TN-1 for Mexican Professionals... Success!

As I have discussed before, the NAFTA Free Trade Agreement brought us the TN-1 visa for Mexicans and Canadians. When the law first passed, there was a quota for Mexicans (though never for Canadians). However, over time, the quota was eliminated as it was deemed unnecessary. Not enough professional Mexicans apply for this visa to make the numbers who come here a problem and therefore, no quota is needed. Originally, it was also necessary for employers to file a Labor Condition Application (LCA) for Mexican workers (but not for Canadians). This was a deterrent because filing an LCA means surveying the job market for the prevailing wage and interacting with the Department of Labor, as well as the USCIS. Fortunately, the requirement for the LCA was also eliminated over time. Therefore, at this point in time, the TN-1 visa status is one of the easiest ways for higher-educated Mexican professionals to come work in the US. In most cases, it requires that the applicant be a college graduate.

That fact was on my mind when a client from Mexico approached me this summer who wanted to work professionally in the US. There is a list of professions that qualify for TN-1 status so this status is not open to all Mexicans with a bachelor's degree (or "licenciatura"). However, this client has a licenciatura in computer information systems and "computer analyst" is one of the professions listed on the NAFTA Free Trade Agreement website as qualifying for a TN-1 status. Fortunately, this client was also legally in the US, so he had the option of changing his status while in the US. Finally, he already had an job offer from a company that was interested in him and all those facts combined pretty much make the TN-1 a sure thing.


Changing to TN-1 from inside the US is a bit more labor-intensive than applying at the US embassy but it does save legal Mexican non-immigrants who are already in the US the trouble of taking a trip home. This client preferred not to return to Mexico to request the visa at the US embassy there.Therefore, I helped him prepare the form that is filed to request a change to TN-1 status, the letter needed from the employer, and the other copies of documents needed. Putting together the forms and documents for a TN-1 status is fairly simple and most people can do it on their own, with a little information and guidance. Since time was short, this client also chose to request a change of status under "premium processing." This means that one more form is filed with a $1000 fee. In exchange, the US government agrees to make a decision on your case within 15 calendar days. Premium processing is not available for all statuses but fortunately, it is available for the TN-1 status. Since the client wanted to start work as soon as possible, he decided to pay the extra fee and he used the premium processing option. Otherwise, these types of cases are usually approved in about 3 months. In this case, within one week, he received an email that his TN-1 was approved! I was very pleased for him and happy I could help. I wish more Mexican professionals would consider working in the US because the TN-1 is by far one of the easiest work visas to obtain.