Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:
For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.
Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of a valid admission stamp or paper Form I-94, in order to gain admission to reenter the U.S.
Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of a valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation page on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have a valid admission stamp or paper Form I-94, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):
The nonimmigrant traveler with an expired nonimmigrant visa (but valid admission stamp or paper Form I-94):
The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).