If you are a Mexican citizen currently residing in the United States with a Border Crossing Card (BCC) and wish to advance your career by working as a professional, transitioning to a TN Visa might be the ideal solution. This visa category, established under the North American Free Trade Agreement (NAFTA), allows qualified Mexican and Canadian citizens to work in certain professional occupations in the United States. This blog reviews the TN Visa application process, including eligibility criteria, the required documentation, and the step-by-step procedures you must follow to change your status successfully.
What is the Border Crossing Card (BCC)?
The Border Crossing Card (BCC) is a visa designed explicitly for Mexican citizens, allowing them to enter the United States for short-term visits. These visits are typically for tourism or business purposes and are confined to the border regions of the U.S. The BCC is a convenient option for those who need to make frequent, brief trips across the border. However, it’s important to note that while the BCC facilitates ease of travel for these short-term visits, it does not authorize the holder to engage in employment within the United States. Those seeking to work in the U.S. must explore other visa options that allow for employment, such as the TN Visa.
What is a TN Visa?
The TN Visa is a specialized non-immigrant visa designed to enable qualified Mexican and Canadian citizens to work in the United States in specific professional occupations as outlined under the United States-Mexico-Canada Agreement (USMCA), which was formerly known as the North American Free Trade Agreement (NAFTA). This visa category is tailored for engineering, science, education, and medicine professionals, allowing them to engage in employment activities requiring high expertise. The TN Visa is distinct in facilitating cross-border mobility for professionals, promoting economic integration and cooperation between the United States, Mexico, and Canada. Applicants must meet stringent qualification criteria, including the educational credentials and professional experience required for their occupation. The TN Visa offers a streamlined and efficient pathway for professionals to contribute their skills and knowledge within the U.S. labor market.
Eligibility Criteria for TN Visa
To qualify for a TN Visa, you must:
- Be a citizen of Mexico.
- Have a valid job offer from a U.S. employer in a USMCA-approved professional occupation.
- Possess the necessary qualifications for the job, usually including a bachelor’s degree or higher in the relevant field.
Required Documentation
When applying to change your status to a TN Visa, you will need:
- Proof of Mexican citizenship (e.g., passport).
- A job offer letter from a U.S. employer detailing the position, duties, and qualifications.
- Evidence of professional qualifications (e.g., diplomas, licenses).
- Form I-129 (Petition for a Nonimmigrant Worker) completed by your employer.
- Payment of the applicable fees.
Application Process for Changing Status to TN Visa
- Obtain a Job Offer: Secure a job offer from a U.S. employer in a USMCA-approved profession.
- Gather Documentation: Collect all necessary documents, including your BCC, passport, job offer letter, and proof of qualifications.
- Employer Files Form I-129: Your U.S. employer must complete and file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
- Pay the Application Fee: Your employer must pay the required filing fee for Form I-129.
- Await USCIS Decision: USCIS will process the application, which may include a request for additional evidence (RFE). Ensure all responses are prompt and thorough.
- Receive Approval: If USCIS approves your Form I-129, your status will be changed to TN Visa status, allowing you to begin working legally in the U.S.
Conclusion
Transitioning from a Border Crossing Card (BCC) to a TN Visa can open new professional opportunities for Mexican citizens in the United States. By understanding the eligibility criteria, gathering the required documentation, and following the step-by-step application process, you can successfully change your status and begin working in a USMCA-approved professional occupation. The TN Visa facilitates career advancement and promotes economic cooperation between the U.S., Mexico, and Canada. We recommend a consultation with one of our experienced TN Visa lawyers for personalized assistance.
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We Can Help!
If you have questions regarding TN Visa requirements, 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.
