Client Alert!
The U.S. Department of State (DOS) has implemented changes in the adjudication of TN visa applications at consulates in Mexico (Mexico City, Guadalajara, and Ciudad Juarez), leading to increased denials for certain occupational categories. These denials, which have affected both new and renewal applications, have primarily been issued under section 214(b) of the Immigration and Nationality Act.
Since Fall 2023, there has been a notable increase in TN visa refusals, particularly in the following occupational categories:
- Scientific Technicians/Technologists (STT)
- Animal Scientist & Animal Breeder
- Agriculturalist
- Engineer
Denials have been more frequent in agriculture, food safety, and engineering-related industries, particularly in the automotive, animal husbandry, and food production sectors. Officers have cited reasons such as:
- The position or job duties not aligning with the TN occupational category.
- The applicant not meeting TN eligibility requirements.
- The position not being considered a professional TN occupation.
The DOS has confirmed that Mission Mexico recently underwent a “harmonization process” for TN adjudications across consular posts, which may have contributed to these changes.
To improve approval chances, TN applicants and employers should consider the following:
- Thorough Interview Preparation: Ensure applicants are well-versed in their job title, responsibilities, and how their role aligns with the TN category.
- Align Job Duties with TN Requirements: Job descriptions should be consistent with the occupational category as listed in Appendix 2 of Annex 16-A of the USMCA.
- Review O*NET Job Descriptions: Per new DOS guidance, officers will now consult O*NET when assessing TN eligibility.
- STT Applicants: Must provide direct support to a supervising professional (not subordinates or line workers), with supporting documentation.
- Engineers: Should demonstrate the use of theoretical and practical engineering knowledge, avoiding job duties that resemble routine maintenance or assembly-line work.
- Agricultural and Food Safety Professionals: Must be prepared to extensively document the scientific nature of their duties.
- Consider Alternative Visa Categories: Given the stricter adjudication trends, some applicants may need to consider H-1B, H-2A, or H-2B visas as alternatives.
- Employers Should Be Proactive: Inform petitioning employers of these adjudication trends and ensure compliance with TN regulations both on paper and in practice.
- Explore USCIS TN Extensions: When possible, filing a TN extension petition with USCIS instead of applying at a consulate may be an option; however, consular officers are not required to defer to USCIS approvals.
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