US CBP Clarifies Policies for Certain Nonimmigrant Admissions

From Morgan Lewis, 10/27/2016

The agency confirms the admissibility of certain nonimmigrants who hold visas from different employers.

US Customs and Border Protection (CBP) recently clarified its policy on admissions to the United States after an applicant for admission changes employment or adds a concurrent employer. CBP confirmed that those applying for petition-based employment (H-1B, L-1, O-1, P-1, and R-1) who hold valid nonimmigrant visas need only present the valid visa and an I-797 approval notice for the new (or additional) employer. TN applicants may present either an I-797 approval notice issued by US Citizenship and Immigration Services or an employment letter from the new employer along with standard evidence of TN qualification. This formally confirms the CBP’s past practice of allowing certain nonimmigrants to be admitted to the United States with a petition approval in one employer’s name and a visa stamp in a different employer’s name.

Mission India Announces Significant Delays in US Nonimmigrant Visa Processing

From Morgan Lewis, 06/28/2016

The US Department of State recently announced that US consular posts in India are experiencing unusually long wait times for nonimmigrant visa (NIV) interview appointments. Current wait times for H and L visas are between 75 and 100 days. Current wait times for nonimmigrant visa interview appointments (not including B, F, and J visas) are as follows:

• Chennai—75 days
• Hyderabad—93 days
• Kolkata—96 days
• Mumbai—88 days
• New Delhi—100 days

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• These backlogs will likely increase throughout the summer, especially with the enormous increase in student applications that typically occurs in the summer months. The Department of State hopes to add consular positions to alleviate the increase in visa wait times. There are also plans to open a new US consulate in India in the foreseeable future.
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• Requests for expedited processing of visa applications will usually be granted only on a humanitarian basis involving the loss or threatened loss of life. Those required to travel abroad who must obtain a visa stamp in India should consider delaying travel to India until after the backlogs have subsided. Should an Indian national have reason to travel to another jurisdiction, applying outside of India as a Third Country National may be possible, however, Indian nationals are urged to check requirements at consular posts carefully since not every consulate accepts such applications.

U.S. Consulate in Toronto Suspends Third Country National Appointments in Summer 2016

From GreenbergTraurig, 05/06/2016

Following a trend from past summers, the U.S. Consulate in Toronto has suspended Third Country Nationals’ (non-Canadian Nationals’) visa appointments in the summer months of June, July, and August. This suspension only applies to Third Country Nationals and Canadian citizen applicants. Those Third Country Nationals who are legally living in Canada are unaffected. Third Country Nationals with an appointment already scheduled during the summer months may not be affected. However, applicants should consult with counsel or call the Consulate in advance to confirm prior to traveling to Canada.  For now, it appears that the other U.S. Consulates in Canada will continue processing Third Country Applicant visa applications during, but this could change as in years past.

UPDATE: Visa Systems Issues (39 posts restored)

From Travel.State.Gov, 06/23/2015

The Bureau of Consular Affairs reports that the database responsible for handling biometric clearances has been rebuilt and is being tested.  39 posts, representing more than two-thirds of our normal capacity, are now online and issuing visas. We are working to restore full biometric data processing.

