USCIS has released an update to its Policy Manual, bringing significant changes to regulations on the TN nonimmigrant visa classification and perhaps some employers’ practices. For instance, because of changes to the Scientific Technician/Technologist category, employers in the healthcare industry may need to consider other visas for certain roles.

Eligibility

To be eligible for a TN visa, the individual must have Canadian or Mexican citizenship, an offer of employment in a designated USMCA profession, and the qualifications of the profession as specified in the treaty.

The policy update provides:

• The intended employment must be with a “U.S. employer or entity” — which appears to be a departure from prior rules. It is unclear whether the policy intends to limit TN employment to an actual U.S. organization and to exclude a foreign employer operating or doing business in the U.S.
• Self-employment does not qualify for the TN classification.

Application Procedures

The updated policy appears to expand TN visa application submission to any Class A port-of-entry, which would include both the Northern and Southern borders, and any airport with a CBP post accepting international flights. It also appears to restrict applications at CBP pre-clearance or pre-flight stations to those located within Canada.

Documentation Requirements

The policy update provides:

• If the specified profession requires a bachelor’s degree, the applicant must have a bachelor’s degree or the academic foreign equivalent.
• If the degree was earned outside of the U.S., Canada, or Mexico, an academic equivalency evaluation is required.
• If the profession allows or requires experience in addition to the degree or alternate to the degree, letters from prior employers confirming experience should be provided.
• The applicant must meet any licensing requirements that apply to their profession in the state where they will work if they will engage in activities that legally require a license.

Specific Professions

The list of qualifying TN professions includes 63 distinct professional categories. The 2025 policy update changes some individual professions directly:

• The Scientific Technician/Technologist (ST/T) must work in direct support of a supervisory professional in one of 10 disciplines. The ST/T category is not applicable for individuals who will work in patient care, as medicine is not a covered discipline.
• The Physician may only engage in patient care that is incidental to teaching or research.
• The Computer Systems Analyst category does not include programmers, although some incidental programming activities may be performed.
• The Economist category does not include market research analysts, marketing specialists, or financial analysts.
• Engineers must have a qualifying engineering degree in a field related to the engineering job being offered. The Engineer category should not be used to fill a primarily computer-related position unless the applicant’s background is truly in engineering and the category does not cover generic programmer or technician roles.

Implications

Duration of stay and renewal policies are largely consistent with prior USCIS guidance.

Employers with TN employees will face new challenges under the 2025 update:

• Applicants under the Engineers category with degrees unrelated to the job (even if they work in an engineering firm) could face denial. Companies in the tech sector need to ensure the Engineer category is not used for roles like software developer and IT analyst if the individual is not truly an engineer by training.
• Mexican and Canadian professionals in finance or marketing roles will find it harder to obtain TNs unless their job description is squarely within economic analysis.
• Employers must ensure TN professionals work strictly within the scope of approved employment parameters.