Key Takeaways
A major policy update from U.S. Citizenship and Immigration Services (USCIS) has narrowed eligibility for TN visas under the United States–Mexico–Canada Agreement (USMCA). This new interpretation affects professionals in fields such as engineering, economics, and computer systems analysis—posing new challenges for both U.S. employers and foreign talent.
On June 4, 2025, USCIS issued updated policy guidance redefining who qualifies for the TN visa classification. Although presented as a “clarification,” this update represents a meaningful tightening of standards across several key professional categories. These changes apply immediately to all petitions filed on or after the release date.
What Has Changed for TN Visa Eligibility
Engineers – Narrower Degree Requirements
Applicants under the “Engineer” category must now possess a degree in a recognized engineering discipline. Those with computer science or software development degrees who lack a formal engineering license or engineering-specific degree may no longer qualify. This shift could disqualify many tech professionals who previously relied on this TN category.
Economists – Stricter Role Definitions
The “Economist” category has been reinterpreted to exclude hybrid roles. Positions that primarily involve duties of financial analysts, market research analysts, or marketing specialists no longer qualify—even if the title used is “Economist.” This will impact consulting, data analytics, and financial positions with blended responsibilities.
Computer Systems Analysts – Excluding Programmers
USCIS reaffirmed that programmers are not eligible under the Computer Systems Analyst category. Only professionals who design and implement user-specific data systems qualify. As modern tech roles often overlap, this distinction creates uncertainty for both applicants and employers.
Scientific Technicians/Technologists (ST/T) – No Patient Care
The updated guidance clarifies that any involvement in patient care, even in a support role, makes an applicant ineligible for the ST/T classification. This restriction could affect lab technicians and healthcare technologists whose duties intersect with clinical environments.
Spouses and Children – Updated Accompanying Rules
The new policy also outlines clearer documentation requirements for dependents, including spouses and minor children of TN visa holders, ensuring compliance with “accompanying or following-to-join” regulations.
Why These Changes Matter
The TN visa has long been a vital pathway for U.S. employers to bring in skilled talent from Canada and Mexico, offering a faster, cap-free alternative to H-1B visas. However, USCIS’s stricter interpretation marks a fundamental shift.
Key implications include:
- Job duties and academic credentials must align precisely with TN occupational standards.
- Hybrid or loosely defined job descriptions can now trigger delays or outright denials.
- Employers must demonstrate a clear connection between the offered position and a recognized TN category.
- Legal review of job descriptions, offer letters, and applicant resumes is now critical for compliance.
Our Analysis
While consistency in adjudication can be valuable, this policy’s rigid interpretation does not reflect the interdisciplinary nature of today’s workforce. Modern professionals often blend expertise across economics, software engineering, and data science—fields that the TN framework, designed in the early 1990s, was never intended to separate so strictly.
As USCIS enforces these tighter definitions, qualified professionals may find themselves excluded despite performing vital, high-demand work. This not only impacts individual applicants but also poses long-term challenges for U.S. competitiveness in attracting and retaining North American talent.
How Green Card Link Can Help
At Green Card Link, our immigration attorneys closely monitor every regulatory update impacting cross-border professionals and U.S. employers. We provide comprehensive guidance to ensure every TN visa application is accurate, compliant, and strategically positioned.
Our immigration attorneys can help you:
- Identify the most USCIS-compliant TN category for your role.
- Craft precise petitions and documentation to minimize RFEs or denials.
- Assess alternative visa options when TN eligibility becomes uncertain.
If you’re unsure how this USCIS policy shift affects your company or your individual petition, contact Green Card Link today. Our experienced immigration attorneys will help you navigate these new standards with confidence and ensure your TN visa application stands on solid legal ground.