The TN-2 Visa, a component of the US-Mexico-Canada Agreement (USMCA), allows Mexican citizens to work temporarily in the United States. This comprehensive guide outlines the qualifications, application methods, and key considerations for Mexican citizens seeking TN-2 visa status.
Qualifications for TN Visa Status
As a Mexican citizen, you qualify for TN visa status if you meet the following criteria:
- Mexican citizenship (Permanent residents of Mexico are ineligible).
- Offer of employment from a US-based company or servicing a contract for a US company.
- Employment falls under one of the listed USMCA (NAFTA) professions.
- Minimum education and/or experience requirements for the chosen profession.
- Demonstrate that employment will be temporary.
Applying for TN Visa Status
1. Direct Application at a US Embassy or Consulate
- Apply directly at a US embassy or consulate.
- Receive a TN visa stamp in your passport upon approval.
- Enter the US and receive an I-94 with approved work dates, employer details, and profession.
2. Change of Status within the US
- If already in the US under legal immigration status, your potential employer can file Form I-129 Petition with USCIS for a change to TN-2 Visa status.
- Commence work upon USCIS approval.
After Receiving the TN Visa Stamp
- Apply for admission at designated US ports of entry with Customs and Border Protection (CBP).
- CBP issues an I-94 with approved work dates, employer details, and profession.
- Note: Though the TN visa stamp may be for 4 years, work authorization is limited to I-94 dates, not exceeding 3 years per admission.
Changing or Adding Employers
- TN visa is employer-specific.
- To change or add employers within the US:
- File Form I-129 Petition with USCIS for approval.
- Mexican citizens can file directly with CBP at a US port of entry, exiting and re-entering with supporting documents.
Extending TN Visa Status
- TN visa status is generally approved for a maximum of 3 years.
- Extensions can be sought by:
- Exiting and re-entering the US with current Mexican passport, valid TN visa stamp, and supporting documentation.
- Filing Form I-129 Petition with USCIS, allowing work for up to 240 days after the current status expiration while awaiting a decision.
Empower yourself with the knowledge to navigate the TN-2 visa process seamlessly. Whether applying, changing employers, or extending status, this guide equips Mexican citizens with the insights needed for a successful TN-2 visa journey.
Additional Outside Resources
- USCIS: TN NAFTA Professionals
- CBP: TN Visa
- DOS: Visas for Canadians and Mexicans
- CBP: TN Status for Mexican Citizens
We Can Help!
You may have questions regarding U.S. immigration laws and visas. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.