Navigating the complexities of U.S. visa categories can be challenging, particularly when considering the nuances between various types of nonimmigrant visas. Below are some frequently asked questions about Mexican TN visas holders.
Do Mexican TN Visa Holders with 4-Year Visas Have the Same Rolling Admission as E-1/E-2 Visa Holders?
No, Mexican TN visa holders are treated differently than E-1 and E-2 visa holders regarding rolling admission periods. E-1 and E-2 visa holders can often extend their stay simply by presenting proof of continued employment and a valid visa at the port of entry.
In contrast, Mexican TN visa holders cannot be readmitted for a fresh 3-year period based solely on their remaining visa validity if their initial I-94 is expiring. Even if a TN visa holder has a visa valid for 4 years, their period of admission is limited to 3 years due to regulatory constraints. They need a new I-797 approval notice or must reapply at a Consulate to continue their employment status. In other words, Customs and Border Protection (CBP) will not adjudicate Mexican TN applications for admission at the port of entry.
Can TN Visa Holders Change Employers at the Port of Entry?
Changing employers can be a bit tricky for Mexican TN visa holders. Here’s how it works:
- If a Mexican citizen holding a TN visa wishes to change employers, they cannot do so directly at the port of entry. Even if the visa is still valid and the employee has an I-797 approval notice for a new employer (Employer B), they must apply for a new TN visa.
- Similarly, a Mexican TN visa holder cannot present a new TN application at the port of entry for CBP adjudication. This type of application needs to be processed through a U.S. Consulate or via a new petition filed with USCIS.
The only exception to these rules involves using Automatic Visa Revalidation if the initial TN visa has expired, which we’ll discuss next.
Using Automatic Visa Revalidation for Mexican TN Visa Holders
Automatic Visa Revalidation can be used under certain circumstances when a Mexican citizen’s TN visa has expired:
- If a Mexican citizen has an expired TN visa annotated with Employer A and has an I-797 approval notice for a new employer (Employer B), they may use Automatic Visa Revalidation to return to the U.S. in TN status to work for Employer B. This process allows them to bypass obtaining a new visa, provided they meet the eligibility criteria for automatic revalidation.
- However, if the TN visa is still valid, Automatic Visa Revalidation cannot be used for re-entry under a new employer. This is because revalidation only applies when the visa has expired, and the individual wishes to continue working under the same visa category.
For Mexican visa holders, understanding these distinctions is crucial to maintaining compliance and avoiding complications at the port of entry. Unlike Canadian TN holders, who have a bit more flexibility at the border, Mexican citizens face stricter adjudication rules and generally must rely on USCIS or Consulates to change employers or renew admission periods.
If you have further questions or need assistance navigating your TN visa status, it’s always best to consult with an immigration attorney who can provide guidance tailored to your unique situation.
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