CBP is now sending automated email reminders to certain nonimmigrant visitors roughly 10 days before their authorized stay expires. The email comes from a “Staycompliance” or “travelercompliance” address incorporated into the Form I-94 system and informs the traveler they have 10 days remaining on their admission into the United States. A second, more pointed email follows if CBP has no record of departure once the admit-until date has passed.
The notices are technically informational, not a legal determination, but the underlying deadline, and how business travelers and their employers respond to it, can have a significant impact on future travel. As a practical matter, any attempt to categorize a business traveler’s overstay as inadvertent or unintentional, no matter how short, is unlikely to be successful.
The Basics
- Who gets it, and when. VWP/ESTA travelers and certain other nonimmigrants with an electronic I-94 record receive the first email about 10 days before their admit-until date, generated from CBP’s system, without reference to actual travel plans or a pending extension of stay or change of status.
- What it is not. CBP describes the notice as informational only. A timely extension or change-of-status filing can preserve status even if CBP’s system has not caught up, but that information gap is exactly why business travelers need to follow up.
- Where to verify. Travelers can check their own record anytime at I94.cbp.dhs.gov under “View Compliance,” or via the CBP Home app.
Why It Matters
- Unlawful presence accrues regardless of whether CBP ever sends a notice and more than 180 days of unlawful presence can trigger a 3-year bar to reentry; more than 365 days can trigger a 10-year bar.
- VWP overstays generally forfeit future VWP eligibility, in addition to any potential statutory bar to entry.
- The record can impact future visa adjudications and admissibility determinations. An error that is not corrected now can surface months or years later at a consulate or port of entry.
- Without an internal process, HR/Global Mobility professionals are relying on the business traveler/employee to monitor an email notice typically sent to a personal inbox. This potential compliance gap creates business risks for the employer and the employee, particularly if it is a key employee or a repeat business visitor the company depends upon.
Our Perspective
The real risk these notices create for employers is what happens (or does not happen) after the emails arrive. A few best practice recommendations include:
- Treat any compliance notice, first or second stage, as a priority action item, not merely a technical notice. For second stage notices, immediately verify the accuracy of the business traveler’s Form I-94 record.
- Confirm the timely departure was accurately recorded. Have the business traveler check the I-94 website after departure and retain a screenshot or confirmation showing an exit was captured, particularly at land borders where automated exit tracking is less reliable.
- Retain copies of the emails, I-94 records, boarding passes, and any USCIS filing receipts tied to the trip. If a status question arises later, at a consulate, a port of entry, or in a future visa petition, this documentation can be the difference between a quick resolution and a significant problem.
- It is essential business travelers are reminded that an admit-until date is a critical compliance deadline they are personally responsible for, that the CBP email is an important formal notice and that noncompliance can carry significant consequences in the future.
Because CBP sends these notices to the business traveler, not the company, employers without an established business visitor tracking process are the most exposed. If your organization does not already have a formal process for tracking business visitor admit-until dates and confirming departures are properly recorded, it may be wise to do so now before a gap creates a major issue for an employee’s future visa application.
Meltzer Hellrung can help you implement a business visitor tracking and compliance process suited to your company’s needs. Please feel free to reach out to your Meltzer Hellrung professional to get started.