• We issued more than 45,000 visas yesterday.  Beijing alone issued nearly 15,000 visas. 
• Our team continues to work 24/7 to restore the systems to full functionality. 
• We will continue to bring additional posts online until connectivity with all posts is restored. 
• We deeply regret the inconvenience to travelers waiting for visas.
• We continue to post updates to our website, travel.state.gov.
• Q: How long before you restore full system functionality? 
• We anticipate that the system will be fully reconnected this week.  We plan to work over the weekend to clear our backlog.
• As of noon today, 39 posts have been reconnected, representing more than two-thirds of the global nonimmigrant visa volume.  All our servers appear to be stable. 
• There is a large backlog of cases to clear, but we have already made good progress.  We will continue to bring additional posts online until connectivity with all posts is restored. 
• Q: What does this mean for travelers seeking visas?
• Many posts are now rescheduling interviews.  In some cases, interviews will be available as soon as June 24.  Please check the website of the nearest embassy or consulate for interview appointment availability and up-to-date messages.    
• Q: How many people were affected by this outage?
• We handle an average of 50,000 applications daily worldwide.  During the past two weeks, consular sections have continued to interview travelers who applied June 8 or earlier.  Interviews will now be available for those who applied after June 8.  Visa issuance has been delayed by the systems outage and the backlog will be addressed.
• Q: Once operational, how will cases be prioritized?
• We are already prioritizing urgent humanitarian cases and temporary agricultural workers.  We are working as quickly as possible to clear the backlog of pending visa cases.
• We apologize to travelers and recognize that this has caused hardship to some individuals waiting for visas. 
• Q: What about the foreign agricultural workers (H2A visa holders?)
• Nearly 1,700 temporary or seasonal workers have been issued new visas in Mexico.  These are applicants whose biometric data was captured before the systems went down.  
• An additional 250 received Port of Entry waivers from Customs and Border Protection (CBP).  We are no longer asking CBP to provide port of entry waivers, as we are now able to issue visas at border posts. 
• Based on our systems progress, we are currently rescheduling more than 1,500 H-2 visa applicants who were unable to be interviewed last week because of systems problems.
• Visa applicants, including agricultural workers, who have not received a visa should not report to the border.  Please contact the nearest embassy or consulate.  
• Q: What about domestic passports?
• Domestic passport operations are functioning, with some processing delays.  
• The technical problems have affected the intake of some mailed applications and same-day service at our passport agencies; however, we continue to issue routine and expedited passports to U.S. citizens for all overseas travel needs.
• Q: What about overseas passports?
• Overseas passport applications are being processed.  There have been delays in some cases, but posts overseas are able to issue emergency passports in urgent cases.

*Connected Posts

1. Paris
2. Monterrey
3. Ciudad Juarez
4. Guangzhou
5. Beijing
6. Shanghai
7. Tijuana
8. Nuevo Laredo
9. Mexico City
10. Guadalajara
11. Mumbai
12. New Delhi
13. Sao Paolo
14. Chennai
15. Manila
16. Bogota
17. Buenos Aires
18. Rio de Janeiro
19. Tel Aviv
20. Merida
21. Hermosillo
22. Karachi
23. Seoul
24. Lima
25. Santo Domingo
26. Kingston
27. Shenyang
28. Chengdu
29. DPT
30. Lagos
31. Guayaquil

32. London
33. Brasilia
34. Moscow
35. San Salvador
36. Quito
37. Ho Chi Minh
38. Hanoi
39. Kyiv

UPDATE: Visa Systems Issues (22 posts restored)

From Travel.State.Gov, 06/22/2015

• The Bureau of Consular Affairs is in the process of resolving technical problems with our visa systems. Though some progress has been made, biometric data processing has not been fully restored.
• Our team continues to work on this 24/7 to restore the systems to full functionality.
• As of noon today, 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume.
• We will continue to bring additional posts online until connectivity with all posts is restored.
• Last week, nearly 1,250 temporary or seasonal workers who had been issued visas in the past were issued new visas in Mexico, and we have issued more than 3,000 visas globally for urgent and humanitarian travel.
• We deeply regret the inconvenience to travelers and recognize the hardship to those waiting for visas, and in some cases, their family members or employers in the United States.
• We continue to post updates to our website, travel.state.gov.

Q: How long before you restore full system functionality?

• Public and private sector experts are making progress in correcting the visa problem, and we are striving to have the system fully reconnected sometime this week.
• As of noon today, 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume. All our servers appear to be stable. There is a large backlog of cases to clear, but we have already made good progress. We will continue to bring additional posts online until connectivity with all posts is restored.
• Overseas and domestic passports are being issued.

Q: How many travelers are affected by this outage?

• Most posts were able to handle visa interviews and some visa printing as usual through the end of last week. This week, many posts have rescheduled visa appointments.
• • We handle an average of 50,000 applications daily worldwide. Many applicants do not have immediate travel plans, and will receive visas in time for planned trips. We are prioritizing urgent medical and other humanitarian cases.

Q: Once operational, how will cases be prioritized?

• We are already prioritizing urgent humanitarian cases and temporary agricultural workers. Once the systems are fully operational, we will work as quickly as possible to clear the backlog of pending visa cases.
• We apologize to travelers and recognize that this has caused hardship to some individuals waiting for visas.

