What Is the Legal Way to Bring a Worker From Mexico to a U.S. Construction Job?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 23, 2026
Legal Inquiry
Consumer Legal Issue
What is the best way to help someone in Mexico who wants to work for us to get here legally?
Attorney Answer
Match the job to a lawful category before anyone is recruited. H-2B fits a documented temporary, non-agricultural need; a permanent roofing or construction position points to EB-3/PERM planning instead, which takes years. Mexican citizenship alone creates no TN eligibility: the USMCA professions list (8 C.F.R. § 214.6, Appendix 2) has no roofer, laborer or construction trade, and relabeling a crew as 'engineers' or 'scientific technicians' has led to federal trafficking litigation.
The H-2B sequence is fixed: the employer must obtain the DOL labor certification before USCIS will accept the petition (8 C.F.R. § 214.2(h)(6)(iii)(C)), then the worker completes consular processing. A tourist visa is not work authorization. Before making commitments, check admissibility, the ban on charging workers recruitment or petition fees (20 C.F.R. § 655.20(o), (p)), wage obligations and transportation duties.
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Frequently Asked Questions
Can a Mexican construction worker come on a TN visa?
Not for ordinary construction work. The USMCA professions list in 8 C.F.R. § 214.6 has no roofer, laborer or construction trade, and Mexican citizenship alone does not create TN eligibility.
What comes first in an H-2B case?
The Department of Labor labor certification. USCIS will not accept the H-2B petition until the employer has a favorable labor certification, and only then does the worker apply for the visa.
Can a worker start on a tourist visa while the paperwork is pending?
No. A tourist visa is not work authorization, and employers may not pass H-2B petition or recruitment costs on to workers.