USCIS TN Policy Manual Changes

United States Citizenship and Immigration Services (USCIS) released updates to its Policy Manual regarding TN nonimmigrant status. These changes clarify and narrow the eligibility requirements, documentation requirements, and application processes, as well as the classifications of several TN professions. These updates are effective immediately and apply to both new TN applicants and current visa holders during renewal processes.

The TN professional classification is a category within the United States-Mexico Canada Agreement (USMCA) which allows Canadian and Mexican citizens to seek temporary entry into the United States “to engage in business activity at a professional level” within one of 63 professional categories listed in the USMCA.

Eligibility

As before, applicants for TN status must be a citizen of Canada or Mexico seeking temporary admission into the U.S. for professional-level business engagements. The proposed stay must have a reasonable and finite end with no intention of establishing permanent residence. Canadian and Mexican nationals may apply for the TN visa in three-year increments with no limit on the number of extensions, but employment and the duration of stay in the U.S. must remain temporary.

Applicants must show a valid job offer in a USMCA profession and confirmation of the employer or entity’s name. The Policy Manual now clarifies that the employer must be a U.S. employer or entity. This excludes foreign-owned companies with a U.S. presence and prohibits self employment, non exhaustively constituted by whether the beneficiary has established the enterprise, has sole or primary control or ownership of the enterprise, or is the sole or primary recipient of the enterprise’s income.

Documentation

Canadian and Mexican citizens applying for TN status must prove that they will engage in business activities at a professional level in a USMCA-listed profession. They must provide documentation that describes the job duties and daily tasks they will perform for the US employer or entity.

Education

Applicants must meet the educational and licensing requirements for the profession as described in the USMCA. Many professions require a baccalaureate or licenciatura degree. Experience may not be substituted for a professional degree unless listed by the specific profession as an acceptable alternative qualification. Foreign degrees received from an educational institution outside the United States, Canada, or Mexico must be supported by an equivalency evaluation from a reliable credential service.

Proof of experience, when applicable, must be supported by letters from former employers. If the applicant was previously self-employed, they must show proof of experience with business records. Curriculum vitae and resumes are not accepted as proof of experience.

Licensing

A US state license is required for job duties that require a license. Applicants must meet the license requirements of the U.S. state in which they intend to practice their profession. In some cases, a state may require licensing for some but not all duties within a profession. A TN nonimmigrant does not need a license to engage in activities within the profession that do not require licensing. Additionally, “USMCA allows for temporary entry to perform training functions relating to any of the cited occupations or professions,” but the training must occur as a prearranged professional level activity performed for a U.S. entity.

Application

The updated policy provides more details on how to apply for a TN visa, depending on whether the applicant is a Canadian or Mexican national.

Canadian citizens may file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS to request initial TN status, an extension of TN status, or a change of status to TN from another valid nonimmigrant status; however, they usually do not need a TN visa. They may file a TN petition whether they are already physically in the U.S. or not. Mexican citizens, in contrast, must file a Petition for Nonimmigrant Worker with USCIS to request an extension of TN status or a change of status to TN from another valid nonimmigrant status and may only file a TN petition with USCIS if they are already physically in the U.S.

Canadian citizens may apply at any Class A land port of entry (designated port of entry for all travelers) including both the Northern and Southern borders or at any U.S. airport that processes international arrivals. The policy restricts Canadian applicants to U.S. Customs and Border Protection (CBP) preclearance and preflight stations only within Canada, as opposed to those outside of Canada. They may also apply at a US embassy or qualified consulate.

Mexican citizens may not apply at the border and must apply at a U.S. Embassy or consulate.

As before, Canadian and Mexican nationals can apply for a change of status to TN from another valid nonimmigrant status or an extension of stay through USCIS from within the U.S. Employers must submit necessary I-129 forms and documentation for the professional category.

Professions

Changes in professional categories prioritize degree relevance and job-duty alignment. Primarily, the new policy clarifies educational requirements for many professions and narrows the scope of criteria.

Notable changes include:

Engineer: must have an engineering degree directly related to the profession. Computer-related roles are not eligible unless with credentials as a computer or software engineer

Computer Systems Analyst (CSA): excludes programming and software development positions unless programming is incidental to, but not the primary function of, the role

Economist: excludes market research analysts, marketing professionals, and financial analysts

Scientific Technician/Technologist: must directly support a supervising professional in one of ten recognized scientific fields and must possess theoretical knowledge of the field and the ability to either solve practical problems or apply the principles of the discipline to research. Excludes patient care, as medicine is not an included field.

Physician (teaching and research only): may not engage in direct patient care unless incidental to teaching or research

Impact

TN eligibility is more limited in certain roles, meaning applicants may be more likely to face denial. Employers should reevaluate their sponsorship plans and ensure job descriptions and qualifications comply with the new standards.