Q: What about domestic passports?

• Domestic passport operations are functioning, with some processing delays. These technical problems have affected the intake of some mailed applications and same-day service at our passport agencies; however, we continue to issue routine and expedited passports to U.S. citizens for all overseas travel needs.

Q: What about overseas passports?

• Overseas passport applications are being processed. There have been delays in some cases, but posts overseas are able to issue emergency passports in urgent cases.

Q: What about the foreign agricultural workers (H2A visa holders?)

• We issued nearly 1,250 H-2 visas for agricultural and temporary workers last week. These are applicants whose biometric data was captured before the systems went down.
• Additionally over the weekend we worked with DHS/CBP to facilitate the entry of more than 250 H-2 workers to travel to their places of employment in the United States.
• CBP has agreed to give cases processed through the U.S. Department of State due consideration. However, no visa applicant, including agricultural workers, should report to the border without first having applied for a visa and having been processed through an embassy or consulate.  
• Based on this weekend’s systems progress, we are currently rescheduling more than 1,500 H-2 visa applicants who were unable to be interviewed last week because of systems problems.

UPDATE: DOS Announces System Failures, Causing Passport/Visa Delays Worldwide

From GreenbergTraurig, 06/17/2015

The DOS Bureau of Consular Affairs in its efforts to address the technical problems with the visa systems states that the issue is not specific to any particular country or visa category and they do no expect the system to be fully online and operational before next week. They further state that they intend to work as efficiently as possible to clear the backlog of pending cases affected by the technical issues.

The DOS has issued updates regarding the following:

• Passport Applicants: issues affecting passport operations have been resolved and overseas passports are being issued;
• Nonimmigrant Visa Applicants: the DOS is unable to print most nonimmigrant visas approved after June 8, 2015. Further, the DOS is currently unable to process DS-160 online applications submitted on or after June 9, 2015. They recommend that if you completed and submitted Form DS-160 on or after June 9, 2015, you continue to monitor the DOS website and only attend the appointment if the situation has been resolved. However, if you submitted your DS-160 online application prior to June 9, 2015, you should plan to attend their scheduled appointment.
• Immigrant Visa Applications: the DOS is still currently unable to print most immigrant visas, including fiancé(e) visas, approved after June 8, 2015. Additionally, they are aware that some applicants continue to experience technical difficulties accessing Form DS-260.  The issues are intermittent,  therefore DOS  suggests that you return to the Consular Electronic Application Center periodically to try to complete Form DS-260.

While the DOS Bureau of Consular Affairs is apologetic and recognizes the hardship the technical issues this has created, they stress that border security is their main concern and they cannot circumvent any legal requirements to screen applicants prior to issuing visas for travel.

Technological Systems Issue: Passport/Visa Systems Errors

From travel.state.gov, 06/16/2015

The Bureau of Consular Affairs continues to address technical problems with our visa systems.  Some visa applicants will experience delays in receiving visas.  Others will be contacted directly to reschedule their appointments.  Passports are still being processed.

This issue is not specific to any particular country or visa category; this is a global issue.  We do not believe these problems stem from any cyber-security hacking issues.

Our border security responsibilities are critical to the visa process.  We cannot bypass the legal requirements to screen visa applicants before we issue visas for travel. We are assisting visa applicants with urgent humanitarian travel, and adoption cases are being processed.  Individuals with humanitarian travel needs should contact their nearest U.S. embassy or consulate.

• What caused this outage?  Was it a malicious action or hack? There is no evidence the problem is cyber security related. 
• How long before you restore full system functionality? Overseas passports are being issued.  Public and private sectors experts are working around the clock to correct the problem, but we do not expect the system will be online before next week.
• How many travelers are affected by this outage? This is a global issue and is having impact on our consular operations.  We are in daily communication with consular operations worldwide to assess the evolving impact and provide guidance, including information for the traveling public.
• Once operational, how will cases be prioritized? Once the systems are fully operational, we will work as quickly as possible to clear the backlog of pending visa cases. We apologize to applicants and recognize that this may cause hardship to applicants waiting for visas.  

