Question 1

What is the TN visa and who qualifies under USMCA?

Accepted Answer

The TN (Trade NAFTA) visa is a non-immigrant work authorization available to citizens of Mexico and Canada under the USMCA (formerly NAFTA). It is available to professionals in specific occupations listed in USMCA Appendix 2 — including engineers, accountants, lawyers, scientists, and certain management consultants. Mexican citizens apply at a US consulate; Canadian citizens can apply at the US border. TN status is granted in one-year increments and can be renewed indefinitely. It is one of the more accessible work visa categories for Mexican professionals.

Question 2

What is the E-2 investor visa and can Mexican nationals qualify?

Accepted Answer

The E-2 treaty investor visa allows nationals of treaty countries to enter and work in the US based on a substantial investment in a US business. Mexico has an E-2 treaty with the United States, so Mexican nationals can apply. The investment must be substantial (typically $100,000+, though there is no fixed minimum), at risk, and in a real operating enterprise. The investor must be coming to develop and direct the business. E-2 status can be renewed indefinitely as long as the business continues to operate.

Question 3

What are I-9 compliance requirements for Texas employers?

Accepted Answer

All US employers must verify the employment eligibility of every new hire using Form I-9. Employees must present acceptable documents establishing identity and work authorization. Employers must retain I-9 forms for the longer of three years from the hire date or one year after termination. Common violations include accepting improper documents, failing to complete forms timely, and improper retention. ICE (Immigration and Customs Enforcement) conducts I-9 audits and can impose significant civil penalties for violations.

Question 4

What is the H-1B visa and how does the lottery work?

Accepted Answer

The H-1B visa allows US employers to hire foreign nationals in specialty occupation positions (typically requiring a bachelor's degree or higher in a specific field). There is an annual cap of 65,000 H-1B visas plus 20,000 for US master's degree holders. Demand regularly exceeds the cap, so USCIS holds a computer-generated lottery each spring for the following fiscal year. Employers file petitions on behalf of selected employees. Cap-exempt employers (universities, nonprofits affiliated with universities, government research organizations) can file H-1B petitions at any time.

Question 5

How can a Texas business sponsor an employee for a green card?

Accepted Answer

Employment-based green cards for most professional positions require a three-step process: (1) PERM labor certification through the Department of Labor, demonstrating that no qualified US workers are available for the position; (2) filing an I-140 immigrant petition with USCIS; and (3) adjustment of status (if already in the US) or consular processing. Wait times for employment-based green cards vary significantly by country of birth and preference category — nationals of India and China face the longest backlogs. An immigration attorney can evaluate the best path for your specific situation.

Service	Typical Range
TN Visa Application (attorney preparation)	$500–$1,500
H-1B Petition (attorney fees, excl. USCIS fees)	$2,500–$5,000
E-2 Investor Visa Application	$3,000–$8,000
PERM Labor Certification	$3,000–$7,000
I-9 Compliance Audit	$1,500–$5,000

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