How Mexican Citizens Can Extend or Change TN Visa Employment

Mexican citizens working in the United States under TN (Trade NAFTA, now USMCA) status may need to extend their stay, change employers, or add an employer during their admission period. This blog explains how to handle each scenario and how Mexican citizens can add or change TN visa employers at a U.S. port of entry.


1. Extending Your TN Status

Mexican TN visa holders have two main options for extending their stay in the United States:

A. Filing for an Extension with USCIS

Your U.S. employer (or U.S. entity for foreign employers) can request an extension of your TN status through USCIS by filing Form I-129. Here’s what you need to know:

  • Eligibility Requirements:
    • You must be physically present in the U.S. when the extension request is filed.
    • If you leave the U.S. while the application is pending, your employer can request that USCIS notify the consular office or designated port-of-entry where you will apply for readmission.
  • Duration:
    • Extensions can be granted for up to three years at a time.
    • There’s no specific maximum period in TN status, as long as you maintain your professional employment and comply with all conditions of TN status.

B. Applying for Readmission at a Port of Entry

If you are near the end of your current TN admission period, you can apply for a new three-year admission period at a DHS-designated port of entry. To do this, you’ll need:

  • A new employer letter meeting TN status requirements.
  • Appropriate filing fees.
  • Mexican citizens must present:
    • A valid passport.
    • A valid, unexpired TN visa.

This option is often faster, as it doesn’t require filing with USCIS.


2. Changing Employers or Adding an Employer

You must follow specific steps if you wish to work for a new employer or take on an additional job. Work with a different or new employer is not permitted until approval is granted.

A. Filing Form I-129 with USCIS

The new or additional employer must file Form I-129 with USCIS. The application must include:

  • A detailed letter from the employer describing:
    • The job duties.
    • Duration of the employment.
    • Compensation terms.

Work authorization begins only after USCIS approves the request.

B. Applying for Readmission at the Border

Alternatively, you can present documentation from the new or additional employer at a DHS-designated port of entry. Required documents include:

  • A letter from the employer detailing the job offer.
  • Filing fees (paid at the time of application).
  • Mexican citizens must also present:
    • A valid passport.
    • A valid, unexpired TN visa.

The employer’s letter must comply with the requirements outlined in 8 CFR 214.6(d) for both scenarios.


Key Points to Remember

  1. Maintaining TN Status: Always comply with the terms of your TN visa and avoid unauthorized work.
  2. USMCA Requirements: Ensure your employer’s job offer meets the USMCA requirements for professional-level positions.
  3. Plan Ahead: Extensions and changes can take time. Start early to avoid gaps in employment or status.
  4. Seek Professional Help: Immigration processes can be complex. Consulting an experienced immigration attorney can ensure smooth navigation.

FAQs

Can I work while my TN extension is pending with USCIS?

Yes, you can continue working for your current employer for up to 240 days after your TN period expires, provided the extension application was filed before the expiration date.

How long does it take to get USCIS approval for an extension or change of employer?

Processing times vary, but you can request premium processing for faster results.

Can I switch jobs without leaving the United States?

Yes, but you must wait for USCIS to approve the new employer’s Form I-129 before starting work.


Conclusion

Mexican citizens in TN status have flexible options for extending their stay, changing employers, or adding an employer. Whether you file through USCIS or apply at a port of entry, staying organized and informed is essential. For personalized guidance, please consult with one of our experienced immigration lawyers.

Schedule a Consultation with an Immigration Lawyer

Citations

We Can Help!

You may have questions regarding the TN Visa Status for Mexicans. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide 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 to assess your legal situation.

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