E-2 Visa and the I-94 Arrival/Departure Record: What Every Treaty Investor Needs to Know

The Form I-94 is the official record CBP creates for each nonimmigrant admission to the United States. Since April 2013, CBP has generated the I-94 electronically for air and sea arrivals. The paper card inserted into passports at land border crossings persists at some land ports of entry, but most E-2 entrants arriving by air or sea will not receive a paper form — instead, the record lives in CBP's ADIS (Arrival and Departure Information System) database and can be retrieved at cbp.gov/i94.

When a CBP officer admits an E-2 principal applicant or derivative (spouse or minor child holding E-2 status), the officer enters the admission into the CBP system. The I-94 record that results shows the traveler's full name, date of birth, country of citizenship, port and date of entry, the class of admission, and the admitted-until date. For E-2 entrants, the class is 'E-2' and the admitted-until date is either a specific calendar date or the notation 'D/S.'

Most E-2 entrants processed at a US consulate abroad receive a specific visa validity period — often two or five years — but the I-94 issued upon entry frequently shows 'D/S' rather than a fixed date. 'Duration of status' means the traveler is authorized to remain in the United States for as long as they maintain the conditions of the E-2 classification: operating the qualifying enterprise, continuing to meet the investment requirements, and not engaging in unauthorized employment.

D/S does not mean indefinite permission to remain. It means the period of admission is tied to the continuing validity of your E-2 status rather than to a hard exit date. If the qualifying enterprise ceases operations, is transferred, or the investor's role changes materially, the underlying status ends — and with it the authorized period of admission under D/S. This is why business continuity documentation and status maintenance matter continuously, not just at renewal time.

Contrast this with petitions approved through USCIS via the I-129 process (change of status or extension within the United States), which typically result in an I-797 approval notice showing a specific authorized period. E-2 approvals through USCIS do produce a specific end date on the I-797, but the traveler who departs and re-enters at a port of entry will receive a new I-94 based on the inspection at entry, which may again reflect D/S or a date tied to the visa stamp's validity.

• D/S = admission is co-extensive with maintaining the qualifying status conditions
• A fixed date on the I-94 sets a hard deadline; overstaying by even one day accrues unlawful presence
• Re-entry after international travel resets the I-94 — the prior I-94 record is automatically cancelled upon departure
• The visa stamp in the passport is a travel document that authorizes a single entry (or multiple entries); it is not an authorization to remain — the I-94 controls authorized stay

CBP's I-94 website (cbp.gov/i94) allows travelers to retrieve their most recent admission record using their name, date of birth, passport number, and country of issuance. The system returns the most recent I-94 record on file. Print or save the PDF immediately after each entry into the United States — it is the document attorneys and adjudicators will rely on to confirm lawful admission and authorized period.

If the retrieval returns no record, or if the record shown is from a prior trip rather than the most recent entry, the traveler should contact CBP's Traveler Communications Center to request a correction or manual entry before leaving the port of entry area if the discrepancy is identified immediately, or by submitting CBP's online I-94 correction form afterward.

• Go to cbp.gov/i94, select 'Get Most Recent I-94,' and enter name, date of birth, passport number, and country
• Save the resulting PDF; attorneys and adjudicators frequently request it for renewals and petitions
• Confirm that the class of admission shows 'E-2' and that the name and date match your passport
• If you entered at a land border by vehicle, a paper I-94 may have been issued; retain the physical card

Errors on I-94 records are not unusual. The most frequent issues E-2 holders encounter include: a wrong admission class (for example, 'B-2' or 'WB' instead of 'E-2'), a misspelled name that does not match the passport, an incorrect date of birth, or an admitted-until date that is shorter than expected given the visa validity. Identifying errors quickly is essential because the I-94 flows downstream into other records — USCIS uses it to verify status in pending petitions, and airlines check it before boarding on international departures.

For errors identified at the port of entry before the traveler leaves the inspection area, the officer can correct the record on the spot. Travelers should review the I-94 on the CBP website as soon as possible after clearing customs — typically within 24 hours — while still in a position to return to the port with documentation if needed.

For errors discovered later, CBP's online I-94 Corrections page (cbp.gov/travel/international-visitors/i-94/i-94-corrections) provides a web form to submit a correction request. The traveler uploads their passport biographical page, the visa stamp, and any prior I-94 printouts, and explains the discrepancy. CBP typically responds within several weeks. If the matter is time-sensitive because of a pending USCIS filing, an attorney can submit a cover letter with the petition explaining the I-94 error and attaching the correction request confirmation.

