Admission of Mexican TN Workers

Under the North American Free Trade Agreement (NAFTA), certain Canadian and Mexican professionals are allowed to enter the U.S. under the TN nonimmigrant classification to engage in certain TN-eligible occupations.   We wrote recently about Admission of TN Canadian Workers in the U.S.  This article is the second of the series and pertains to requirements and procedures for admission of Mexican TN workers in the U.S.

TN Admission Requirements

It is important to note that requirements for admission of Canadian and Mexican TN workers vary.   While a Canadian citizen TN worker may apply for TN classification at the border,  Mexican TN workers must first obtain a TN visa at a U.S. Consulate.     After obtaining a TN visa from the Consulate, a Mexican citizen may apply for admission in TN status at a U.S. Class A port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-clearance/pre-flight station.

Visa Validity and Proper Period of Admission

A TN visa issued to a citizen of Mexico by a U.S. Consular officer is valid for a maximum of one year.  The TN visa validity limitation is required by the U.S. Department of State’s reciprocity schedule.   The validity of the TN visa, however, does not determine the period of time that a Mexican TN worker may be admitted in TN status — a Mexican TN worker may be admitted for a period of up to three years in TN status, provided that the passport will remain valid for the entire period.

A key document a Mexican TN worker should be ready to present is a TN support letter, prepared and issued by the intended US employer describing how the intended position and the employee qualify for TN status.

Not all Mexican TN workers are given a 3-year TN status, however.    If the intended employment is of shorter duration, as described in the TN employer support letter, the TN worker is likely to be given TN status only for the requested work period.

Conclusion

The requirement of a passport with sufficient validity and a proper TN employer support letter makes it important for Mexican TN workers to prepare a proper application for admission into the U.S. on TN status.   Unlike Canadian TN workers, Mexican TN workers must first go through the U.S. Consular visa application review process and often can document well their employment by the time they travel to the U.S. to seek admission on TN status.   Our office routinely handles Mexican TN worker applications and we are happy to assist with the preparation of proper TN visa application and admission paperwork.    Please feel free to contact us for assistance or with questions.