E-3 Visa I-94: How to Retrieve, Check, and Fix CBP Errors
Learn how to retrieve your E-3 visa I-94, spot the three most common CBP errors, and correct them through Deferred Inspection or Form I-102
Your E-3 visa I-94 is the legal record of how long you're authorized to stay in the United States. Two fields control it: class of admission and admit-until date. CBP sometimes records either one wrong, and an error can block your start date, complicate Form I-9 at a new job, or appear as an overstay on a future visa application. Most CBP errors are fixable without leaving the country.
Key takeaways
- Your I-94 controls your authorized stay, not your visa stamp expiry date.
- Check your I-94 within 24 hours of arriving: class of admission should say "E-3" for principal holders.
- Wrong class of admission, wrong date, or a name error are all fixed by CBP at a deferred inspection site, free of charge.
- Form I-102 is only for lost or never-issued I-94s, not for correcting CBP data entry mistakes.
- Your LCA expiry and your I-94 expiry run on separate clocks. A valid I-94 doesn't mean you're still authorized to work.
What your E-3 I-94 should show
The I-94 is the Arrival/Departure Record CBP creates at each U.S. entry. For E-3 visa holders, two fields matter most: class of admission and admit-until date.
Class of admission
Principal E-3 holders get "E-3." Dependent children get "E-3D." Spouses who plan to work should receive "E-3S". CBP has a documented pattern of issuing "E-3D" to spouses instead, which prevents the I-94 from serving as List C work authorization on Form I-9. If you entered as a principal E-3 holder and the field shows "B-1/B-2," "WT," or anything other than "E-3," that's an error to correct before starting work.
Admit-until date
CBP's standard practice for E-3 admissions is two years from entry. Your visa stamp controls only whether you can travel to a U.S. port of entry. The I-94 admit-until date is the official record of how long you may remain.
Your employer uses your I-94 and passport for Form I-9 work authorization verification on Day 1. A wrong class of admission can block that process.
How to retrieve your E-3 visa I-94 online
Head to the CBP I-94 portal and click "Get Most Recent I-94." Enter your name and passport number exactly as they appear on your passport, including hyphens in compound surnames. Air entry records appear within 24 hours. Land border crossings take up to 48 hours.
If your I-94 doesn't appear, work through these steps in order: confirm every field matches your passport exactly, try the CBP One mobile app with a Login.gov account (which uses your passport's machine-readable zone), then submit through the CBP help webform, selecting "I-94/Traveler Compliance." Download and save the PDF from the CBP I-94 portal. Your employer needs it for I-9.
Three common CBP errors on E-3 I-94s
Wrong class of admission
The most serious error is a code other than "E-3" in the class of admission field, for example "B-1/B-2" for visitor visas or "WT" for visa waiver travelers. When your employer runs E-Verify, a wrong code generates a Tentative Non-Confirmation. For E-3 spouses, the correct work-authorized code is "E-3S," but CBP has been admitting spouses under "E-3D" (the dependent code) instead, creating I-9 verification complications at work.
Wrong admit-until date
An admit-until date shorter than two years from entry, or one already in the past, is a CBP error. An E-3 holder admitted in September 2024 should see a date around September 2026. A past admit-until date can appear as an overstay on future visa applications and background checks.
Name misspelling
A name that doesn't exactly match your passport can cause E-Verify flags, discrepancies on SSN applications, and explanatory letters on future USCIS filings. Correct it through CBP before it compounds.
How to fix an E-3 I-94 error: Deferred Inspection vs Form I-102
Wrong CBP data is CBP's to correct, free of charge. A lost or never-issued I-94 goes through USCIS.
CBP deferred inspection
The CBP Deferred Inspection Site network has more than 70 locations across the U.S. and its territories. It's recommended to visit in person, as in-person visits are prioritized over online submissions.
If you can't visit in person, submit through the CBP help webform, selecting "I-94/Traveler Compliance." Bring your passport, visa stamp page, boarding pass, and any USCIS approval notices.
Form I-102: only for lost or never-issued I-94s
File Form I-102 only when your I-94 was never issued or was lost, stolen, or mutilated. You'll pay a $560 fee plus a $24 H.R.1 fee listed in the Federal Register, as of May 2026. Processing takes 2.5 to 5 months.
