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TN Visa Overview
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By: Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
F: 716.854.0294

TN Visa Status for Mexican Citizens

 

General Overview:

 

  • Unlike the H-1B visa category, there is no annual numerical limitation for TN visas.
  • No Labor Condition Application ("LCA") required.
  • Mexican citizens must obtain a TN visa stamp prior to admission to the U.S. (Canadian citizens are exempt from the TN visa stamp requirement).
  • Work authorization issued in one (1) year periods.
  • TN visa status may be renewed in one (1) year periods. No limit on the number of renewals.

Basic Requirements for a TN Visa Status:

1. Be a citizen of Mexico.

2. Have an offer of employment for a professional occupation listed under NAFTA.

3. Satisfy the educational and/or experience requirements for the occupation listed under NAFTA.

TN Visa Application Package - Basic Items for Mexican Citizens:

  • Employer Support Letter.
  • Degrees, diplomas, certificates and other related credentials.
  • Receipt for USD $100 visa processing fee.
  • Form DS-156, Application for Nonimmigrant Visa.
  • Form DS-157, Supplemental Application (for male applicants age 16-45).
  • Two passport style photographs.

TN Visa Application Process for Mexican Citizens:

1. Submit application to U.S. Consulate.

2. Attend interview at U.S. Consulate for TN visa stamp.

3. Apply for admission to the U.S. at border port-of-entry.

Approval, Extensions, & Changes of Employer:

  • Approvals are issued for a one (1) year period evidenced on an I-94 card.
  • May extend TN status by filing a petition within the U.S. at the Service Center.
  • If TN visa stamp still valid, may extend at U.S. border port-of-entry. Otherwise, will need to file for a new TN visa stamp at U.S. Consulate.
  • May change employers by filing a petition within the U.S. at the Service Center. Cannot work until petition is approved.
  • May also request change of employers by filing new application at U.S. Consulate.

Green Card (Lawful Permanent Residence) Available:

  • A TN applicant may not possess immigrant intent, i.e., may only seek temporary entry into the U.S. without the intent to establish permanent residence.
  • However, an applicant may intend to immigrate to the U.S. in the future and file for green card based on employment or family relationship.