DOS Expands TN Visa Stamp Validity Period For Mexican Citizen To 48 Months

The U.S. Department of Labor recently updated its visa reciprocity schedule for citizens of Mexico, and have provided 2 visa validity period options for TN visa applicants. Mexican citizens can continue to request the current 1-year TN visa validity period by paying a visa reciprocity fee of $104. Alternatively, they may now request a 4-year TN visa validity period by opaying a visa reciprocity fee of $382. These visa reciprocity fees are in addition to the non-refundable nonimmigrant visa application fee (MRV fee), which is $160 for TN visas, and must be paid when when scheduling the visa appointment. The visa reciprocity fee is only charged after the visa interview if the application is approved.

This is a welcomed change for Mexican TN visa workers not only for the increased travel authorization, but also because it may reduce instances of USCBP errors in its issuance of I-94 records. In early 2010, the U.S. Department of State adjusted the Mexico Reciprocity Schedule reducing the validity period of most non-immigrant visas issued to Mexican citizens. In doing so, the U.S. reduced the validity period of TN visa stamps issued to Mexican citizens from 36 months to 12 months. Besides limiting the travel authorization period for Mexican TN visa workers, this reduction led to problems with USCBP’s issuance of I-94 records at the U.S. border. USCBP officers would routinely issue erroneous I-94 records limiting Mexican TN visa workers’ period of stay (i.e. length of I-94) in the U.S. to 1-year (to coincide with the TN visa stamp validity period), rather than the permissible 3-year period of stay. Now that Mexican TN visa workers can be issued TN visa stamps valid for 48 months, hopefully this will decrease the instances of USCBP issuing incorrect 1-year I-94 records.

TN visa workers must keep in mind that this change only impacts TN visa stamp validity periods, i.e. the period of time a citizen of Mexico may use their visa stamp to seek entry to the U.S. This change has no effect on the length of time a TN visa worker may reside or work in the U.S. That period of time is governed by one’s I-94 record, and the period of stay permitted to all TN visa workers remains unchanged at 3 years.