U.S., China to extend visa validity to boost trade, tourism

From Reuters, 11/10/2014

China and the United States have agreed to significantly extend the terms of short-term visas, U.S. President Barack Obama said on Monday in Beijing, a deal he said would improve trade and business ties between the world's two largest economies.

Under the deal, which the United States will put into effect on Nov. 12, both countries would extend the terms of multiple entry short-term tourist and business visas to 10 years from one year, the White House said in an accompanying statement. Student visas would be extended to five years from one year.

"As a result of this arrangement, the United States hopes to welcome a growing share of eligible Chinese travelers, inject billions (of dollars) in the U.S. economy and create enough demand to support hundreds of thousands of additional U.S. jobs," the White House said in an emailed statement.

Obama made the announcement to business leaders during the Asia-Pacific Economic Cooperation forum after arriving in Beijing on the first leg of an eight-day Asia tour.

The extension of some visas for Chinese nationals to 10 years matches what is currently allowed for citizens of nations with close relations with the United States, such as European countries and Brazil.

A senior U.S. official said the visa agreement would allow the United States to tap into the fast-growing market of Chinese tourists traveling abroad. The United States now attracts only 2 percent of Chinese tourism.

"We see this as a really big win," the official said, estimating that the United States could gain 440,000 jobs by 2021 and receive an $85 billion annual infusion into the American economy as a result of the new policy.

It will also make it easier for Chinese businesses and investors to get involved in U.S. projects.

A second U.S. official said the political benefit of greater contact between Americans and Chinese would "get to some of the core sources of distrust and competition at the heart of the U.S.-China relationship".

Chinese travelers have long complained about extensive waiting times for pending U.S. visa applications, although the United States says it has made significant improvements.

December 2014 Visa Bulletin: Advancements for EB-3 China and Worldwide

From Fragomen.com, 11/07/2014

According to the State Department’s December Visa Bulletin, the EB-3 subcategory for professionals and skilled workers will move ahead by five months for most countries with the exception of India. EB-3 China will advance to June 1, 2010 and EB-3 worldwide will advance to November 1, 2012 for most other countries. EB-3 India will move ahead by just one week, to December 1, 2003. 

As expected, EB-2 China will advance by three weeks, to January 1, 2010, and EB-2 India will remain at February 15, 2005. 

December 2014 Priority Date Cut-Offs 
In December 2014, EB immigrant visa priority date cut-offs will be: 

EB-1 
Current for all countries. 

EB-2 
China: January 1, 2010 
India: February 15, 2005 
All other countries: Current 

EB-3 Professionals and Skilled Workers 
China: June 1, 2010 
India: December 1, 2003 
All other countries: November 1, 2012 

EB-3 Other Workers 
China: July 22, 2005 
India: December 1, 2003 
All other countries: November 1, 2012 

EB-5 
Current for all countries and subcategories. 

Consular Consolidated Database: Updates on Operational Status

From travel.state.gov

We have made significant progress and issued most of the worldwide backlog of nonimmigrant visa cases. We are working to bring the Consular Consolidated Database back to full operational capacity. We continue to prioritize immigrant visas, adoption cases, and emergency nonimmigrant visa cases. We are printing visas for these cases and all cases with very few delays. Please check with the embassy or consulate where you will apply for additional information. Please see our FAQs for more information.

State Department Announces Longer Delay in Visa Processing Times

From OgletreeDeakins, 07/31/2014

Last week, the U.S. Department of State’s (DOS) visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide delays in visa issuances for individuals seeking entry into the United States. The malfunction in the Consular Consolidated Database stalled the processing of U.S. visas for foreign nationals at consulates around the world, and was not limited to one consulate or country.

Although the consular database is back online, travelers should expect lengthy delays in obtaining U.S. visas. As confirmed by DOS officials, consular systems are not fully operational and priority is being given to immigrant visa cases over nonimmigrant visa issuances, which are further delayed as a result of backlogs that have lengthened visa wait times. In a July 30 update, DOS acknowledged that it anticipates that “it will take weeks to resume full visa processing capacity.” Visa applicants will be notified by the consulate when their passports and visas are ready to be collected.

