California Labor &
Employment Law Blog
State Department Now Issues Five-Year TN Visas to Mexican Citizens
Nov 22, 2022

State Department Now Issues Five-Year TN Visas to Mexican Citizens

Topics: Immigration

A recent change in visa processing allows Mexican TN visa applicants to receive a five-year visa. Before this change, Mexican citizens were issued a visa valid for only one year. This policy change allows Mexican TN visa holders to avoid the yearly trip to the US consulate to renew their visas.

TN visas are available to Mexican and Canadian citizens who are offered employment in the United States in one of the sixty occupations listed in the US-Mexico-Canada Agreement (“USMCA” formerly known as NAFTA). Mexican citizens seeking TN status must apply for a visa at a US consulate abroad. Canadians are exempt from the visa requirement. They may skip the consulate and request TN visa status at a US port of entry.

Mexican citizens wishing to obtain a five-year TN visa must prepare a non-immigrant visa application and make an appointment at a US consulate abroad for a visa interview. At the visa interview, the applicant must present the consul with:

  1. Evidence of Mexican citizenship (usually a passport),
  2. The academic qualification for the occupation as listed in the USMCA, and
  3. An offer of qualifying employment or continuation of previously offered qualifying employment in the United States for more than one year. 

The job offer may be for “at will” employment without a termination date and a note from the employer anticipating the need for the TN worker’s services for more than five years. Finally, Mexican TN applicants seeking a five-year visa must pay a $384 reciprocity fee.

Finally, it bears noting that the holder of a five-year TN visa is not permitted to remain in the US for five years. US Customs and Border Protection will permit a TN visa holder to remain in the US for three years or the period of validity of the visa, whichever is shorter.  

If you have questions or need assistance with employment-based visas, please contact the author of this blog, Richard Green, Chair of CDF’s Immigration Practice Group.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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