As discussed in previous posts, CBP officers have been incorrectly limiting the admission period of Mexican TN visa workers to one-year instead of the three-year period authorized under DHS regulations due to the U.S. Department of State’s change in TN visa validity to a one-year period.

In a liaison meeting with AILA in April 2011, CBP acknowledged that Mexican TN visa holders should be admitted to the U.S. for a three-year period despite the possession of a one-year TN visa stamp. AILA InfoNet Doc. No. 11060760 (Posted 06/07/11). However, CBP also stated that it reserved the right to limit TN visa workers’ admission to the U.S. for a shorter period where there is evidence that the offer of employment is for a period of less than three years.

For example, where an individual possessed an I-797 approval notice (e.g. from a change of status) or an employer letter that indicates a job offer of fewer than three years, CBP stated it may admit TN visa workers for less than the three-year period. CBP stated that intended to publish guidance clarifying its procedure for admitting Mexican TN visa workers to the U.S.

References:

• DHS TN Visa Regulations.

• DOS TN Visa Reciprocity – Mexico.

• AILA InfoNet Doc. No. 11060760 (Posted 06/07/11).