The U.S. Citizenship and Immigration Services (USCIS) has revised its guidance on TN nonimmigrant visa classification under the USMCA (formerly NAFTA), impacting both employers and foreign professionals from Canada and Mexico.
Highlights of the 2025 Policy Update:
- New Employment Criteria:Â TN employment must now be offered by a U.S.-based employer or entity. Roles with foreign companies operating in the U.S. may not qualify.
- Self-Employment Exclusion:Â TN status is not available for self-employed individuals.
- Expanded Port-of-Entry Access:Â TN applications may now be submitted at more Class A ports-of-entry, including major international airports and land borders. However, pre-clearance locations inside Canada have added restrictions.
- Enhanced Documentation Standards:
- Degrees earned outside North America must be professionally evaluated for U.S. equivalency.
- Where experience is a requirement or substitute for education, detailed employment verification is essential.
- If state licensing is required for a profession, evidence of compliance must be included.
Notable Changes to Specific Professions:
- Scientific Technicians/Technologists:Â Now limited to support roles within 10 scientific disciplines. Roles involving direct patient care no longer qualify.
- Physicians:Â Must limit patient care to duties that are part of teaching or research.
- Computer Systems Analysts:Â Programming may only be incidental; pure programming roles are not permitted.
- Economists: Only traditional economic analysis roles qualify—marketing and financial analysis positions do not.
- Engineers: The applicant’s academic background must align directly with the engineering role; IT-related positions using this category are likely to be denied.
What This Means for Employers:
Organizations employing Canadian or Mexican citizens under TN visas should review the new standards carefully:
- Ensure the offered role aligns with a recognized TN profession.
- Avoid misclassifying roles—especially in engineering and IT fields.
- Reassess hiring strategies for healthcare support and financial analysis roles, which may no longer qualify.
Need Help Navigating These Changes?
Our legal team can assist employers and professionals in reviewing job eligibility, preparing application materials, and exploring alternative visa options where needed.
Contact Us Today to schedule a consultation and ensure compliance with the new USCIS TN policy framework.
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.