TN Visa - NOT multiple entry I-94

I am currently working in the US on a TN visa which will expire in August 2010. I had my TN processed at LAX on my way to the US from India. The officer (at secondary inspection) was helpful while commenting that they do not get too many Candians arriving at LAX for a TN. My TN was successfully processed and I was on my way out quickly.
Now it is holiday time and I am planning to go to India for a visit (about 2 weeks trip). I was thinking ahead if I should surrender my I-94 at the time of leaving for my trip out of LAX. After some research I gathered that TN I-94 is a Multiple Entry and does not need to be surrendered as long as it will remain valid. Then I took a look at my TN I-94 and it is NOT a multiple entry. There is nothing on the I-94 that says it is a multiple entry.
So I don't have the option of NOT surrendering at the time of departure on my 2 week trip. Do I?
1) If I must surrender my I-94, what paperwork should I carry with me so the process of readmission will go smoothly?
2) I chose LAX when I first arrived and things worked out fine. I would like to use LAX again, but I am finding air tickets few hundred dollars cheaper if the routing is through JFK/Houston/Denver etc. Does anyone have any suggestions or experience having TN processed at these US International airports?
Thanks a lot in advance.

Your TN is multiple entry -- but only within north america --so, yes, you should surrender your I-94 (the airline will insist, and they are corrctly doing their job), and yes, you should carry a copy (both sides) of the I-94 with you so that when you return, a new I-94 (same basis for entry, no reprocessing, no fee) will be issued.

This would be the same even if it was stamped "multiple entry", which we see less and less these days.


Btw, this would be the same if you had an I-94 in H1 or many other 'multiple entry' statuses. The I-94 is only to be kept while in North America.

Your processing in LAX was done fine. You would not have gotten anything better or different at most Cdn crossings. Now you don't have to worry about TN processing anywhere until next time you need a new TN.

Actually the rule "8 CFR 235.1(f)" clearly states that I-94 which is a multiple entry DOES NOT need to be surrendered prior to expiration regardless the alien is leaving the US by land, air or sea. There is no mention of "North America only". There are some posts confirming this rule and also encouraging TN visa holders to not surrender multiple entry I-94 while leaving USA to go anywhere Europe, Asia. On the other hand I also see folks such as yourself suggesting I-94 needs to be turned in at the time of departure to a country outside North America.
My other question was regarding TN processing at JFK/Houston/Denver etc. My choice is to use LAX again, but air tickets are few hundred dollars cheaper if I fly into these airports instead of LAX. Then I don't know how pain-free TN processing is at these airports. I had a good experience at LAX.

-- Tue Dec 01, 2009 7:52 am --

Lot of what I have said below is copy/paste of what I have been reading elsewhere and also confirmed by reading the actual regulation of CBP -
According to rule "8 CFR 235.1(f)(1)", all I-94 forms issued at land borders are issued by default for multiple entries unless specifically annotated for a limited number of entries.
According to rule "8 CFR 214.6(e)" states that Candians admitted under TN classification be issued an I-94 which shall bear the legend "multiple entry". So 8 CFR 214.6(e) helps to clarify that airport and seaport issued I-94s for TN status, as well as those issued at pre-clearance operations must be issued for multiple entry.

Good reading.

Now, getting back to what I said: take a copy of your I-94, and when the airline employee (who is neither as well-versed in US immigration law as you or I, nor quite frankly, that interested or patient to hear you mouth off) demands the I-94 -- as she is obligated to do -- you won't care, since you have your copy which is quite sufficient for re-entry. I used to suggest taking out the I-94 so the airline wouldn't take it, but, I'm more sophisticated now, since I've taken my nose out of CFRs, and just made copy of I-94. So simple, practical, and much lighter than copy of 8CRF.

As I also said in my post, you aren't going to go thru TN process until next time you need a NEW TN. so fly wherever you wish.

But do bring a cpy of 8CFR with you for some light reading, although I would prefer Grisham.

