NONIMMIGRANT VISAS - TN Visas
Key Points for Mexican Professionals under NAFTA/ USMCA
NONIMMIGRANT VISAS - TN Visas
TN Visa Overview:
The TN visa is a nonimmigrant visa category created under NAFTA (Annex 1603.D) and continued under USMCA (Chapter 16, Annex 16-A) to allow professionals from Mexico and Canada to work in the U.S. in pre-designated occupations.
It is available only to Mexican and Canadian citizens. Other nationalities, such as Indian citizens, are not eligible unless they first obtain Mexican or Canadian citizenship.
The TN visa is for temporary employment, generally issued for up to three years, with the possibility of extensions if the professional continues to meet eligibility criteria.
Eligible professions:
The TN visa covers specific professional occupations listed in Appendix 1603.D.1 of NAFTA/USMCA (now Appendix 2 of Annex 16-A of the USMCA). Some examples include:
- Accountants
- Engineers
- Scientists (e.g. biologists, chemists)
- Faculty
- Medical professionals (e.g., nurses, doctors, dentists)
- Lawyers
- Economists
- Computer systems analysts
A complete list is available on the U.S. Department of State website or in the USMCA Chapter 16 documentation.
Applicants must have the required qualifications, such as a bachelor's or master's degree, or specific certifications, depending on the profession.
Eligibility requirements for Mexican professionals:
Citizenship: Must be a Mexican citizen. Permanent residents of Mexico are not eligible.
Job Offer: You must have a pre-arranged job offer from a U.S. employer in one of the designated TN occupations.
Requirements: You must meet the educational and/or professional requirements for the specific profession (e.g., a degree or license).
Intent: You must demonstrate nonimmigrant intent, that is, the intention to return to Mexico after the temporary work period.
Documentation:
Proof of Mexican citizenship (e.g., valid Mexican passport).
A letter from the US employer detailing the job, duration, and profession TN.
Evidence of qualifications (e.g., degree, license, or certification).
Payment of the visa application fee (approximately $160 as of 2025, subject to change).
Application Process at the U.S. Consulate in Ciudad Juárez:
Consular Interview:
Mexican professionals typically apply for a TN visa at a U.S. consulate, such as the one in Ciudad Juárez, which is a major visa processing center.
Applicants must schedule an appointment through the U.S. Consulate's online system ais.usvisa-info.com and attend an interview.
During the interview, consular officers verify eligibility, review documentation, and assess the nonimmigrant's intent. The process is similar to other nonimmigrant visa interviews, but focuses on specific TN criteria.
Passport retention and visa issuance:
If approved, the consulate retains the applicant's Mexican passport to process the TN visa. The passport is returned via DHL courier to a preselected location in Mexico (as described in the previous answer).
Processing typically takes 5-7 business days for TN visas, although delays may occur if additional documentation is required.
Dependents:
Spouses and unmarried children under the age of 21 of TN visa holders may apply for TD (Business Dependent) visas to accompany the primary TN visa holder to the U.S.
TD visa holders cannot work in the U.S., but they can study and reside with the TN professional.
In the context of your question, if the wife is applying for a TN visa as a Mexican professional, her minor children (and potentially the U.S. citizen petitioner as their father) can apply for TD visas to join her. The U.S. citizen petitioner, however, would not need a TD visa, as he can freely enter the U.S. as a citizen.
For minor children, the TD visa interview focuses on their relationship to the TN visa holder (the spouse) and proof of dependency (e.g., birth certificates listing the spouse as the mother). The children's passports will also be retained if the TD visas are approved.
The consulate may interview the wife and children together or separately, depending on the case and the children's ages.
Consular Interview for Wife and Minor Children:
Passport Handling:
As detailed above, the consulate retains the Mexican passports of the spouse and minor children during the processing of the TN/TD visa. Passports are returned via DHL to the selected location in Mexico (e.g., Ciudad Juárez or another city) once the visas are issued or if the application is denied.
Applicants must register their appointment online to select a DHL location and ensure they have alternative photo IDs (e.g., Mexican INE) to travel within Mexico while their passports are at the consulate.
Key differences between NAFTA and USMCA for TN visas:
The TN visa program under the USMCA largely mirrors the provisions of NAFTA, with no significant changes to the list of eligible professions or basic requirements.
The USMCA modernizes some aspects, such as digital trade and intellectual property, but these do not directly impact the TN visa process.
The application process, consular interview requirements, and documentation remain consistent between NAFTA and USMCA.
One procedural update under the USMCA is the emphasis on simplified origin procedures (Chapter 5), which indirectly supports TN visa processing by clarifying trade-related documentation.