TN Status for Mexican Worker (with a twist?)

G

gmexicrown

New Member
Hey everyone, found these forums via Google, hope you guys can help me.

Background:

I use to work for Company #1 , this company had Operations on both sides of the border (US and Mexico), I work on the Mexican side. A lot of our activities require us going to the US side for several weeks and some times even months, hence Company #1 decided to get us the L1 visa.

A few months ago, Company #1 decided to sell their operations in Mexico to Company #2.

Now, company #2 is a gigantic company, and they also have operations in the US. We still need to continue traveling across the border almost on a daily basis, of course this will eventually become a problem and we could lose our Tourist visas.

The buyout occurred only 3 months ago, and I believe in order to apply for an L1 visa, you need to be working for the company at least 1 year. And this is what they told us when we requested Visas.

I immediately thought about the TN option, but I know very little about it.

Our purpose:

1.- To be able to cross on a daily basis to the US to perform activities for our work. (Use equipment, business trips, etc).
2.- We will not be paid in the US, our payroll is in Mexico and we pay Taxes in Mexico.
3.- Company #2 has only been established for 3 months, although its parent company already has many operations around Mexico, the US and around the globe. They are super huge.

Do you guys think the TN can be obtain for this?
What other option do we have in order not to risk our tourist visas?

Thanks everyone for the help, and I hope this isn't too confusing.

regards,

g
 
You should not be working on B2 (tourist); are you referring to B1 (business) visa? When you mention being paid in Mexico, I hope your expenses in the US are covered. You also need to be aware of the different US income tax requirements on the different visas; certain ones will require you to pay US taxes.

I really think you and your co-workers in the same position need to be working with the company to determine the correct visas and payments rather than seeking suggestions on a forum. Your company should have an attorney working on this for those of you needing to work either temporarily or long term in the US.
 
THanks for your reply,

As I mentioned in my original post, since the company was recently bought, their lawyers belong to Company #1 now.

I just want to bring a proposition to our boss, because our original request for L1 was shut down by the HR department with the excuse of having to be established for 1 year.

All I want to know if this is correct, or if the TN Visa can work in our case.

My expenses are covered, but they are covered in Mexico with Mexican currency.

For now I come in the US 3 days a week on a B2 visa.
 
gmexicrown said:
I just want to bring a proposition to our boss, because our original request for L1 was shut down by the HR department with the excuse of having to be established for 1 year. All I want to know if this is correct, or if the TN Visa can work in our case.
Click to expand...

You need better lawyers. I suspect that a successor in interest takeover would keep your L1s active.
 
TheRealCanadian said:
You need better lawyers. I suspect that a successor in interest takeover would keep your L1s active.
Click to expand...

I would expect the same thing, but they decided to not do it, they dropped all the L1s, as they were so many. But now, there are 3 of us that need to keep doing activities on the US side, and they keep saying that we cannot go for an L1 yet, until 1 year of the acquisition has passed.

My intention is to get the TN for now, and wait for the L1 for next year.

But I dont know if the TN has the same limilation of the "need to be employed for a minimum of 1 year".

Or, the other possibility is that someone in our new company is trying to "cut cost" and avoid the payments of the L1s. Hence I want to propose the TN, as I believe it is much cheaper.
 
I would have expected that B1 is sufficient and appropriate based on your description of your activities and the fact you are paid in Mexico. I would expect possible tax problems on TN and L1 if you are paid in Mexico. Your company is being very foolish not to pursue this more actively with another legal firm or with the parent company. The 3 of you involved should consider combining funds and consulting with a US immigration attorney; look at the AILA organization website to try to find one expert in Mexican business issues. Many will give a free or very low cost consultation to determine if you would benefit from their services. This can be done via email/telephone and the attorney can be anywhere in the US (or licensed to practice). You do not want to be placed in a position where you personally are flagged to US immigration for acting according to your employer's instructions. Pursue this from the point of protecting your interests and not what the company should do. The question is simply "What visa do I need to do ....?".

You are very smart to be concerned about this problem. You - actually your company - really do need assistance of an attorney experienced in the issues and country involved as the situation as you describe it seems rather confused.
 
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