HOW TO OBTAIN A NEW TN VISA I-94 CARD WHEN YOUR INITIAL I-94 CARD IS LIMITED TO YOUR PASSPORT’S EXPIRATION
Due to CBP’s increasing enforcement of the regulations pertaining to passport validity, immigration officers have been issuing non-immigrants including TN visa workers I-94 cards limited to the expiration date of their passport.
As result, individuals seeking initial admission to the U.S. under TN visa status may obtain a 3-year approval of their TN status (documented in CBP’s internal database system), but CBP will issued an I-94 card limited to the expiration date of their passport. The expiration date of the I-94 card will govern the length of time the individual is allowed to reside and work in the U.S. regardless if CBP noted a 3-year approval of the application in its internal database system. Remaining in the U.S. past the I-94 card’s expiration date can result in immigration penalties like those for unlawful presence. TN visa workers must, therefore, obtain a new I-94 card prior to the initial I-94 card’s expiration date.
According to the NY CBP Field Office, where an individual’s I-94 card is limited to his/her passport expiration date, the individual can go to a CBP Deferred Inspection office within 30-days of entering the U.S. and present an updated passport to receive a new I-94 card. AILA NY/CBP Liaison Meeting, AILA InfoNet Doc. No. 11121651 (Posted 12/16/11). CBP has also instructed that a TN visa worker may return to a U.S. port-of-entry with a renewed passport to receive an I-94 card for the balance of the TN approval period. For example, the Detroit CBP Field Office has stated that a new I-94 card would only be issued in this scenario upon making a new admission to the U.S. AILA Detroit/CBP Liaison Meeting, AILA InfoNet Doc. No. 12112141 (Posted 11/21/12). The individual would not have to refile for a new TN, but should bring a copy of his/her employment letter to the border. Presumably, the Detroit CBP office here was indicating that this type of I-94 could not be issued at a Deferred Inspection Office from within the U.S.
In practice, as suggested above, obtaining a new I-94 card in this scenario can frequently be problematic. In some cases, CBP officers at a port-of-entry require the filing of a whole new TN application, or they suggest filing an I-129 petition. (I believe that both of these suggestions are erroneous in this scenario). Sometimes border officers instruct the individual to request a new I-94 card at a Deferred Inspection office, which frequently sends the individual back to the port-of-entry for a new I-94 card.
Given the lack of clear guidance on this issue and the potential for problems, if their passports are not valid for at least 3-years, TN visa applicants should consider renewing their passports before applying for TN visa status. If a TN visa worker is unable to renew his/her passport, and must later request a new I-94 card due to the passport's early expiration, we recommend that he/she first contact the U.S. port-of-entry or Deferred Inspection office to determine whether the officers will issue a new I-94 card in this situation.
We also recommend that TN visa workers present the following items when requesting a new I-94 card at the port-of-entry or Deferred Inspection office:
Updated passport.
Originally issued I-94 card.
Copy of the employer letter initially submitted for the TN. (For complex cases, individuals should also consider having any support documentation on hand).
An original signed letter from the employer confirming that all statements made in the initial support letter remain accurate.
Copies of recent paystubs confirming employment at the TN petitioner.
TN visa workers should explain to the inspecting officer how their I-94 card was limited to the expiration date of their passport, that they have since renewed their passport, and that they would now like to request a new I-94 card for the balance of their TN approval period.