Confirm the current fee on the USCIS Form I-102 page and live processing times on the USCIS processing time tracker before filing.
Re-entry: fastest if your visa is still valid
If your visa stamp is still valid and travel is practical, leaving the United States and re-entering generates a fresh I-94 at the port of entry, same day. This is by far the fastest correction route when it's available. The option isn't on the table if your visa stamp has expired, in which case you need a new E-3 application before you can return.
E-3 LCA vs I-94 expiry
E-3 holders track two separate expiry dates on different schedules. The I-94 admit-until date records how long CBP authorized your stay. The Labor Condition Application (LCA) records how long your employer has certified the job offer and wage conditions. CBP grants two-year I-94 periods regardless of when the LCA expires.
If your LCA has expired but your I-94 is valid, you're not overstaying, but continuing to work is unauthorized employment. The fix is a new LCA from your employer, plus an E-3 extension petition, filed while your I-94 remains valid.
Check your LCA end date on your I-129 approval notice. If it's approaching, start the extension process before it lapses.
When fixing your I-94 means a new E-3 application
Most I-94 errors are fixed by CBP at a Deferred Inspection Site, free, without leaving the country. But some situations require a new E-3 application: an expired visa stamp, switching employers, or a lapsed LCA. That means a new LCA, an I-129 petition, and consular documents.
Migrate Mate files E-3 applications for Australians with a U.S. job offer at a flat fee of $499. Applications are filed within one business day of document collection, with a dedicated E-3 expert handling the case from LCA through consulate appointment.
E-3 visa expired or switching employers? File with Migrate Mate.
Book free consultationFrequently asked questions
Why can't I find my E-3 I-94 online?
A missing E-3 I-94 is usually a timing or name-match issue. Air arrivals appear in the CBP portal within 24 hours of an E-3 entry; land border crossings take up to 48 hours. If your I-94 still isn't visible after 48 hours, confirm your name and passport number match your Australian passport exactly (including hyphens), or submit through the CBP help webform.
What if my I-94 has the wrong expiry date?
A wrong expiry date on an E-3 I-94 is a CBP error and CBP fixes it free of charge. E-3 holders should see a two-year admit-until date from entry; if yours shows less or is already expired, visit a Deferred Inspection Site with your passport, visa stamp page, and E-3 approval notice. A past admit-until date can flag as an overstay on future E-3 renewals and consular interviews.
Does my I-94 date or my visa stamp date control how long I can stay?
Your I-94 controls how long you can stay on an E-3 visa. The E-3 visa stamp in your passport only authorizes travel to a U.S. port of entry; the I-94 admit-until date is the official record of how long you can remain. I-94 dates and visa stamp dates often differ after a renewal entry, and the I-94 is always the operative one for E-3 stay calculations.
What if my E-3 I-94 shows "D/S" instead of a date?
A "D/S" notation on an E-3 I-94 is a CBP error. E-3 admissions always get a specific admit-until date, not "duration of status" (D/S), which applies to F-1 students and some other categories. Visit a Deferred Inspection Site to correct it; an undefined end date creates problems with I-9, E-3 extensions, and future entries.
Does my E-3D dependent need their own I-94?
Yes. Every E-3 family member admitted to the U.S. gets their own individual I-94. Each spouse and child should retrieve theirs and check the class of admission ("E-3S" for spouses who plan to work, "E-3D" for dependent children); the principal holder's I-94 doesn't cover them.
Can my employer complete I-9 with my visa stamp alone if my I-94 isn't online yet?
No. Form I-9 for E-3 workers requires your unexpired Australian passport plus your unexpired I-94 with the "E-3" class of admission code. If your I-94 hasn't appeared in the CBP portal by your start date, request one through the CBP help webform or at a Deferred Inspection Site before Day 1.
Does the 60-day E-3 grace period start on I-94 expiry or LCA expiry?
The 60-day E-3 grace period starts on whichever of your LCA or I-94 expires first. If your LCA expires before your I-94, authorized E-3 work ends on the LCA expiry date and the 60-day clock starts then; if your I-94 expires first, the clock runs from the I-94 expiry date. After the 60 days end, you must have a new E-3 sponsor, a change of status, or a departure from the United States.
About the Author
Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023. I have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.
