Background
Originally from Mexico, Daniel had been traveling back and forth between the U.S. and Mexico using a B-2 tourist visa. The B-2 visa is strictly intended for temporary visits for leisure, tourism, or medical treatment. However, Daniel’s work situation was changing. His company, a leading steel manufacturing company in the U.S., specializing in wind turbine towers, wanted Daniel to come to the U.S. to complete a specific project.
The company mainly served clients across the Western Hemisphere and sought Daniel’s assistance in the capacity of an independent consultant. He would be in charge of evaluating and enhancing operational efficiencies, with a focus on the company’s quality control systems. The proposed position was for two years, and Daniel would be responsible for:
- Conducting in-depth diagnostics on the current quality control processes
- Identifying inefficiencies and risk points
- Recommending and overseeing strategic improvements
However, Daniel had one problem. The company wanted him to start working in the consultant position in exactly one month.
VisaNation Case Strategy
Daniel met with our team, and we recommended a TN visa as he was a Mexican citizen and would only be working in this position for two years. The TN visa for a Mexican consultant falls under the USMCA (United States, Mexico, Canada Agreement) and would be the most appropriate path, specifically under the Management Consultant category. To classify for a TN Visa under USMCA as a Mexican Citizen, you must:
- Be a Mexican Citizen
- Hold a profession that is on the USMCA list
- Position in the U.S. requires a USMCA professional
- Applicant will work in a prearranged full or part-time job for an employer
- Applicant must meet the appropriate education and experience requirements for the profession
We explained that his role required more than just general business advice, it demanded specialized industry knowledge, technical insight, and a deep understanding of manufacturing workflows. We demonstrated that his position aligned with the “Management Consultant” designation under USMCA Appendix 1603.D.1. This classification covers professionals who provide expert advice to improve business operations, without taking direct control of management or becoming a traditional employee of the business.
Within the petition, we included Daniel’s prior experience, education, independent consultant status, proof of the temporary nature of the assignment, consulting agreements, business plans, academic credentials, biographical information, and his success in similar roles, making him the ideal candidate to lead this project. Each element of the petition was carefully curated to show that Daniel’s qualifications and role met the TN visa criteria. It’s important to note that with TN visas for Mexican citizens, they cannot apply directly at the border like a Canadian. This detail is often overlooked, where a Mexican citizen needs to apply at a U.S. consulate first.
Verdict
Within three weeks, Daniel’s TN visa was approved by USCIS. Daniel was able to cross the border and work within his new role, providing high-impact consulting that supports innovation and efficiency in the green energy sector.
