The Department of Homeland Security (DHS) has implemented a new immigration status check initiative at several domestic airports throughout the country. Typically, noncitizens have been free to travel domestically without needing to prove proper immigration status. DHS officers have now started to request proof of status at airports. Based on news reports, this has occurred in the following states: California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virgina. Clients should now be prepared for an immigration status check when traveling through any airport in the U.S.
As a reminder, to prove proper status, a noncitizen should carry a valid passport and Green Card or their valid passport and unexpired I-94 Record exhibiting valid nonimmigrant status, such as H-1B, L-1, TN, O-1, F-1 or J-1 status. If you do not have a copy of your current I-94 record, it can be downloaded at the link here. Please note that if you completed a Change of Status or Extension of Status process previously, your new I-94 Record is incorporated into your Form I-797 Approval Notice. If your I-94 is expired, please get in touch with your immigration team contact at Bernstein Shur.
For clients in F-1 or J-1 status, we also recommend carrying the following additional documents to prove proper status: F-1 – current valid I-20 Form; J-1 – current valid DS-2019 Form.
Areas of concern: pending Change of Status, Extension of Status, or Adjustment of Status
For clients who are transitioning from one status to another (Change of Status), or in the process of extending their current status (Extension of Status) or who are in the final phase of the Green Card application process without an underlying nonimmigrant status (Adjustment Pending), you may not possess a valid I-94 Record to exhibit current status. In this circumstance, we recommend that you have an Attorney Letter in your possession that explains your valid status. This could help you avoid lengthy questioning or even detention in extreme cases.
For assistance, please see the information below and reach out to the appropriate contact in the Bernstein Shur Immigration Group.
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].