On June 4, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, petitions for classification, and change of status relating to the TN (or Treaty NAFTA) nonimmigrant visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA).

Specifically, the guidance:

• Explains USCIS’ role in adjudicating petitions for TN nonimmigrant status, and applications to extend or change nonimmigrant status to TN nonimmigrant;
• Clarifies eligibility requirements, including employment, degree, and licensure requirements;
• Provides guidance for specific occupations, such as Engineer and Economist;
• Provides general guidance for the Scientific Technician/Technologist (ST/T) occupation and clarifies that individuals providing patient care do not qualify for the TN ST/T; and
• Provides guidance relating to the spouse and unmarried minor children who are accompanying or following to join a TN nonimmigrant.

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.

In addition, 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            

• 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:

• Foreign degrees (outside the United States, Canada, or Mexico) must be supported by an evaluation from a reliable credential service

Work Experience:

• 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

Further, the employment requirements were also updated.  To qualify for TN status now, 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 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.

Finally, 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.

For further guidance, contact legal counsel. 

Source: National Law Review 7/2/25, Holland & Hart 7/3/25, Ogletree 7/7/25