August 7, 2009

H-1B Visa Applications in Mexico - Third Country Nationals Applying for Visa Renewal in Mexico With a New Employer are Cautioned

Foreign nationals residing in the United States who wish to travel and apply for visas at a U.S. consulate other than the one in their home country should always take the time to find out local consulate standard practices. Consulates have the discretion to accept or not accept a visa application from Third Country Nationals (TCNs). Some consulates allow for TCN processing in limited circumstances. Mexico, in particular, has very specific restrictions with TCN visa applicants.

Generally, only TCNs who are seeking to renew their existing nonimmigrant visas (except B1/B2 visitors for business or pleasure) in the same category and with the same sponsor will be accepted for processing by U.S. Consulates in Mexico. If you are applying for a visa for a new nonimmigrant visa category or the same visa category but with a new U.S. sponsor, some U.S. consulates in Mexico will not accept the application. Recent reports indicate that the U.S. Consulate in Guadalajara is one of the consulates not accepting such visa applications. Although applicants ineligible to process for a visa in Mexico can obtain an appointment through the automated system, they will be denied upon arriving at that appointment.

Specifically, guidelines from the U.S. Consulates in Mexico prohibit the following TCNs from applying in Mexico:

1. applicants for B1/B2 visas, including renewals, who are not residing in Mexico;
2. applicants who entered the U.S. with a visa issued in their home country, changed status with the USCIS in the U.S., and seek a new visa in a new visa category. For example, the applicant originally entered in F-1 status to study and after completing his/her studies changed status in the U.S. to H-1B;
3. applicants who entered the U.S. in one visa category and are seeking to re-enter the U.S. in a different visa category;
4. applicants who have been out of status in the U.S., having violated the terms of their visas or having overstayed the validity indicated on their I-94 forms;
5. applicants who entered the U.S. under the Visa Waiver Program and are now seeking issuance of a visa stamp in another category (H-1B, L-1, F, J, etc.);
6. applicants who obtained their current visa in a country other than that of their legal residence;
7. applicants subject to National Security Entry Exit Registrations (NSEERs) or are nationals of North Korea, Cuba, Syria, Sudan or Iran.

GT is closely monitoring these developments and will continue to provide updates when available. If you are planning to travel internationally and will need to apply for a visa stamp abroad, we recommend that you speak with your GT immigration specialist prior to finalizing any travel plans.