GLITCH CRASHES GLOBAL US PASSPORT, VISA OPERATIONS

From The Associated Press, 07/23/2014

WASHINGTON (AP) — The State Department's global database for issuing travel documents has crashed, resulting in major delays for potentially millions of people around the world waiting for U.S. passports and visas, officials said Wednesday.

Unspecified glitches in the department's Consular Consolidated Database have resulted in "significant performance issues, including outages" in the processing of applications for passports, visas and reports of Americans born abroad since Saturday, spokeswoman Marie Harf said. She said the problem is worldwide and not specific to any particular country, citizenship document, or visa category.

"We apologize to applicants and recognize this may cause hardship to applicants waiting on visas and passports. We are working to correct the issue as quickly as possible," she said.

Harf said the problems with the database have resulted in an "extensive backlog" of applications, which has, in turn, hampered efforts to get the system fully back on line.

It was not immediately clear how many people are affected, but two U.S. officials familiar with the situation said some 50,000 applicants were hit in one country alone. The officials spoke on condition of anonymity because they were not authorized to discuss the matter publicly or identify the country.

The database is the State Department's system of record and is used to approve, record and print visas and other documents to ensure that national security checks are conducted on applicants.

U.S. Consulates in Canada Temporarily Suspend TCN Visa Processing Over the Summer

UPDATE 
From Canada CSC, 06/13/2013

Important information for U.S. residents: Due to increasingly heavy demand by Canada-based visa applicants, U.S. visa processing posts in Canada are unfortunately extremely limited in the ability to accept visa applications from U.S. residents during the peak demand period of June through August. Appointments for visa renewals for U.S. residents who are currently studying or working in the U.S. will be more readily available during non-peak periods in October and November, and January through May.

For information on options for extending or renewing authorization to continue studies or employment while in the U.S., contact U.S. Citizenship and Immigration Services. Many travelers to Canada and Mexico are eligible for automatic revalidation at a Port of Entry without a new visa.

U.S.-based applicants who need a visa are encouraged to schedule an appointment in their home country. Information on worldwide appointment availability is found on the State Department’s website, www.Travel.State.gov.

From Fragomen.com, 06/10/2014

Third-Country National Visa Appointments Unavailable at U.S. Posts in Canada This Summer The Department of State has confirmed that third-country national (TCN) processing will not be available at any U.S. consular post in Canada from June to August 2014, except in emergency situations. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected. 

The suspension will primarily affect foreign nationals who seek to renew a visa in Canada rather than travel to their home country. Appointments are expected to be available to foreign permanent residents of Canada, however. 

From www.OgletreeDeakins.com, 06/04/2014

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an individual who applies for a visa at a U.S. Embassy or Consulate in a country where the individual is not a citizen or national.

The U.S. Department of State has reported that, as a result of heavy demand by Canada-based visa applicants during June, July, and August, the seven Canada posts are extremely limited in their ability to accept TCN cases during these peak demand months. Canadian posts will offer increased appointment availability for TCNs during non-peak processing times, namely October and November, and January through May. In the event of emergency cases during the peak demand period, applicants may seek consideration for scheduling an interview at a Canada post by visiting canada.usembassy.gov.

Department of State's Visa Wizard

The U.S. Department of State has a new tool for foreign national visitors. The Visa Wizard is a guide to help determine which visa category might be appropriate for travel to the US. 

http://www.travel.state.gov/content/visas/english/general/visa-wizard.html 

Holiday Travel Planning for Foreign Nationals

As the holidays approach, many foreign nationals are planning international travel. Now is the right time to make sure you are prepared, from an immigration perspective, to depart and reenter the United States. Understanding your immigration obligations can help minimize the possibility of delays. 


WHAT INTERNATIONAL TRAVELERS SHOULD DO NOW 

If you are planning international travel this holiday season, make sure to do the following: 

Check your passport to make sure it is valid. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to leave the United States at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule. Under international treaties, many countries have an agreement with the United States under which a passport is deemed valid for an additional six months past its expiration date so that the passport holder can return to his or her country of citizenship. If you have questions about whether your passport is valid for reentry, contact your designated Faculty & Researcher Immigration Specialist.  

