n June 2025, U.S. Citizenship and Immigration Services (USCIS) released revised policy guidance on TN visas, bringing notable changes to eligibility requirements for several professions under the United States-Mexico-Canada Agreement (USMCA). These revisions are designed to unify adjudication standards between USCIS and U.S. Customs and Border Protection (CBP), while ensuring the TN classification is used strictly for its intended purpose: facilitating temporary professional employment in the U.S. for qualified Canadian and Mexican citizens.

Below, Saluja Law breaks down the key changes and their potential impact.

U.S. Employer Requirement

A critical revision is the reaffirmed requirement that TN employment must be with a U.S. entity. This effectively prohibits self-employment under the TN category. Foreign employers operating in the U.S. will also face new limitations unless the U.S. entity is the actual petitioner and employer.

For businesses, this means greater care is needed in structuring employment offers to comply with the requirement that the beneficiary works directly for a U.S. employer.

Specific Profession Clarifications

The new guidance also tightens eligibility for several professions by clarifying acceptable qualifications, job duties, and degree requirements:

• Engineers: Must hold a degree in a relevant engineering field. Computer-related roles that lack a true engineering foundation may no longer qualify.

• Computer Systems Analysts: Explicitly excludes positions focused primarily on programming or software development, narrowing eligibility to systems analysis roles only.

• Economists: Excludes market research analysts, marketing professionals, and financial analysts, limiting the category to those with true economics credentials and roles.

• Scientific Technicians/Technologists: Must support a supervising professional in a specific scientific field, with work overseen and reviewed by that supervisor. General lab work or unsupervised roles won't qualify.

Degree Relevance

For occupations requiring a bachelor's degree (or equivalent), the degree must be directly related to the proposed job duties. Employers and applicants will need to demonstrate a clear link between the academic credential and the professional role.

Increased Scrutiny and Consistency

The new policy aims to ensure consistent adjudication practices between USCIS and CBP. Historically, there have been discrepancies in how TN applications were adjudicated at ports of entry versus by USCIS, leading to confusion and unpredictability for applicants.

With these changes, USCIS is signaling tighter enforcement and more uniform standards, likely resulting in more document-heavy applications and greater scrutiny at the border.

Application Procedures Remain Largely Unchanged

• Canadian citizens can still apply at any Class A land port of entry or at designated CBP pre-clearance or pre-flight stations within Canada. Pre-clearance facilities outside of Canada can no longer be used for TN processing.

• Mexican citizens must continue to apply for TN visas at a U.S. consulate before seeking entry.

Why This Matters

For Canadian and Mexican professionals—and the U.S. employers who hire them—these policy changes represent a significant tightening of the TN visa category. Employers will need to:

• Review job offers and descriptions carefully.

• Ensure that the role fits squarely within the TN occupational list as newly defined.

• Confirm that the applicant's academic credentials match the role.

• Avoid offering TN employment to contractors or for self-employment arrangements.

Saluja Law is closely monitoring these developments and can help employers and applicants navigate the updated requirements to ensure smooth, compliant TN filings.

Need Help?

If you're an employer planning to hire a Canadian or Mexican professional, or an applicant preparing to seek TN status, contact Saluja Law today. We'll help you understand these changes and prepare a strong, compliant application.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult an immigration attorney for personalized guidance.