DOS cable UNCLAS STATE 003646 (January 7, 2004) instructs consulates onnew procedures for Mexican citizens seeking TN status, following the January 1, 2004, sunset of several provisions of NAFTA that only applied to Mexican citzens. The cable provides guidance on the following, in the form of amendments to the Foreign Affairs Manual (FAM):

  • Mexican citizens no longer need prior approval of a Form I-129 petition nor an LCA in order to apply for a TN visa at a US consulate.
  • The requirement to file an I-129 petition will remain for those requesting extensions of stay, changes of status, and changes of employer within the U.S., just as is now done for Candadian TNs
  • Mexican citizens are no longer subject to the 5,500 annual cap that NAFTA had originally been imposed on Mexican TNs. AMDOC#: 200402010