March 3, 2010
 

Department of State Revises Visa Reciprocity Schedule for Mexican Nationals: Work Visas May Now only be Issued for up to 12 Months.

Effective February 22, 2010, the U.S. Department of State has imposed a maximum validity period of 12 months for Mexican nationals applying for most nonimmigrant work visas, including E-1, E-2, H-1B, L-1, O-1, P-1, R-1 and TN visas. The new 12-month maximum visa validity period is consistent with the Department's policy of reciprocity, as U.S. citizens are subject to the same 12-month maximum validity period for similar travel to Mexico.

In conjunction with imposing the new maximum validity period for work visas, the Department has also eliminated the "reciprocity fee" for Mexican nationals applying for such visas. Previously, Mexican nationals were required to pay a visa reciprocity fee of $100 for each year of visa validity requested, in addition to the basic visa application fee of $131. The Department estimates that the elimination of the supplemental fee will save Mexican nationals $9 million a year.

How This Affects You

The 12-month maximum validity period will necessitate more frequent visa renewals for Mexican nationals, which may complicate international travel and disrupt work schedules. It will also likely increase wait times and other delays at the U.S. Embassy and consulates in Mexico. We therefore recommend planning visa renewals several weeks in advance.

Note that the period of authorized stay granted by the Customs and Border Protection (CBP) when seeking admission to the U.S. is not determined by the visa expiration date. The CBP should continue to grant Mexican nationals the same period of stay, which is notated on the I-94 arrival-departure record, as it grants applicants from other countries. This is usually longer than 12 months. We recommend that applicants review the I-94 upon each entry to the U.S. to ensure that it was notated correctly.

Please also note that the elimination of the visa reciprocity fee for Mexican nationals applies based on the applicant's nationality and is effective at all consular posts, regardless of the physical location of the post. It also applies to dependent family members.

 

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