The TN visa, originally created under the North American Free Trade Agreement (NAFTA) and now carried forward under the United States-Mexico-Canada Agreement (USMCA), continues to offer a streamlined path for qualified Canadian and Mexican professionals to work in the United States. This visa category remains vital for cross-border commerce and professional mobility between the U.S., Canada, and Mexico.

In a significant move to enhance clarity and consistency, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance on June 4, 2025, through its Policy Manual. The revisions address longstanding ambiguities and aim to better align adjudications with current agency practice. Employers and applicants should pay close attention to these updates to ensure compliance and minimize the risk of delays or denials.

For a more detailed breakdown, check out our recent Visa Vibes podcast on the TN visa.

Understanding the TN Visa Framework

The TN visa allows Canadian and Mexican citizens to work in the United States in pre-approved professional occupations listed in Appendix 2 of USMCA Chapter 16. These occupations include fields such as science, engineering, teaching, healthcare, and business.

Applicants must have a pre-arranged job offer from a U.S. employer and meet the educational or licensing requirements specified for their profession. TN status is granted for up to three years and can be renewed indefinitely, but it is strictly a nonimmigrant status—meaning the applicant must intend to depart the U.S. when the job concludes. Self-employment is not permitted, and the role must align directly with one of the treaty-listed professions.

Canadian citizens can apply for TN status directly at U.S. ports of entry or preclearance locations, while Mexican citizens must apply for a TN visa at a U.S. consulate before seeking entry.

Key Clarifications from the June 2025 USCIS Update

The Policy Manual update confirms USCIS’s authority to adjudicate TN-related petitions filed inside the U.S., including change of status and extension of stay requests through Form I-129. This is particularly relevant for Canadians who may wish to change status to TN from another visa category within the United States without departing and reentering.

Importantly, the revised guidance emphasizes that TN status is tied to the specific employer, job title, and job duties. Any material change—such as switching employers, taking on different job duties, or moving to a new work location—requires a new TN application. USCIS also clarified that TN petitions filed through the agency must meet the same requirements as TN applications adjudicated by Customs and Border Protection (CBP) at the border, closing a loophole some applicants had attempted to exploit.

Refining Eligibility Standards

The update also reiterates core eligibility criteria. First, the offered U.S. position must fall within a profession listed in the USMCA. Second, the job must actually require a professional with the specified qualifications, and the applicant must hold a relevant degree or license.

The guidance stresses that the degree must be directly related to the duties of the position. For instance, an applicant with a general business degree will not qualify for a role requiring an engineering degree, even if the job is loosely business-related. For professions requiring licensure—particularly in healthcare and education—USCIS now requires officers to verify state license eligibility as part of the adjudication process. Additionally, for foreign degrees (including those issued in Mexico or other non-U.S. jurisdictions), the agency expects applicants to submit formal academic evaluations demonstrating U.S. equivalency.

Occupation-Specific Clarifications

The update provides notable guidance for specific professions that have historically caused confusion.

For the Economist category, USCIS makes clear that only roles involving traditional economic analysis—such as forecasting economic trends or conducting supply-and-demand research—qualify. Positions like market research analysts, marketing specialists, and financial analysts, which may involve data analysis but fall under different occupational codes, do not qualify even if the job title includes the word “economist.”

Similarly, the Engineer classification is limited to those with a bachelor’s degree in engineering or a closely related discipline, or a professional engineering license. The updated guidance aims to prevent the misuse of this category for general IT or software developer roles. A “Software Engineer” might qualify only if the position involves high-level engineering duties and the applicant has the appropriate academic background in engineering, not just computer science.

The Computer Systems Analyst category also received attention. USCIS now emphasizes that while some programming may be incidental to the role, jobs that are primarily coding-focused do not qualify. Adjudicators will closely scrutinize whether the duties involve true systems analysis versus software development.

Scientific Technician/Technologist (ST/T): Tightening the Scope

The ST/T category, one of the more misunderstood TN roles, received critical updates. The revised guidance reinforces that ST/T workers must support degreed professionals in the hard sciences—such as biology, chemistry, or engineering—and possess at least two years of relevant training or experience. Importantly, any role involving patient care or clinical support is disqualified. USCIS draws a hard line: technicians assisting medical professionals, even in lab or imaging settings, are not eligible. The ST/T classification is limited to research and engineering support roles—not healthcare or manual trades.

USCIS also clarified that hands-on trades like mechanics, welders, and electricians, even when supporting engineers, do not qualify for TN under ST/T. The goal is to ensure that only those with theoretical and practical knowledge in the scientific fields—not general technical laborers—are admitted under this provision.

TD Dependents: Updated Guidance for Families

The June 2025 updates reaffirm that TD status, available to spouses and unmarried children under 21 of TN holders, carries specific rules. TD dependents can be of any nationality and, if Canadian, may apply for admission directly at the border without a visa. Others must obtain a visa stamp through a U.S. consulate.

TD holders are not permitted to work in the U.S., but they may study full-time without needing to change to an F-1 student visa. When applying for extensions or changes of status, TD applicants must demonstrate that the principal TN holder remains in valid status. This often requires submitting the TN’s I-94, pay stubs, and professional licenses.

What Employers and Applicants Should Know

The USCIS Policy Manual update provides much-needed clarity, but also signals that TN adjudications will be more precise—and potentially more rigorous—moving forward. Employers should review job descriptions carefully to ensure alignment with treaty-listed occupations. Support letters must describe duties in detail and demonstrate that the job requires the specific education or licensure listed under USMCA rules.

Applicants, especially those seeking to change status from within the U.S., should prepare strong documentation, including academic evaluations for foreign degrees and original or certified transcripts. Emphasizing the temporary nature of the employment is essential, as TN is not a dual intent visa. While the visa can be renewed indefinitely, the applicant must affirm an intent to return home at the conclusion of the assignment.

Conclusion

The TN visa remains an efficient and valuable pathway for Canadian and Mexican professionals to contribute to the U.S. workforce. The June 2025 USCIS Policy Manual update improves transparency, strengthens employer and applicant expectations, and should lead to more consistent adjudications. However, the more refined guidance also means that shortcuts and “close calls” are less likely to succeed. Employers and professionals alike should be proactive, precise, and well-prepared.

For additional updates on TN visa adjudication and real-world guidance on navigating these changes, visit Reddy Neumann Brown PC’s blog or reach out to our attorneys directly.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.