In June 2025, USCIS released updates to its Policy Manual, bringing significant changes to the TN visa classification. Employers must ensure that employees on TN visas work within the scope of approved employment parameters. The new rules apply to all TN applications filed from June 2025 onward.
General TN Visa Changes and Updates
Self-employment no longer qualifies for TN classification. If an individual is employed by a corporation or entity for which they are the sole or controlling shareholder or owner, that will be considered self-employment and will not be permitted under the TN visa classification.
The intended employment must be with a U.S. employer or entity. This change excludes foreign employers operating or doing business in the U.S. from sponsoring TN employees. There must be a formal arrangement in place, either through an employer-employee relationship with a U.S. entity or through a signed contract between the individual’s employer and the U.S. entity.
If the TN visa category requires a bachelor’s degree, the individual must hold the appropriate degree. If the required degree was earned outside of the U.S., Canada, or Mexico, and academic equivalency evaluation must be submitted. Experience cannot be substituted for any part of the educational requirement.
If the profession allows or requires experience in addition to the degree or alternate to the degree, letters from prior employers confirming experience must be provided. Resumes or CVs alone will no longer be accepted.
The applicant must meet any licensing requirements that apply to the profession in the state where they will work if they engage in activities that legally require a license.
Individuals will now be permitted to enter the U.S. in TN status through any Class A port-of-entry with a U.S. Customs and Border Protection post accepting international flights. Canadians seeking to apply at the border will now be permitted to do so only at pre-flight inspection stations located in Canada. Mexicans must apply at a U.S. consulate before entering and may not apply at the border.
Profession Specific Changes
Scientific Technician/Technologist TN Visa
The individual must work in direct support of a supervisory professional in one of the 10 listed disciplines. The category is inapplicable for individuals who will work in medicine or patient care by assisting a physician. Lab-based or research support may qualify under this category if directly tied to the listed scientific disciplines.
Additionally, hands-on trades like mechanics, electricians, and welders, even when supporting engineers, will no longer qualify for this category.
Physician TN Visa
The individual may only engage in patient care that is incidental to teaching or research. The core part of the role must be teaching and research. Clinical roles, patient diagnosis or treatment, and any position where patient care is more than incidental is otherwise disqualified for this category.
Management Consultant TN Visa
Individuals in this category may only fill “irregular or non-routine temporary positions,” even if they are salaried employees of a U.S. entity. If the U.S. employer is a management consulting firm, the individual will be admitted to temporarily fill an otherwise permanent position.
Computer Systems Analyst TN Visa
Programmers are not included in this category, but incidental programming activities may be performed. The job duties must focus on systems analysis rather than software development or programming.
Economist TN Visa
Market research analysts, marketing specialists, and financial analysts are excluded from the category. The position must focus on traditional economic analysis and the individual must hold a degree in economics or a closely related field. If the duties reflect another profession, but the job title is “Economist,” the applicant will still likely be denied.
Engineer TN Visa
Individuals must have a qualifying engineering degree in a field related to the engineering job offered.
The category should no longer be used to fill a primarily computer-related position unless the applicant’s background is truly in engineering. Companies in the technology sector may no longer use this category for roles such as software developers or IT analysts if the individual is not truly an engineer-by-training.
A four-part test will be used to determine if the position qualifies for a TN visa under the Engineer category:
- The applicant must hold a bachelor’s degree or licenciatura degree in the engineering field related to the position;
- The duties must align with the engineering tasks per the Occupational Outlook Handbook;
- The title and actual job duties must reflect true engineering work; and
- Computer or IT roles are generally excluded unless the degree and tasks as engineering-specific.
A Software Engineer may still qualify if the position involves high-level engineering duties and the applicant has the appropriate academic background in engineering rather than computer science.
Medical Laboratory Technologist TN Visa
To qualify under this category, an individual must:
- Perform scientific lab testing rather than direct patient care;
- Have a valid Health Care Worker Certification; and
- Be engaged in diagnostic or treatment-related lab analysis.
Radiologic technologists, sonographers, and any technician assisting physicians in patient-facing settings will no longer qualify. Individuals performing laboratory-based work are eligible for this category.
TD Dependent Updates
The 2025 Policy Manual updates reaffirm that TD dependents (spouses and unmarried children under 21 of TN visa holders) must follow specific rules. TD dependents can be of any nationality.
TD dependents are not permitted to work in the U.S. However, they may study full-time without changing to F-1 student status.
Employer Compliance
The Policy Manual updates may create new compliance challenges for employers. It’s important that Employers ensure their TN professionals work strictly within the scope of the approved employment parameters and that job descriptions match the permitted TN categories. Support letters must be more detailed, clearly demonstrating how the role fits within the specific TN category. Employees may need to change to another status if they no longer qualify for a TN category. Finally, Employers in the healthcare industry may need to consider visa alternatives for certain previously approved TN roles.
Employers are encouraged to consult with a TN visa attorney to ensure compliance with the changes.
TN Visa Guidance
While the updated aimed to minimize inconsistent decisions and provide more transparency, many professionals may now find it harder to qualify under certain TN visa categories. To obtain case specific guidance or an assessment of your previously approved case, please contact our TN Visa Attorney in Reading, PA today.
