PASSPORT REQUIREMENTS – TRAVELING ON A NON-IMMIGRANT (TEMPORARY) VISA

In accordance with section 212(a)(7)(B) of the Immigration and Nationality Act, an alien who applies for admission into the United States on a nonimmigrant visa (NIV) is required to possess a passport that:

Is valid for a minimum of six months beyond the date of the expiration of the initial period of admission into the United States, and
Authorizes the alien to return to their home country, or to proceed to and enter some other country at the end of the initial period of admission.

Because of agreements with the government of the United States, the following countries are NOT subject to this requirement (see:Federal Register / Vol. 67 No. 207 / October 25, 2002 / Notices / Department of State, Bureau of Consular Affairs, Public Notice 4173):

Algeria
Andorra
Angola
Antilles
Argentina
Armenia
Aruba
Australia
Austria
Bahamas, The
Barbados
Belgium
Belize
Bermuda
Bolivia
Bosnia-Herzegovina
Brazil
Bulgaria
Burma
Canada
Chile
Colombia
Costa Rica
Cote D’Ivoire
Croatia
Cyprus
Czech Republic
Denmark
Dominica
Dominican Republic
Egypt
El Salvador
Estonia
Ethiopia
Fiji
Finland
France
Gabon
Georgia
Germany
Greece
Guinea
Guyana
Haiti
Hong Kong
Hungary
Iceland
India
Indonesia
Ireland
Israel
Italy
Jamaica
Japan
Kuwait
Latvia
Lebanon
Libya
Liechtenstein
Lithuania
Luxembourg
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russia
San Marino
Serbia
Seychelles
Singapore
Slovakia
Slovenia
South Africa
South Korea
Spain
Sri Lanka
St. Kitts and Nevis
St. Lucia
St. Vincent and The Grenadines
Suriname
Sweden
Switzerland
Taiwan
Thailand
Trinidad and Tobago
Tunisia
Turkey
Tuvalu
Ukraine
United Arab Emirates
United Kingdom
Uruguay
Uzbekistan
Vatican City
Venezuela
Vietnam
Zimbabwe

This requirement may also be waived on the basis of an unforeseen emergency, in certain cases on a reciprocity basis, or in the case of aliens in immediate transit through the United States. The following groups are also exempt from this requirement:

Alien members of the U.S. Armed Forces
American Indians born in Canada
Aliens entering from Guam, Puerto Rico, or the Virgin Islands
Armed services personnel of a NATO member
Armed services personnel attached to a NATO headquarters in the U.S.
Aliens entering pursuant to International Boundary and Water Commission Treaty
Canadian nationals
Aliens resident in Canada or Bermuda having a common nationality with nationals of Canada or with British subjects in Bermuda
Mexican nationals in possession of a Border Crossing Identification Card
Natives and residents of the trust territory of the Pacific islands
Residents of a foreign contiguous territory
Aliens for whom passport extension facilities are unavailable
Aliens precluded from obtaining passport extension by foreign government restrictions
Members of the armed forces of foreign countries
Landed immigrants of Canada.

Please note: Regardless of your exemption from the above requirement, United States Customs and Border Patrol (CBP) may only admit you for the duration of your passport validity. If your passport expires before the expiration date of your non-immigrant visa, you may not be admitted or the full length of your visa. The expiration date the CBP officer writes on your I-94 card is the date your status expires. Carefully check your I-94 card upon each admission to ensure the expiration date is correct. If your I-94 card is affected by your passport validity, please contact our office immediately.

Note that if you have already been admitted with a shortened I-94 card because of your passport expiring, you have two choices:

Travel again or file for an extension after you have a new passport, or
Call your local Deferred Inspection office if it is less than 30 days after you entered to see if the I-94 can be extended. Getting the I-94 amended is uncommon, but it has happened in some states.