USCIS Updates TN Visa Policy: What Stricter Guidelines Mean For Professionals from Canada and Mexico

At a Glance:

• The USCIS Policy Manual now includes a revised Part P, Chapters 1-6, to address USMCA Professionals (better known as TN).
• The updated policies make TN visas available for roles with U.S. companies, not companies simply operating within the U.S.
• Certain professions — specifically, computer system analysts, economists, engineers, physicians, and scientific technicians/technologists — now have more limitations on what roles qualify for TN visas. 
• These changes are effective immediately for new TN visa applications and petitions after June 4, 2025.

USCIS has revised a section of its policy manual that clarifies — and also narrows — eligibility requirements for TN visas, and professionals from Canada and Mexico seeking temporary employment in the U.S. will want to become familiar with these changes. The updates are effective immediately for new applications and petitions, and the latest changes could also apply to new applications for extensions for TN visas. 

What Changes Were Made to TN Visa Guidelines?

Several parts of the TN nonimmigrant visa guidelines have been updated. Specifically, the list of eligible professions and roles is narrower than previously stated. Additional documentation will be required in jobs that call for previous experience or state licensing. Updates also specify that employment must be with a U.S. company, and self-employment doesn’t qualify for a TN visa.

Nicole Gunara, Principal Immigration Attorney at Manifest Law, emphasized that education requirements are stricter under new guidelines. Plus, professionals in many categories now have more limited roles that will meet TN visa requirements. Computer systems analysts, for example, have a narrower definition.

“An individual really needs to prove now that the job is actually for systems analysis. So too much of a focus on software development, computer programming, and the like, would no longer cut it under the current administration.”

Which Professions Are Most Affected?

The new policy changes apply to all TN visa applicants from Canada and Mexico, but some professions now have more limited options to qualify.

Here are some of the significant changes in job eligibility for certain professions.

• Computer Systems Analyst – Computer programming or software development roles don’t qualify in this category. A job must include data analysis to solve computer processing challenges. 
• Economists – Roles that are essentially the duties of financial analysts, marketing specialists, or marketing research analysts, are not eligible. 
• Engineers – An applicant must have an engineering degree and role. Computer engineering or software engineering doesn’t qualify under this category, unless those tasks are related to an engineering specialty. 
• Physicians – These roles are limited to teaching and research, and new guidelines specify that physicians who qualify under this category may not directly care for patients, unless it’s incidental to their specific teaching or research role.
• Scientific Technician/Technologist – Visa applications in this category must work with a supervising professional in one of 10 specific fields, and patient care is not allowed. The new guidelines give the example of a radiologic technologist as a role that would not qualify because medicine is not one of the fields covered under the policy. They also aren’t allowed to do any independent work. This means that some healthcare employers might need to look at other visa categories to fill roles that no longer qualify for TN visas.

What Stricter Documentation Requirements Mean for You

Many of the requirements for documentation are tougher now with the most recent guidelines. 

• That means your job description, responsibilities, and daily tasks must closely fit the specific jobs allowed in the new TN visa policy. 
• Your education degree also needs to match the job. If your job requires previous experience, you will need letters of recommendation and other supporting documents to prove that experience in your field.
• If your job has a state licensing requirement, you will need to prove that you have all the qualifications for that licensing.

Tougher Guidelines And Closer Scrutiny Are The New Normal

For right now, these policy changes mean there will be greater scrutiny of new TN visa applications and extensions. They reflect an overall current trend of restricting eligibility through administrative policies rather than laws. 

The most recent updates particularly affect people working in tech (software developers or business analysts, for example) and healthcare roles, as many jobs will no longer qualify.

The new requirement that jobs be with U.S. employers or entities means that jobs offered by foreign companies—even those with operations in the U.S.—may no longer qualify unless a U.S. entity is the actual employer. 

If you are applying for a new TN visa or an extension of a current visa, you’ll need to be sure all your details fit within the new, narrower guidelines. 

At Manifest Law, we can help you navigate these new requirement challenges. We bring clarity and transparency to the process and navigate changing guidelines with up-to-date data and real-world experience with USCIS. (You can read the stories of some of those successful TN visa cases here.)

👉 Want help with your TN visa? At Manifest, we work with skilled professionals from Canada and Mexico to support their TN visa journeys. Request a consultation today.