Effective February 10, 2014, Mexican TN visa applicants will no longer be required to obtain approval from the United States Citizenship and Immigration Services ("USCIS") prior to applying for a TN visa at a US Consulate pursuant to a final rule issued by the Department of State ("DOS") amending its regulation to the North American Free Trade Agreement (NAFTA).
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to "engage in activities at a professional level" pursuant to NAFTA. The regulations specify various categories of professions that are identified in a list of 63 professions.
In order to qualify for TN status as designated by this category, the applicant must: (1) have a job/job offer in the United States; (2) work one of the occupations/professions listed and; (3) have the specified requirements (either a bachelor's or licenciatura degree, as appropriate, in the field (or in a closely related field) OR experience plus a two-year post-secondary degree).
Canadians have long enjoyed the privilege of applying for admission to the United States pursuant to the TN at the border/port of entry, without the need for first obtaining a petition approval from USCIS or a visa stamp from a US Consulate abroad.
Mexican nationals, however, have been required to obtain a petition approval from USCIS prior to being permitted to apply for a visa stamp from a US Consulate abroad, adding time and complexity to the process. Now, Mexican nationals coming to the United States pursuant to the TN may enjoy the ability to apply directly to US embassy/consulate abroad for a visa stamp in their passports. The Consulate will make the determination as to eligibility and issue a TN visa stamp directly to the applicant, shortening and simplifying the overall processing time considerably. Once in possession of a valid visa stamp, the Mexican national may enter the US as a TN.
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