USCIS Issues Updated Policy Guidance Narrowing TN Visa Eligibility Under USMCA

USCIS Issues Updated Policy Guidance Narrowing TN Visa Eligibility Under USMCA

June 4, 2025 – The United States Citizenship and Immigration Services (USCIS) has released updated policy guidance that significantly redefines the eligibility requirements for the TN visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. While presented as a clarification, the guidance represents a substantive narrowing of eligibility across several professional categories. These changes took immediate effect and apply to all petitions filed on or after June 4, 2025.

Key Updates to TN Visa Eligibility

1. Engineers – Stricter Degree Requirements

Applicants seeking TN status under the “Engineer” category must now possess a degree in a recognized engineering discipline. Degrees in fields such as computer science or software development, which are not formally classified as engineering, no longer qualify.

  • Impact: Tech professionals previously relying on this category may now be ineligible unless they hold an accredited engineering degree or license.

2. Economists – Narrowed Occupational Scope

The definition of “Economist” is now more restrictive. Roles that primarily involve financial analysis, marketing, or market research are excluded, even if the job title remains “Economist.”

  • Impact: Positions in finance, data analytics, and consulting may not qualify if they do not involve core economic analysis functions.

3. Computer Systems Analysts – Programmers Excluded

USCIS reaffirms that the TN classification for Computer Systems Analysts is limited to individuals who design and implement user-specific computer systems. Programmers and developers are specifically excluded.

  • Impact: In today’s dynamic tech environment, this exclusion presents challenges for applicants whose responsibilities span development and systems design.

4. Scientific Technician/Technologist (ST/T) – Clinical Roles Not Eligible

New guidance clarifies that individuals involved in patient care, even in supportive roles, are not eligible under the ST/T category.

  • Impact: Professionals such as lab technicians or medical technologists working in clinical environments may be excluded under this classification.

5. Spouses and Dependents – Clarified Eligibility Criteria

The policy update also outlines more detailed documentation and eligibility requirements for spouses and minor children accompanying or following-to-join TN visa holders.

Why This Matters

The TN visa has long provided a streamlined alternative to other U.S. work visas, offering faster processing and no annual caps. However, these policy changes mark a shift toward a more literal and restrictive interpretation of the professional categories outlined in the USMCA.

Key implications include:

  • Job duties and academic credentials must now align precisely with the designated TN occupational category.
  • Vague or hybrid job descriptions could result in processing delays or denials.
  • Employers must be prepared to clearly demonstrate compliance with TN category definitions in all filings.

Guidance for Employers and Applicants

To adapt to these changes, employers and applicants are encouraged to:

  • Review and align job descriptions, offer letters, and employment roles with USCIS’s updated guidance.
  • Ensure that degrees and academic qualifications are directly relevant to the TN occupational category.
  • Seek legal review of all documentation before filing, especially for positions with blended duties.
  • Prepare comprehensive documentation for spouses and dependents to avoid delays in accompanying applications.

How Immigration Fleet Can Help

At Immigration Fleet, we understand that immigration is more than just a legal process—it’s a personal journey. Choosing the right immigration partner can make all the difference. When you work with us, you gain more than legal expertise—you gain a dedicated ally committed to your success.

Whether you’re an employer navigating complex visa categories or a professional seeking to build a life in the U.S., our team is here to guide you every step of the way. We don’t just handle cases—we navigate lives.

Let Immigration Fleet help you turn your vision into reality. If you have questions about the new TN eligibility criteria or need assistance with a petition, our team at Immigration Fleet is ready to support you with strategic advice and tailored solutions.