 1 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  03/27/2013  78 FR 18457   
Interim Final Rule Comment Period End  04/26/2013 
Interim Final Rule Effective  04/26/2013 
Final Action  08/00/2016 
Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Suzanne Shepherd
Director, Electronic System for Travel Authorization
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue NW.,
Washington, DC 20229
Phone:202 344-2073
Email: suzanne.m.shepherd@cbp.dhs.gov