Automatic Revalidation of I-94: For those who want Travel to Mexico, Canada and Adjacent islands
Applies H-1B / H-4, F1, OPT, and few other non-immigrant visa status individuals
Summer is coming and many are planning to travel for short vacations less than 30 days to Mexico, Canada or on short cruises. Usually a visa stamp on the passport is required to be able to travel abroad. However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. This process is called the automatic revalidation (as per revalidation of I-94 status).
“Automatic revalidation” of the U.S. Visa, is when the a certain non-immigrant visa holder such as H1, H4, F1, OPT and some other visas can re-enter the United States without a new visa stamp on their passport even though the stamp is expired.
After original entry to the U.S., persons in H (H1B and H4) status with an expired non-immigrant visa in their passports can re-enter the U.S. without obtaining a new U.S. Visa stamp. This rule only applies if they have traveled to a contiguous territory (Canada or Mexico or adjacent islands). The trip should not exceed 30 days.
In order to us the automatic re-validation of an expired H-1B/H4 visa after the trip to a contiguous territory, the visa holders must have, in addition to their passport and I-797 H-1B or H-4 approval notice, a valid Form I-94 card (either from the 797 notice or printed from CBP website) passport Admission stamp showing H-1B or H-4 status.
If someone is entering United States by air or sea, we highly recommend that they carry a copy of your electronic Form I-94. You can print a copy of the I-94 from this Custom Border Patrol (CBP) website. Moreover, if you are H1B or H4 EAD, it is recommended to carry a current letter from your employer confirming your employment. All those seeking to benefit from the automatic revalidation must have a passport with a minimum 6 months validity.
Under 22 CFR C. 1, part 41.112(d), the re-validation program is not available to certain individuals, make sure you are not in this category.
Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have a valid admission stamp or paper Form I-94, must reapply for and be issued nonimmigrant visas prior to their reentry to the United States, if one or more of the following situations exists (this is not a complete listing):
The nonimmigrant traveler with an expired nonimmigrant visa (but valid admission stamp or paper Form I-94):
- Applied for a new visa which has not yet been issued;
- Applied for a new visa and was denied;
- Has been outside of the United States for more than thirty days;
- Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions; Is a
national of a State Sponsor of Terrorism designated country, including Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs
on the State Department website; - Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
- Is in possession of an M student visa and has traveled to a location outside the United States, other than Canada and Mexico.
Note that the list above might change especially with the US new relationship with Cuba and new countries added to countries of list of State which sponsors terrorism. We recommend talking to a lawyer before you travel. You can call our office at 510 742 5887, if you have any questions.
