CONCURRENT TNS UNDER NEW I-94 AUTOMATION SYSTEM

Under the government's new I-94 record keeping system, individuals who enter the U.S. under TN visa status no longer will receive a paper I-94 record. Instead, they will receive a stamp in their passport reflecting their TN status and admission period. Individuals can then later obtain their I-94 information online. (The new I-94 system is currently only implemented at airport CBP offices.)

The I-94 information available online only provides a single I-94 number. What happens if a TN visa worker has two employers, i.e. has concurrent TNs? Current practice at most land borders is to issue different I-94 cards (with different numbers) for each TN employer. This readily documents the individual’s TN employment authorization for each employer. How will concurrent TN employment be evidenced in the I-94 online system, which provides only one I-94 number?

According to a recent liaison meeting between AILA and the Buffalo, NY CBP office, immigration officers can see in its computer systems when multiple I-94s have been issued under the new I-94 record system. CBP Buffalo Field Office & Upstate NY AILA Chapter Meeting, Oct. 20, 2014. Presumably then, even though the I-94 online system will show only one I-94 number, CBP will be able to see if an individual was issued a concurrent TN I-94s. 

Nevertheless, for individuals applying for concurrent TNs at airport CBP offices, I think it would be good practice to request written proof of the concurrent TN approvals. For example, applicants can request that notation stamps for both TN employers be made on their passport. If separate I-94 numbers do exist in this scenario, then it may also be prudent to request that the officer provide both I-94 numbers to the applicant.