As of January 1, 2004, the following restrictions were eliminated for Mexican citizens seeking TN status:
  • I-129 and LCA requirement. Mexican citizens will 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 and changes of status within the U.S., just as is done for Candadian TNs).
  • 5,500 annual cap requirement. Mexican citizens will no longer be subject to the 5,500 annual cap that NAFTA had originally imposed on Mexican TNs.

Under the NAFTA agreement [Appendix 1603.D.4, paragraph 3(b)], these restrictive provisions (to which Canadian citizens were never subject) automatically sunset on January 1, 2004 (10 years from the date NAFTA went into effect).

Attached is a USCIS fact sheet notifying the public of this change. The Department of State is currently drafting regulations to implement this change. AMDOC#: 200312010