• Wrong admission class (B-2 instead of E-2): Correct immediately — this affects status for all downstream filings
• Name mismatch (transposed letters, middle name included): Correct before any USCIS petition or consular appointment
• Incorrect date of birth: Correct with a copy of the passport biographical page
• Admitted-until date shorter than visa: May reflect officer discretion or a discrepancy in the petition approval; review with an attorney before the date passes
• No I-94 record appearing: Submit CBP correction request promptly; may occur after land-border entries with technical issues

When a principal E-2 applicant changes status within the United States using Form I-129, or when a dependent spouse changes status using Form I-539, USCIS issues an I-797 approval notice rather than a new I-94 printout in most cases. The I-797 replaces the I-94 as evidence of authorized status for the period of the approval. Practitioners and applicants should retain the I-797 alongside the most recent I-94 and the underlying visa stamp.

Beginning in 2023, USCIS began including an I-94 number at the bottom of some I-797 notices. Where present, this number can be searched in the CBP system. However, the I-94 generated by CBP upon physical entry remains the operative document for purposes of demonstrating admission in a valid status — the USCIS-generated period ends at the I-797 expiration date, and the traveler must depart or extend before that date to avoid accruing unlawful presence.

A critical planning point: if an E-2 principal whose status was approved by USCIS departs the United States and re-enters, the CBP officer at the port of entry issues a new I-94 based on the entry inspection — not based on the I-797 previously approved by USCIS. If the visa stamp has expired, the traveler cannot re-enter without obtaining a new E-2 visa stamp at a consulate. This departure-and-reentry dynamic catches many E-2 holders by surprise.

Unlawful presence under INA § 212(a)(9)(B) accumulates when a nonimmigrant remains in the United States beyond the authorized period shown on the I-94. For E-2 holders admitted with a fixed admitted-until date, the day after that date triggers unlawful presence accrual. For those admitted with D/S, unlawful presence generally does not begin until a formal administrative determination of a status violation — such as an immigration judge's finding or a USCIS denial of a timely-filed extension — though this area of the law has been subject to policy changes and practitioners should review current USCIS guidance.

The practical consequence of unlawful presence is the 3-year and 10-year bars to admission under INA § 212(a)(9)(B)(i): more than 180 days of unlawful presence followed by departure triggers a three-year bar; more than 365 days triggers a ten-year bar. These bars are significant enough that E-2 investors and their counsel should calendar all I-94 end dates and file renewal or extension petitions well before expiration — typically no fewer than 45 days before the I-94 expires, though earlier is advisable given USCIS processing times.

• Fixed I-94 date: unlawful presence begins the day after the admitted-until date
• D/S notation: unlawful presence generally requires a formal finding, but do not treat D/S as authorization to remain indefinitely
• 180+ days unlawful presence + departure = 3-year bar to admission
• 365+ days unlawful presence + departure = 10-year bar to admission
• Timely-filed pending petitions (before the I-94 expires) generally maintain authorized stay during adjudication

Reviewing the I-94 at each entry and at key milestones in the application process is a straightforward discipline that catches most errors before they become material problems. The following tasks should be part of every E-2 compliance workflow, whether managed by the investor or by counsel.

• Within 24 hours of every US entry: retrieve the I-94 at cbp.gov/i94 and confirm class, name, date of birth, and admitted-until date
• At case filing: attach a current I-94 printout to every USCIS petition and include it in every consular application package
• 90 days before the I-94 admitted-until date (if a fixed date): confirm that an extension or renewal has been filed or scheduled
• After each USCIS approval: compare the I-797 authorized period to the I-94 on file and calendar the earlier of the two as the controlling deadline
• Before booking international travel: confirm that the E-2 visa stamp has remaining validity for re-entry; if not, schedule consular appointment before departing
• When purchasing an existing E-2 business: obtain the seller's I-94 history and confirm there are no unlawful presence gaps before finalizing the succession transaction

Confusing the visa stamp's validity with authorized stay is the single most common I-94 error. A five-year E-2 visa stamp authorizes multiple entries over five years; each entry produces a new I-94 that controls how long the holder may stay during that particular trip. The stamp does not mean the investor is authorized to live in the United States for five years without leaving.

Failing to retrieve the electronic I-94 after entry is the second most common mistake. The system occasionally generates records with errors, and those errors compound over time — a wrong admission class can affect USCIS processing of a later change-of-status petition, sometimes resulting in denials or Requests for Evidence that require corrected documentation.

Assuming that a timely-filed I-129 extension petition means the existing I-94 is no longer relevant is also incorrect. The I-94 controls authorized stay until USCIS issues the I-797 approval. If the petition is denied and the I-94 has already expired, the investor may have an unlawful presence exposure. Planning renewals well before the I-94 expires provides a buffer against processing delays.