Check your visa to make sure it is valid for reentry to the United States. When you come back to the United States after international travel, the visa stamp in your passport must reflect your current nonimmigrant visa status, it must be unexpired, and, if the visa has a limited number of entries, it must have a remaining valid entry available on the intended date of reentry to the United States. 

Under certain circumstances, if you are making a short trip of 30 days or less to Canada or Mexico and have a valid I-94, you can reenter on a previously issued visa, even if it has expired. The visa is deemed automatically revalidated upon reentry. However, if you have applied for a new visa while in Canada or Mexico or if you are a citizen or national of Cuba, Iran, Sudan or Syria, you must wait to obtain the new visa in order to reenter the United States. Canadian citizens are not generally required to have a valid visa to enter the United States. ,

If you are an adjustment applicant, find out whether you need advance permission to travel before you leave the United States. If you are an applicant for adjustment of status to permanent residence, you must, in some cases, obtain advance permission to travel – known as advance parole – in order to leave the United States while your adjustment application is pending. 

If you already have a valid H-1B, H-4, L-1A, L-1B or L-2 visa, you may reenter the United States on that visa, without the need for advance parole. Note, however, that U.S. Citizenship and Immigration Services (USCIS) policies are unresolved when it comes to H and L nonimmigrant family members who have been granted employment authorization as adjustment applicants and have used the authorization to work. H and L family members who have worked in the United States should be cautious when traveling, and obtain and use an advance parole for reentry to the United States. 

Is a change or extension of your status pending with U.S. Citizenship and Immigration Services? Traveling abroad while your extension application is pending should not jeopardize your application. But if you have a change of status application pending, you should avoid international travel until it is adjudicated. USCIS will consider the change of status request to be abandoned if you depart the United States while it is pending. Though the underlying nonimmigrant petition could still be approved, you would need to depart the United States, apply for and obtain a new visa, and reenter to take up the new status. Find out additional information here. 

If you’re planning business or tourist travel to the United States under the Visa Waiver Program, make sure you comply with program requirements. The Visa Waiver Program (VWP) allows citizens and nationals of designated countries to enter the United States for up to 90 days of business or tourist travel without a visa, provided that they meet specific registration and passport requirements. If you’re planning to travel under the VWP, you will need to have a valid registration in the Electronic System for Travel Authorization (ESTA) at least 72 hours before your departure for the United States. Find out more about VWP passport and ESTA requirements here. 


WHAT TO EXPECT AT U.S. CONSULATES AND U.S. PORTS OF ENTRY 

Plan for the possibility of visa delays at U.S. consulates. During the holiday travel season, U.S. consulates overseas are busier than ever processing visa applications and may have reduced hours around the holidays. If you will be applying for a new visa while abroad, check the relevant consulate or embassy for specific information about application procedures and processing times. Detailed information about visa application procedures is available here. 

Plan for possible security clearance delays during the visa application process. The U.S. consulate may require your visa application to undergo additional security checks based on your country of nationality, whether your name is similar to an individual listed in a U.S. government security database, if your job or degree is in a high-technology field, or for other reasons. If a security clearance is required, your visa cannot be issued until the clearance has been completed. Because this process is confidential, the consulate will not confirm that a security clearance is underway but may indicate that “administrative processing” is required. Security clearances can take anywhere from a few days to several weeks or more. In general, the government will not expedite a security clearance. 

At the U.S. port of entry, be prepared for security screening procedures. When you return to the United States, you will need to go through the Biometric Data Collection System (formerly known as US-VISIT), a check-in process where your fingerprints, photograph and travel documents are scanned against U.S. national security and police databases. You may also be subject to intensive questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues. 

It is important to remain patient during these procedures and answer all questions clearly. If you don’t understand a question, ask for clarification.

Arrival-departure record. Once you have been cleared by U.S. Customs and Border Protection (CBP) at an air or sea port of entry, you will be issued an electronic I-94 (arrival record) and a passport admission stamp that shows the date and class of admission, and an admitted-until date. The expiration date on the I-94 marks the expiration of your eligibility to remain in valid legal status in the U.S. 

It is important that you obtain a printout of your electronic I-94 here; you should send a copy to your immigration@ohr.gatech.edu and retain one for your records. Notify your Global Human Resources if you note any errors on your I-94 record. 

Source Fragomen.com, 11/18/2013