The Law Office of Brian D. Zuccaro, PLLC

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How to correct TN I-94s with incorrect admission classifications and other information

Once you have obtained an approval of your TN application, always be sure to review your I-94 before leaving the inspection office to ensure all information is accurate! Currently, there is no form to request the correction of inaccurate information recorded on an I-94 Arrival-Departure Record issued by U.S. Customs and Border Protection (“CBP”) at the border or pre-flight inspection. In these situations, NAFTA TN workers must bring their I-94s to a CBP deferred inspection location or a CBP office located within an international airport. CBP will review and correct any errors recorded on the I-94 card with respect to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission. Any designated office should be able to correct errors made on an I-94, regardless of where the actual document was issued.

CBP recommends individuals contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available. NAFTA TN workers will need to bring in their I-94 Form and documentation to support the claim that the form was not properly annotated. For example, if an incorrect non-immigrant visa classification was notated, a TN worker should present the TN application materials with employer support letter as evidence of the requested TN status. Where the TN worker is in possession of an I-797, he or she should present this document to support an incorrect admission period. CBP has stated that fees will not be assessed for requesting a correction on an I-94.

The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors on I-94s issued at the time the TN application was submitted at the border or pre-flight inspection. Requests to replace an I-94 Form that has been lost, stolen or mutilated must be filed with USCIS. Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, an individual will be required to file an I-539 Form with USCIS. TN professionals that have received I-797s with incorrect information should also address their corrections to USCIS.

For more information on the correction of TN I-94s issued at the border or pre-flight inspection, visit the CBP website.