Recently, the U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance concerning TN visas, which are a vital component of the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA).
What is the TN Visa?
The TN (Trade NAFTA) visa is a nonimmigrant classification that allows qualified Canadian and Mexican citizens to work in the United States in prearranged business activities for U.S. employers. This visa category was established under the NAFTA and continues under the USMCA, facilitating the temporary entry of business professionals from Canada and Mexico into the U.S.
Key Features of the TN Visa
- Eligibility: Applicants must be citizens of Canada or Mexico and have a job offer in the U.S. in one of the professions listed in the USMCA. The applicant must possess the necessary qualifications for the profession.
- Duration: TN visas are granted for up to three years, with the possibility of renewal.
- Application Process: Canadian citizens can apply for TN status at a U.S. port of entry, while Mexican citizens must apply for a TN visa at a U.S. consulate.
What is the updated policy guidance?
On June 4, 2025, USCIS issued a policy alert regarding its updated policy guidance in the USCIS policy manual which includes requirements for specific occupations. Below is a summary of the notable policy changes:
Self-employment not permitted:
The new guidance states that TN employment must be with a US employer and that self-employment is not permitted. Individuals who set up a distinct legal entity will be denied Tn classification if the entity was set up to facilitate self-employment.
Engineers: Applicants under the engineering designation must hold a degree in a directly related engineering field. Officers may consult the Occupational Outlook Handbook (OOH) to assess whether a degree aligns with the offered role. The updated guidance also clarifies that engineers cannot qualify for computer-related positions—such as software or systems roles—unless they possess specific credentials in computer or software engineering, including degrees in those fields or recognized professional engineering licenses
Economists: The updated USCIS guidance clarifies that TN economist positions must involve core economic analysis, consistent with the Department of Labor’s SOC definition. Job titles alone are not determinative and therefore officers will assess whether the primary duties reflect the economist occupation. Roles focused on financial analysis, market research, or marketing do not qualify under the economist category. USCIS now explicitly excludes duties aligned with market research analysts and marketing specialists, even if the job is titled “economist.”
Computer Systems Analysts: TN applicants in this category must have either a relevant bachelor’s degree or a qualifying post-secondary diploma/certificate with three years of experience. The new guidance limits this TN category to professionals who analyze how data processing can be applied to the specific needs of users and who design and implement computer-based systems accordingly. Programmers are specifically excluded under the new guidance.
Physicians (Teaching or Research only): Physicians admitted under this category cannot engage in direct patient care unless it is incidental to teaching or research.
Scientific Technician/Technologist (ST/T): Applicants under this TN category must be coming to perform work that directly supports a supervisory professional. The job offer must show that the ST/T’s duties are closely tied to and directly assist the professional’s own responsibilities. The supervisory professional must oversee, coordinate, and review the ST/T’s work, ensuring it is integral to the professional’s specialized functions.
Conclusion
USCIS is tightening its interpretation of TN visa requirements, making it more difficult for employers to qualify workers under certain professional categories. Employers should expect increased scrutiny and ensure job duties and credentials closely align with the updated standards.