What US Visa Options Exist For Mexican Professionals In The US?

With new trends in technology and transportation, many US companies are seeking foreign individuals who have certain skills or abilities and are willing to come to the US to perform specific tasks. Aside from traditional non-immigrant worker visas such as H1-B or L1, certain Mexican nationals who have a US-based job offer can have the option of applying for a TN visa.

How Soon Should A Company Start The Hiring And Research Process When They Have Decided to Hire a Mexican national?

As soon as the hiring need becomes apparent, the company needs to evaluate the Mexican national’s education credentials. The candidate must usually possess a “Cedula Professional” in order to qualify for a TN visa. Next, the US-based company should start gathering all the pertinent documentation regarding the foreign worker, as well as create a detailed list of duties and jobs that the worker will perform. The TN visa allows only certain classes of professional workers to apply. The company will need to ensure the candidate falls within the one of the classes of eligible professions. The Covid-19 pandemic has created need for foreign medical professionals.

At What Point In The Process Do You Generally Begin Working With An Attorney?

Most of the time, companies will approach our firm well before they’ve even opened up a position or begin doing business in the United States. It’s prudent to seek legal assistance or guidance when determining whether or not to seek a foreign worker. If an existing company needs to bring in foreign employment, then we will usually meet as soon as the need becomes apparent.

What Due Diligence Is Required Before A Company Tries To Hire A Qualified Mexican TN Professional?

Prior to hiring a foreign worker, a US-based company must make sure that the foreign worker’s skills, education, and experience are aligned with the TN visa requirements. For this reason, it is important to develop a highly detailed offer of employment that outlines the company’s need, the qualifications of the Mexican national and the proposed work duties in the US. It’s also prudent for the attorney who is representing the company or the company’s human resources department to do an inadmissibility check of the foreign worker. Something in the worker’s past, such as a criminal arrest or misrepresentation can potentially disqualify them for entry into the United States.

How Long Does The TN Application Process Take?

No foreign labor certification or petitions for employment are required for the TN visa. This makes the process much faster than other work visas. Ideally, the company will plan for the hiring of the foreign worker six to nine months before the actual need for foreign employment arises. Once all support documents and credentials are collected and organized an appointment is scheduled with the appropriate Mexican consulate or embassy. A decision on the TN visa will be made immediately after the interview.

How Long Is The Term Of The TN Visa?

TN visas are granted in increments of 1 year. Each year a company can submit a new employment letter requesting renewal of the TN visa so long as there is a need for the Mexican professional in the United States. The TN visa can be renewed perpetually but does not have a path to Lawful Permanent Residency or US Citizenship.

For more information on Companies Hiring Mexican Professionals In US, a detailed case evaluation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.