Executive Summary: ICE has increased immigration enforcement connected to domestic air travel, making status checks more important for nonimmigrant visa holders. Travelers should verify their I-94, carry appropriate identification and immigration documents, and seek legal advice before flying if an I-94 has expired or an extension or change of status remains pending.
A domestic flight used to be fairly routine for most nonimmigrant visa holders. You showed your ID, went through security, and boarded the plane.
Now, we are telling clients to think more carefully before heading to the airport.
ICE has increased its use of airport enforcement, including arrests involving travelers suspected of overstaying their authorized admission. Recent reporting also confirms increased information sharing between TSA and ICE.
For Japanese employees working in the United States on E, L, H-1B, and other temporary statuses, the practical rule is simple: know exactly where your immigration status stands before you fly.
Your I-94 Is More Important Than Your Visa Stamp
One of the most common misunderstandings involves the visa stamp. A valid visa in your passport does not determine how long you can remain in the United States. Your Form I-94 generally records your authorized period of admission. CBP specifically warns that travelers are authorized to remain only through the period granted on the I-94.
Before booking domestic travel, check your most recent I-94 and verify the expiration date.
F-1 and J-1 travelers may instead have an I-94 marked “D/S,” or Duration of Status. That does not mean they can stay forever. They must continue complying with the requirements of their status.
A Pending Extension Deserves Special Attention
Here’s where things get uncomfortable: Suppose your I-94 expires, but your employer timely filed an extension with USCIS. Many people assume that means they remain in lawful nonimmigrant status while the case is pending.
Technically, that is not always correct.
USCIS guidance explains that lawful nonimmigrant status generally ends when the I-94 expires, even when a timely extension request remains pending. A timely filing may prevent the accrual of unlawful presence while USCIS decides the case, and an eventual approval may relate back to the I-94 expiration date. DHS, however, retains enforcement authority during the pending period.
That distinction has become much more important with increased airport enforcement. If your I-94 has expired and an extension or change of status remains pending, speak with immigration counsel before flying.
What Should Visa Holders Carry?
Nonimmigrant travelers should carry documentation that allows them to establish both identity and immigration history.
For air travel, a valid foreign passport is an acceptable form of identification. Since REAL ID enforcement began in May 2025, a standard state driver’s license that is not REAL ID-compliant generally is not sufficient by itself at TSA checkpoints.
Visa holders should also consider carrying a printout of their current I-94 and applicable I-797 approval notice as well as a I-797 receipt notice for any pending extension of status. F-1 students should carry their Form I-20, while J-1 visitors should carry their DS-2019.
Keep backup copies somewhere accessible as well.
Federal law also requires noncitizens age 18 and older who are required to register to carry evidence of registration. USCIS specifically identifies an I-94 issued to an admitted nonimmigrant as evidence that the person has registered.
TSA and ICE Are Sharing Passenger Information
Reuters reported in April 2026 that ICE had arrested more than 800 people following referrals based on TSA information since the beginning of the current Trump administration through February 2026. TSA had provided information involving more than 31,000 travelers through its Secure Flight system.
More recent reporting in July documented airport arrests targeting foreign nationals suspected of overstaying visas.
A domestic ticket does not create immigration status. If your record contains an expired I-94, final removal order, or another serious status issue, flying can expose an issue that previously went unnoticed.
Other Problems Can Increase Your Risk
An expired I-94 is not the only concern. Unauthorized employment, failure to maintain student status, an unapproved employer change, prior removal proceedings, or criminal history can change the risk analysis.
Even government databases do not always tell the full story. CBP acknowledges that its Traveler Compliance Check may not reflect an extension or adjustment granted by USCIS. That is another reason to carry documentation rather than assume every federal database has updated correctly.
For HR departments, this also means employees should know when an extension has been filed, what documents they have, and whether counsel recommends domestic travel while the case remains pending.
If ICE Stops You at an Airport
Do not argue or physically resist. You can state that you wish to remain silent and ask to speak with an attorney. Do not sign immigration documents you do not understand without legal advice.
Most importantly, deal with status questions before arriving at the airport. Once someone is detained, the options become much more limited.
Check Before You Fly
A weekend trip from New York to Florida should not turn into an immigration case.
Before flying domestically, check your I-94, confirm any pending immigration filings, and carry the documents that establish your status. If anything looks questionable, address it before you travel.
If you or one of your employees has an expired I-94, pending extension, or another concern about domestic travel, contact Valvo & Associates before booking the flight. We can review the immigration record, explain the actual level of risk, and help you make an informed decision before an airport encounter creates a much bigger problem.
FAQs
Potentially, yes. The visa stamp primarily concerns admission to the United States. For domestic travel, your immigration status and I-94 are separate issues. You will also need identification accepted by the TSA.
Yes. TSA accepts foreign government-issued passports as identification for domestic air travel.
This requires careful review. A timely pending extension may place you in a period of authorized stay without preserving lawful nonimmigrant status after the I-94 expires. DHS may still initiate enforcement proceedings.
Depending on your status, carry your passport, current I-94, applicable I-797 approval notice, and copies of relevant pending-case receipts. F-1 and J-1 travelers should also carry their I-20 or DS-2019.
Yes. Recent reporting confirms that TSA passenger information has been shared with ICE and used to identify people for immigration enforcement.
No. A receipt shows that USCIS received a filing. Its effect depends on the type of case, when it was filed, the person’s prior status, and other facts. A pending application should not automatically be treated as proof of lawful nonimmigrant status.