USCIS Issues Major Update to TN Visa Policy Manual

Quick Hits

• USCIS updated its Policy Manual to require TN employment to be with a U.S. entity, reaffirm the prohibition on self-employment, and clarify that certain foreign employers may no longer qualify.
• The updated policy narrows eligibility for several TN professions—including engineers, economists, and scientific technicians/technologists—emphasizing degree relevance and job duty alignment.
• USCIS clarified TN application procedures, including port-of-entry options and documentation standards for foreign degrees and state licensure.

Clarification of Specific Professions

In the new guidance, USCIS has clarified—and in some cases narrowed—the scope of several TN professions, including:

• Engineer: An engineering degree that is directly related to the position is required. Computer-related roles that lack a true engineering foundation are not eligible. To qualify, the TN beneficiary’s credentials must be in a related engineering specialty.
• Computer Systems Analyst (CSA): The classification excludes positions focused primarily on programming or software development. USCIS notes that a CSA “is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems.” This definition narrows the scope of the qualifying criteria.
• Economist: This category does not include market research analysts, marketing professionals, or financial analysts.
• Scientific Technician/Technologist: TN status is limited to individuals directly supporting a supervising professional in one of ten recognized scientific fields. The work must be managed, coordinated, and reviewed by the supervising professional. Notably, the TN role may not involve patient care or independent work.
• Physician: Direct patient care is prohibited unless incidental to teaching or research.

Clarification of Eligibility

To qualify for TN status, the applicant must be a citizen of Canada or Mexico seeking admission for a temporary period at a professional level, have a valid job offer in a USMCA-listed profession, and meet the profession’s specific educational and licensing requirements as listed in the USMCA. In the Policy Manual’s guidance, USCIS now clarifies that the employer must be a U.S. entity, which may exclude foreign-owned companies—even those with a U.S. presence. Additionally, self-employment is not permitted.

Clarification of Application Procedures

Canadian applicants may apply at any Class A land port of entry, which includes the northern and southern borders or U.S. airports that process international arrivals. The update also restricts applications for Canadians to Customs and Border Protection (CBP) preclearance or preflight stations located within Canada. Pre-flight inspection stations outside of Canada (e.g., Ireland or Caribbean nations) can no longer accept TN applications.

Clarification Regarding Required Documentation

Applicants must establish the following requirements in connection with degree and/or experience requirements for the specific TN professional category in connection with the proposed U.S. role.

Business Activity Requirements	Proof that the applicant will engage in professional-level business activities in one of the USMCA professions Proof of the job duties and daily tasks to be performed by the beneficiary
Degree and Experience Requirements	Professions requiring a professional degree: –Proof that the beneficiary meets the degree –Experience may not be substituted for the degree Professions that list acceptable alternative qualifications or require both a degree and experience: –Proof of alternative qualifications; or –Proof of required degree and experience Foreign degrees (outside the United States, Canada, or Mexico) must be supported by an evaluation from a reliable credential service Work experience must be supported by letters from former employers or, for self-employment, business records
Professional Licensing Requirements	A valid U.S. state license is required if the job duties legally require a license If the TN activity does not involve regulated functions, a U.S. license may not be needed

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and provide updates on the Immigration blog as additional information becomes available.

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