Mexican TNs May Now Avoid I-129 and LCA
Posted Jan 09, 2004

Mexican nationals will be able to obtain Trade NAFTA (TN) status more easily from January 2004 onwards. TN status is a nonimmigrant status, available only to Canadian and Mexican citizens under the North American Free Trade Agreement (NAFTA). TN status is limited to a specific list of occupations, primarily professional in nature. Unlike for Canadian citizens, prior to January 1, 2004, employers who sought to sponsor Mexican nationals for TN status were required to follow procedures very similar to an H1B filing. The employer had to file an I-129 petition and Labor Condition Application (LCA). These requirements have been eliminated, making the TN process for Canadians and Mexicans similar.

A Mexican national who wishes to apply for a TN visa must now apply directly with the U.S. Department of State (DOS) at a consular office in Mexico. I-129 petitions sent to the USCIS for initial TNs will be rejected entirely and returned, along with the filing fee. The law affecting Canadian TNs remains unchanged because they were never required to file the Form I-129 nor the LCA when requesting TN status.

For both Canadians and Mexicans, extensions of TN status and changes to TN status, or status for their dependents, will continue to be processed by the USCIS's Nebraska Service Center. These petitions will need a letter from the employer stating the beneficiary's job duties, the anticipated length of stay, and the arrangements for remuneration. Family members will need to submit evidence of the dependent relationship, such as a marriage certificate or a birth certificate, and related documents.

MurthyBulletin and MurthyDotCom readers who seek TN status should remember that it must be renewed annually both for themselves and their families. Dependents hold TD or Trade Dependent status. Also, TN or TD status requires the holder to maintain nonimmigrant intent, unlike holders of H1B or L-1 status who enjoy the dual intent privilege under law. Readers seeking permanent resident status should use caution when applying for all nonimmigrant-intent statuses. One should strongly consider consulting an immigration attorney prior to initiating the process to file for permanent resident status because it could obviate TN status.