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Department of State Issues Final Rule for Mexican Citizens Applying for TN Visa Classification

On February 10, 2014, the Department of State finalized its regulation removing the requirement that Mexican citizens submit a TN petition with and obtain an approved TN petition from U.S. Citizenship and Immigration Services (USCIS) when seeking visa classification under the TN visa category.  Under the final rule, Mexican citizens may apply for a TN visa with the U.S. embassy or consulate abroad directly.  The consular officer will determine whether the applicant is eligible and meets the requirements for TN visa classification.  Once the TN visa is approved and issued, the applicant may apply for admission to the United States under TN status.

The North American Free Trade Agreement (NAFTA) allows citizens of Canada and Mexico to be employed in specific occupations in the United States under the TN visa category.  To gain entry as a TN “professional,” Canada and Mexico citizens must meet the requirements for the profession listed in Appendix 1603.D.1 of NAFTA and seek temporary entry to engage in a business activity pursuant to that profession.

In addition, as of January 1, 2014, the government also eliminated a numerical limitation of 5,500 TN visas for Mexican citizens.  The USCIS petition requirement allowed the government to track the numerical limit.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 47
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About this Author

KoKo Ye Huang, Jackson Lewis, Employment Based Immigration Lawyer, New hiring Regulation Attorney
Associate

KoKo Huang is an Associate in the Seattle, Washington, office of Jackson Lewis P.C. She has extensive experience in business immigration law and employment law.

Ms. Huang's immigration practice focuses on assisting employers with a wide range of employment-based immigration matters. She advises clients on best practices and compliance with disclosure and documentation requirements from governmental agencies such as U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Customs and Border...

206-626-6424
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