Automatic Visa Revalidation
This memorandum provides a better understanding of “Automatic Visa Revalidation,” specifically when
the process is available and when it is not an option.
A nonimmigrant alien (“nonimmigrant”) who has previously presented a nonimmigrant visa (e.g.,
H-1B, O-1, J-1, F-1) on a prior entry to the U.S. may be readmitted to the U.S.:
(1) In the same nonimmigrant category as shown on an expired visa; or
(2) In a different nonimmigrant category than on an expired or valid visa if a change of status
occurred while the individual was in the U.S.
In either situation, for automatic visa revalidation to apply, the nonimmigrant’s absence from the U.S.
must be limited to 30 days or less, and travel must have been limited to contiguous territories
(Canada or Mexico). However, nonimmigrants in For J status may be eligible for automatic visa
revalidation after travel to a contiguous territory or “adjacent islands other than Cuba.”
The Customs and Border Protection official may admit the nonimmigrant in the same
nonimmigrant classification as shown on the I-94 card that s/he presents for the time period
remaining on that I-94 card. An expired visa will be considered automatically extended to the date
of application for readmission. Further, an expired visa or a valid visa may be “converted” as
necessary to the changed classification under automatic visa revalidation.
The nonimmigrant requesting automatic visa revalidation must meet the following conditions:
(1) Present a valid passport. If the current passport does not contain the relevant visa, the
nonimmigrant must present the prior passport with the visa as well as the current passport.
(2) Present a valid Form I-94 card. The I-94 card must show an unexpired period of initial or extended
authorized stay. The I-94 card may be the one provided upon prior entry or received thereafter as
the detachable portion of an extension of stay or change of status approval notice from USCIS.
(3) Present Either:
(a) An expired nonimmigrant visa in any classification; or,
(b) A current, valid nonimmigrant visa in any classification.
(4) Apply for readmission to the U.S. after an absence of 30 days or less solely to a contiguous
territory (Canada or Mexico).
 Nonimmigrants in F or J status may apply for readmission to the U.S. after an absence of 30 days
or less solely to a contiguous territory or adjacent islands other than Cuba. Adjacent islands include:
St. Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, The Bahamas, Barbados, Jamaica,
the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and
Netherlands territory or possession in or bordering the Caribbean Sea.
(5) Apply for readmission after having maintained nonimmigrant status and intend to resume
nonimmigrant status at the time applying for admission.
(6) Apply for readmission without having applied for a visa while outside the U.S., regardless of
whether that visa application is pending or has been denied.
(7) Admissible without a waiver under 8 USC Section 1182(d)(3), INA Section 212(d)(3). Meaning,
the applicant for admission must not be barred from admission or receipt of a visa based on grounds
of inadmissibility as stipulated in at INA Section 212(a).
NOTE: Nationals of Iran, Syria, Sudan and Cuba are not eligible for automatic visa revalidation.
Nonimmigrants from these countries must present a valid visa when applying for admission to the U.S.
Admission is limited to the visa category indicated on the visa.
An Example of Automatic Visa Revalidation:
The H-1B petition filed by the University on behalf of an F-1 student from Spain is approved and a
change of status is granted. The tear-off I-94 card at the bottom of the I-797 Approval Notice for the H1B petition indicates that her H-1B status will expire on April 7, 2014. She plans to attend a conference in
Montreal, Canada for a couple of days in September 2012 and will also take a week to travel in the area
around Montreal. Upon her application to re-enter the U.S. to resume her work at the University, she
should present to the Customs and Border Protection official: (1) her current passport expiring January
2016 with the F-1 visa which has expired and (2) I-797 Notice of Action Approval Notice for the H-1B
petition along with the tear-off I-94 card. The Customs and Border Protection official should stamp her
passport indicating entry classification as H-1B with an expiration date of April 7, 2014. When she
returns to the University, she provides her department with a copy of the passport entry stamp and, if
applicable, her new I-94 card.
Sources:
22 CFR§41.112(d)
9 FAM §41.112 n.8.2
9 FAM §41.112 n.8.3
9 FAM §41.112 8.4
8 CFR §214.1(b)
8 USC §1101(b)(5); INA §101(b)(5)