And, no, not all I-94s issued atthe border are stampred multiple entry. and yes, airline employees do ask for the I-94 regardless. So 8CFR is cold comfort at that point.

When you play cricket, do you play with the rulebook in your hands?

Airlines personel dont really check much. I've never been asked about my I-94 when it was stapled in my passport (I've since taken it out though)

In fact, funny story, I was able to board a plane from the US to Canada with my US driver's license only. Just a little game I wanted to try lol

I printed my boarding passes at home, cleared airport security in the US with my DL, and boarded an Air Canada flight with my US driver license as well . I was expecting them to ask for a passport as a piece of ID when they let me onboard but nope.

From US to Canada has different requirements than vice versa.

Air Canada has long had photo ID policy (even before WHTI) so I guess they are comfortable with DL. Canada doesn't have an passport requirement for entry, like US does.

So, your remark that you need a passport to go thru Cdn customs is not quite accurate.

I have traveled overseas twice on TNs; in both cases I kept my I-94. Once I returned at JFK (Jan 09) and the other time to Atlanta (Sep 09). At JFK they asked me why I was traveling to the US, glanced at my passport, and let me through. At Atlanta the guy had to get up and ask another agent what to do, but he handled it all up front so there was no secondary inspection.

Actually the rule "8 CFR 235.1(f)" clearly states that I-94 which is a multiple entry DOES NOT need to be surrendered prior to expiration regardless the alien is leaving the US by land, air or sea. There is no mention of "North America only". There are some posts confirming this rule and also encouraging TN visa holders to not surrender multiple entry I-94 while leaving USA to go anywhere Europe, Asia. On the other hand I also see folks such as yourself suggesting I-94 needs to be turned in at the time of departure to a country outside North America.
My other question was regarding TN processing at JFK/Houston/Denver etc. My choice is to use LAX again, but air tickets are few hundred dollars cheaper if I fly into these airports instead of LAX. Then I don't know how pain-free TN processing is at these airports. I had a good experience at LAX.

-- Tue Dec 01, 2009 7:52 am --

Lot of what I have said below is copy/paste of what I have been reading elsewhere and also confirmed by reading the actual regulation of CBP -
According to rule "8 CFR 235.1(f)(1)", all I-94 forms issued at land borders are issued by default for multiple entries unless specifically annotated for a limited number of entries.
According to rule "8 CFR 214.6(e)" states that Candians admitted under TN classification be issued an I-94 which shall bear the legend "multiple entry". So 8 CFR 214.6(e) helps to clarify that airport and seaport issued I-94s for TN status, as well as those issued at pre-clearance operations must be issued for multiple entry.

You guys are a very helpful bunch. Thank you very much. The reason why I am trying to avoid east coast airports is - in my experince of obtaining half a dozen TN visas so far, my TN process has generally been more stressful at the Canada-US border. Ever since I took a job closer to the southern border, I had been using the US-Mexico border for TN visa processing and had good experience.

Actually the rule "8 CFR 235.1(f)" clearly states that I-94 which is a multiple entry DOES NOT need to be surrendered prior to expiration regardless the alien is leaving the US by land, air or sea. There is no mention of "North America only". There are some posts confirming this rule and also encouraging TN visa holders to not surrender multiple entry I-94 while leaving USA to go anywhere Europe, Asia.

CBP has an actual arrangement with the airlines to collect I-94's upon departure from the United States. This was noted in particular by a member, lawsrlaws. The rules are applied inconsistently so that is the reality of it and sometimes varies from officer to officer.

Update -

I have successfully re-entered the US on TN via Chicago airport. As suggested by some board members, I showed a copy of previous I-94 and the officer after asking me if I am still with the same employer, issued me a fresh I-94 with the original TN validity. I was also impressed that Canadian passport holders were sent in the same line as US citizens and GC holders, which greatly cut down the waiting time in the long line at immigration.