Amid US President Donald Trump’s intensified crackdown on immigration, the US Embassy in India has reiterated a crucial rule for foreign visitors entering the United States: the duration of stay is not determined by the visa expiry date.
In a post on X, the embassy reminded travellers that the length of time an international visitor is permitted to remain in the US is decided by a Customs and Border Protection (CBP) officer at the port of entry.
“Reminder! The length of time an international visitor is allowed to stay in the United States is determined by the Customs and Border Protection officer upon arrival, NOT the visa expiration date. To see how long you can stay, check your I-94 ‘Admit Until Date’,” the embassy said.
Officials noted that a similar advisory had been issued just two months earlier, underscoring concerns about visa overstays as enforcement tightens.
What is the I-94 form?
The I-94 form, mandatory for most non-immigrant visitors, records the “admit until date” – the final day a traveller is legally allowed to remain in the US. This date may differ from the visa’s expiry and is set by the CBP officer at entry.
According to the Department of Homeland Security, travellers arriving by air or sea are issued an electronic I-94 automatically and do not need to apply online.
However, those entering by land or select ferries must apply for a provisional I-94 through the official website to save time at the border.
US citizens, returning permanent residents, immigrant-visa holders and most Canadian visitors or transit passengers are exempt from the I-94 requirement.
Tightening border controls
The renewed advisory aligns with President Trump’s hardline approach to border control. The 79-year-old President recently announced travel restrictions on nationals from as many as 19 countries, including Afghanistan and Syria, citing terrorism risks, visa overstays and corruption.
The administration has also rolled out stricter visa screening measures. New social media vetting rules, implemented from December 15, have led to widespread delays in visa processing, particularly affecting applicants in India.
Several Indian institutions have reported large-scale appointment cancellations, with some interviews pushed as far as mid-2026. The disruption has also impacted H-1B visa holders who travelled to India for routine renewals.
H-1B holders left stranded
Over the past two weeks, hundreds, possibly thousands, of highly skilled workers have found themselves stranded in India after their US visa appointments were abruptly cancelled, according to reports cited by The Washington Post. Attorneys told the newspaper that consular authorities rescheduled interviews months later, leaving workers unable to return to their jobs in the US.
The US State Department later acknowledged in internal communications that the rollout of new social media vetting procedures had caused delays.
Employers issue travel advisories
Technology giants Google and Apple have advised its visa-dependent employees not to travel abroad. In an internal memo obtained by Business Insider, staff were warned that leaving the US could result in extended stays overseas due to processing delays, with some embassies facing backlogs of up to a year.
Under the new rules, applicants for H-1B, H-4, F, M and J visas must set all social media profiles to “public” for scrutiny. “Every visa adjudication is a national security decision,” the State Department said.