Can Mexican TN Visa Workers Change Employers At The Border? Yes!

In the past, citizens of Mexico had only two options to change their TN visa employer:

(1) They could file a DS-160 application and travel to Mexico for an appointment at the U.S. Embassy / Consulate to obtain a TN visa stamp for that new employer; or

(2) Their employer could file an I-129 petition with USCIS requesting a change of employer.

For several reasons lately these two options have been very problematic:

(1) There are only three posts in Mexico processing TN visas currently, which means it could take several months to get an appointment;

(2) Due to several court cases filed against employers who have allegedly abused the TN visa classification, the U.S. Embassy / Consulates in Mexico are more heavily scrutinizing TN applications now to ensure that each job truly qualifies as a professional - level occupation under an applicable TN occupational category;

(3) Earlier this year USCIS substantially increased the I-129 filing fee, and also added a new asylum program fee for I-129 petitions. USCIS also increased the premium processing fee (to request review in 15 business days as opposed to several weeks).

But now it seems there is a viable third option for citizens of Mexico who possess an unexpired TN visa stamp. Last year USCBP (the border agency) suggested in a liaison meeting with the American Immigration Lawyers Association (AILA) that such individuals could request a change of employer at the U.S. border. Up until now, I had been very skeptical about whether officers at the border would, in fact, implement this new policy.

I can now report that one of my clients recently successfully changed employers at the Mexican border by presenting an unexpired TN visa stamp and a TN application package that included a support letter from the new employer. In order to help facilitate this process, I prepared a brief explaining the legal authority for USCBP to grant a change of employer at the border. I also referenced the liaison meeting notes between USCBP and AILA where the agency indicated that it would process a change of employer in this scenario.

Hopefully USCBP continues this policy and remains consistent in its adjudication as it provides Mexican citizens and employers a faster and less expensive option for changing employers under the TN visa classification.