Due to a provision of the North American Free Trade Agreement (NAFTA), on December 1, 2003, the 5,500 annual numerical cap and visa petition procedures for the TN nonimmigrant visa category for Mexican citizens will end.  The NAFTA provision set a 10-year period for the cap and petition procedures.  From January 1, 2004 onwards, Mexican citizens who want TN classification will apply for a visa at a US consulate without a need for prior approval from USCIS or the Department of Labor.

Provisions of NAFTA and the Immigration and Nationality Act (INA) allow citizens of Canada and Mexico who are qualified in specific professions to temporarily enter the US under TN nonimmigrant status, and their dependent family members are granted TD nonimmigrant status.  The requirements for Mexican TN professionals differ from those of Canadian TN professionals.

Requirements for Mexicans are similar to those of H-1B professionals.  The employer is required to obtain approval of Form I-129 from USCIS and approval of a labor condition application (LCA) from the Department of Labor.  After these petitions are approved, Mexican citizens can receive a TN visa from a US consulate.  New Mexican TN admissions are currently subjected to a 5,500 annual cap.

In contrast, Canadian professionals go through a simpler process.  They do not have to submit an I-129 or LCA or obtain a visa from a US consulate.  Canadians can enter the US at a port of entry by providing documentation demonstrating that they have a designated TN profession and that they have the required educational background for that profession.  There is no cap on the number of Canadian professionals admitted under TN status.

Beginning on January 1, 2004, Mexican TN procedures will change.  Those Mexican citizens seeking TN status will apply at a US consulate in Mexico and will not need prior approval of Form I-129 or LCA.  The Department of Homeland Security plans to publish an interim rule that will provide information on the new procedures.