The TN visa remains one of the most efficient options for Canadian and Mexican professionals to work in the United States, thanks to the United States-Mexico-Canada Agreement (USMCA). Formerly known as NAFTA, the agreement continues to promote cross-border economic activity through the TN nonimmigrant visa classification—designed for individuals performing professional services in pre-approved occupations.
In June 2025, the U.S. Citizenship and Immigration Services (USCIS) released significant updates to its Policy Manual, clarifying eligibility requirements and closing common adjudication gaps. This update provides clearer guidance for both employers and applicants, reducing the likelihood of inconsistent or delayed decisions.
Overview of TN Visa Eligibility
To qualify for TN status, applicants must:
- Be a citizen of Canada or Mexico;
- Have a pre-arranged job in the U.S. in a profession listed in Appendix 2 of USMCA Chapter 16;
- Meet the educational and licensing criteria outlined for that profession;
- Ensure the U.S. job genuinely requires a professional with those qualifications.
Self-employment is not allowed, and TN status is inherently temporary—even though it may be renewed indefinitely.
Application Pathways for Canadian and Mexican Citizens
Canadian Citizens:
Canadian nationals do not need a TN visa from a consulate. They may apply directly at a U.S. port of entry or pre-clearance airport by presenting:
- Proof of Canadian citizenship;
- An employer support letter outlining the job, duration, and qualifications;
- Educational credentials or academic evaluations (if required).
Alternatively, U.S. employers can file Form I-129 with USCIS on behalf of Canadian applicants who are already in or outside the U.S.
Mexican Citizens:
Mexican citizens must first obtain a TN visa from a U.S. consulate in Mexico. After visa approval, they may apply for admission at a U.S. port of entry.
Highlights from the June 2025 USCIS Policy Manual Update
USCIS’s revised guidance aims to improve adjudication consistency and reinforce critical eligibility standards:
1. TN Petitions Must Reflect Specific Employment Conditions
Applicants must stick to the same employer, role, and location as outlined in their petition. Any material change (like a job switch or altered job duties) requires a new TN application. USCIS will now review these changes more stringently.
2. Clarifications on Degree and Licensing Requirements
USCIS reiterated that the degree presented must be directly related to the job role. For example, general business degrees cannot substitute for specialized degrees like engineering or accounting when the position requires such credentials.
Where state licensure is required—such as in healthcare or education—USCIS now expects proof of licensure or proof of eligibility to obtain it.
3. Occupation-Specific Clarifications
USCIS has reiterated that a job title or employer’s label is not enough—eligibility is based on the primary job duties and the applicant’s academic or professional qualifications. Below is a summary of clarifications for key TN professions:
| Occupation | Eligibility Summary |
|---|---|
| Scientific Technician/Technologist (ST/T) | Must support a supervisory professional in hard sciences (e.g., chemistry, engineering). Patient care roles (e.g., lab techs supporting radiologists) are not eligible. Requires at least 2 years of technical education or equivalent experience. |
| Medical Laboratory Technologist | Permitted only for roles involving lab-based diagnostics (e.g., biological or chemical tests). Must present healthcare worker certification. |
| Physician (Teaching/Research Only) | May not provide direct patient care. Incidental care may be allowed if it’s minimal and secondary to research or teaching. |
| Registered Nurse | Must present a nursing license (permanent or temporary) for the intended U.S. state. A credentialing certificate (e.g., CGFNS) is also required. |
| Sylviculturist / Forester | Requires a degree in forestry or a related field. Duties must involve supervising or managing tree growth, protection, or harvesting. |
| Disaster Relief Insurance Claims Adjuster | Must show a valid disaster declaration (e.g., from the President or a state agency). Work must relate to adjusting claims from declared disasters. |
| Management Consultant | Must hold a related degree or 5 years of consulting experience. Must fill a temporary, non-routine role. Permanent roles are only allowed if employed by a U.S. consulting firm. |
| Computer Systems Analyst | Must hold a degree or diploma + 3 years’ experience. Primary duties must involve systems analysis, not programming. Programmers are not eligible. |
| Hotel Manager | Requires a degree or diploma in hotel/restaurant management + 3 years’ experience. |
| Animal or Plant Breeder | Must hold a related degree. Roles should focus on improving traits through breeding techniques. |
| Economist | Requires a relevant degree. Role must focus on economic research or analysis. Positions like market research analyst or financial analyst do not qualify. |
| Engineer | Requires a degree or license in a recognized engineering discipline. Must not substitute general IT roles unless fully credentialed in software or computer engineering. |
Updated Guidelines for TD Dependents
Spouses and children under age 21 of TN visa holders may qualify for TD status. Key takeaways:
- TD dependents cannot work but may study full-time.
- Canadian dependents can apply directly at the border without needing a visa.
- Others must apply at a consulate and provide proof of the TN principal’s continued status (e.g., I-94, employment proof, and credentials).
Best Practices for Employers and Applicants
Given the increased scrutiny, both employers and professionals should ensure full compliance with the new guidelines:
For Employers:
- Draft employer letters carefully, ensuring the role matches the listed USMCA occupation.
- Detail job duties clearly to reflect the need for a qualified professional.
- Verify that the degree or license the candidate holds is directly relevant.
For Applicants:
- Secure academic evaluations for foreign degrees.
- Prepare to explain how your background meets the listed requirements.
- Maintain documentation to show your role remains consistent with what was approved.
Conclusion
The TN visa remains a valuable route for qualified Canadian and Mexican professionals to contribute to the U.S. workforce. The June 2025 USCIS update sharpens eligibility standards and removes ambiguity—improving transparency while also raising the bar for documentation and precision.
Employers and applicants are strongly advised to seek legal guidance early in the process to ensure that all submissions are compliant and complete. At Ahluwalia Law Offices, we bring decades of experience navigating employment-based immigration and offer strategic support to companies and individuals pursuing TN and related work visa options.
