The TN visa continues to be a vital pathway for qualified Canadian and Mexican professionals seeking temporary employment in the United States under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). In July 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in its Policy Manual, clarifying the eligibility criteria, documentation standards, and application procedures for TN applicants.
Here’s what both employers and professionals need to know:
TN Sponsorship Requirements
- A U.S.-based employer or entity must sponsor the TN applicant.
- Foreign employers without a U.S. presence are no longer eligible sponsors.
- Self-employment is not permitted. If a TN applicant owns or controls the U.S. employer, they will not qualify for TN status. In such cases, the E-2 treaty investor visa may be a better option.
Application Procedures: Canadians vs. Mexicans
For Canadian Citizens:
- Apply directly at a U.S. port of entry (including designated pre-clearance locations)
- Apply at a U.S. embassy or consulate
- File a petition with USCIS if already inside the United States
- USCIS notes preferred ports of entry for TN processing
For Mexican Citizens:
- Must apply for a TN visa at a U.S. embassy or consulate
- If already in the United States, may apply by filing Form I-129 with USCIS
- Changing or adding employers requires following the appropriate process based on the applicant’s physical location and the nature of the employer
Updated Documentation and Credential Standards
To qualify for TN status, applicants must demonstrate that:
- The offered position is listed among the TN-eligible professions
- The job duties align with those defined for the TN category
- They possess the required degree, license, or experience
Key documentation updates:
- Experience alone no longer substitutes for a required degree
- Foreign credentials must be evaluated by a recognized credentialing agency if earned outside the U.S., Canada, or Mexico
- Past work experience must be documented with employer letters if required by the occupation
Licensing and Practice Clarifications
- For professions requiring licensure (e.g., dentistry), applicants must prove eligibility to practice in the U.S. state where employment is located
- A license is not required for non-clinical activities such as attending or speaking at professional seminars, as long as no hands-on service is provided
Updates for Specific TN Occupations
USCIS clarified eligibility standards for various TN-designated professions:
- Scientific Technicians/Technologists:Â Must work under a supervising professional; cannot engage in patient care
- Registered Nurses:Â Must have valid U.S. state licensure and board-recognized credentials
- Management Consultants: Must hold temporary, advisory roles—permanent or salaried positions may not qualify
- Physicians: May only engage in teaching or research—patient care is not permitted under TN
- Computer Systems Analysts:Â Qualify under TN, but computer programmers do not fall under this classification
- Economists: Must perform economic analysis—roles resembling financial analysts or marketers are excluded
- Engineers:Â Must possess appropriate degrees and licensure; general software programming positions are not eligible unless they directly relate to a recognized engineering discipline
Practical Takeaways
These USCIS updates apply to both initial TN applications and extensions. Employers and applicants should ensure that all qualifications, job duties, and supporting documentation align with the clarified USCIS standards to avoid delays or denials.
NPZ Can Help
If you are a Canadian or Mexican professional planning to apply for a TN visa—or an employer looking to sponsor TN talent—NPZ Law Group is ready to help.
Our team is experienced in preparing complete, compliant petitions and navigating category-specific nuances. We assist clients across many industries and ensure filings meet the latest USCIS guidance.
Contact us today to discuss your TN strategy or any compliance concerns.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.