As of January 1, 2004, qualified Mexican professionals may now apply for a TN visa directly at a U.S. Consulate in Mexico without first having to secure an approved petition from the U.S. Citizenship and Immigration Services (US CIS) in Nebraska. In addition, U.S. companies seeking to employ Mexican TN professionals are no longer required to file a Labor Condition Application (LCA) with the Department of Labor in support of the TN.

The changes are part of a larger effort to bring treatment of Mexican TN professionals closer to that of their counterparts from Canada pursuant to the North American Free Trade Agreement (NAFTA). The rule also eliminates the 5,500 annual limit on the number of Mexican professional admissions under NAFTA.

Mexican professionals seeking to apply for admission as a TN professional to the United States now need to schedule an appointment with a U.S. Consulate in Mexico¹ and submit a standard application for a non-immigrant visa, along with a copy of their qualifying educational documents, employment verification letters and a letter from the prospective employer describing their proposed job duties and qualifications. Please contact Jackson & Hertogs if you require assistance with this process.

[1] Please note that while there is no requirement that Mexican nationals/citizens applying for a TN must do so at a U.S. Consulate in Mexico, for the time being it is advisable to apply at such consulates as they will be more aware of the TN applications and will set up procedures specifically for these types of applications.

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