USCISJDSupra Immigration · 3 min read

Green Card & Nonimmigrant Admission Period: How to Read Your I-94 in 2026

Nonimmigrant visa holders must track I-797, visa stamps, and electronic I-94 records separately — each serves a different purpose. Misreading these documents can lead to unlawful presence, jeopardizing green card eligibility.

· Source: JDSupra Immigration
For EB-3 applicants currently holding nonimmigrant status (such as H-1B) while awaiting their green card, understanding the U.S. admission period is critical. Three separate documents govern how long a nonimmigrant may legally remain in the United States: the Form I-797 approval notice, the visa stamp, and the electronic I-94 record — and each serves a distinct function that should not be confused with the others. The Form I-797, Notice of Action, issued by USCIS upon petition approval, establishes how long an individual is eligible to hold a given status — often up to three years. However, this validity period does not directly determine how long the person is admitted into the country. Similarly, the visa stamp issued by a U.S. consulate abroad functions only as an entry 'ticket,' indicating when the holder may request admission, not how long they may stay once inside the U.S. The definitive record of an individual's authorized period of stay is the electronic I-94, maintained by U.S. Customs and Border Protection (CBP). Updated every time a nonimmigrant enters the United States, the I-94 specifies both the admission category (e.g., H-1B) and the exact authorized stay period. Nonimmigrants are strongly advised to check their I-94 on the CBP website after every entry to the U.S. to catch any errors early. A critical practical tip: when entering the United States, nonimmigrants should present not only their visa stamp but also their most recent I-797 approval notice and proof of maintained status (such as recent paystubs or an employment verification letter). Presenting only the visa stamp may cause a border officer to grant a shorter admission period than the applicant is entitled to. Passport expiration dates can also truncate an I-94, requiring a status extension petition. For EB-3 applicants on dual-intent visas or bridging to permanent residence, an improperly truncated I-94 or an unnoticed overstay could have serious consequences for green card processing, including triggering bars to re-entry. Regularly verifying I-94 records and maintaining documentation of all status approvals is an essential practice throughout the immigration journey.

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