How Employers Can Comply with Updated TN Visa Employment Rules

Key Takeaways

• TN visa allows Canadian and Mexican professionals to work in the U.S. in listed occupations under updated USCIS rules from July 17, 2025.
• Self-employment is prohibited; applicants must have a valid U.S. job offer, proper credentials, and meet specific profession guidelines.
• Application requires proof of citizenship, job offer, educational credentials, and possible state licenses; apply at designated ports or U.S. consulates.

Employers in the United States 🇺🇸 who want to hire Canadian or Mexican professionals often look to the TN visa as a fast and reliable way to bring skilled workers into their teams. The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), allows certain professionals from Canada 🇨🇦 and Mexico 🇲🇽 to work in the United States 🇺🇸 in specific occupations. However, as of July 17, 2025, the U.S. Citizenship and Immigration Services (USCIS) has updated the rules for TN visa employment. These changes affect who qualifies, what documents are needed, and which jobs are allowed. This guide will help employers and professionals quickly figure out if they meet the new requirements, what could disqualify them, and what to do if they are not eligible.

Who Can Qualify for a TN Visa?

To qualify for a TN visa, both the employer and the professional must meet certain requirements. Here’s a clear breakdown of the main criteria:

1. Citizenship Requirement

Yes, you qualify if:
– You are a citizen of Canada 🇨🇦 or Mexico 🇲🇽.

No, you do not qualify if:
– You are a permanent resident (green card holder) of Canada 🇨🇦 or Mexico 🇲🇽, but not a citizen.
– You are a citizen of another country.

Example:
Maria, a Mexican citizen, receives a job offer from a U.S. company as an engineer. She meets the citizenship requirement.
John, a permanent resident of Canada 🇨🇦 but a citizen of the United Kingdom, does not qualify.

2. Job Offer from a U.S.-Based Employer

Yes, you qualify if:
– You have a written job offer from a company or organization based in the United States 🇺🇸.

No, you do not qualify if:
– Your job offer is from a foreign company, even if it has offices in the United States 🇺🇸, unless there is a formal contract or partnership with a U.S. entity.

Example:
A Canadian or Mexican professional offered a job by a U.S.-registered company can apply. If a Canadian company wants to send an employee to its U.S. branch, there must be a clear contract with the U.S. entity.

Important:
The job must be for a position listed in the official TN professions list. You can find this list on the USCIS TN visa page.

3. Self-Employment Is Not Allowed

Yes, you qualify if:
– You are being hired as an employee by a U.S. company and do not own or control the company.

No, you do not qualify if:
– You are the sole or controlling owner of the U.S. company offering you the job.
– You plan to work as an independent contractor or freelancer.

Example:
Carlos, a Canadian citizen, is hired by a U.S. engineering firm. He does not own the company, so he qualifies.
If Carlos owns 100% of the U.S. company and hires himself, this is considered self-employment and is not allowed.

4. Qualifying Profession and Credentials

Yes, you qualify if:
– Your job is on the official TN professions list (such as engineer, accountant, scientist, or teacher).
– You have the required degree or credentials for that profession.
– If your degree is from outside the United States 🇺🇸, Canada 🇨🇦, or Mexico 🇲🇽, you have a professional evaluation showing it is equal to a North American degree.

No, you do not qualify if:
– Your job is not on the TN professions list.
– You do not have the required degree or license.
– Your degree is from another country and you do not have a proper evaluation.

Example:
Ana, a Canadian citizen, is offered a job as a biologist in the United States 🇺🇸. She has a biology degree from a Canadian university, so she qualifies.
If Ana’s degree is from a university in France, she must get it evaluated to prove it is equal to a North American biology degree.

5. State Licensing Requirements

Yes, you qualify if:
– Your profession requires a state license (such as a nurse or teacher), and you have obtained the proper license for the state where you will work.

No, you do not qualify if:
– You do not have the required state license for your profession.

Example:
If you are a Canadian or Mexican nurse hired to work in Texas, you must have a Texas nursing license before you can start.

6. Specific Rules for Certain Professions

The updated TN visa rules have made changes to some professions. Here are the main points:

• Scientific Technicians/Technologists: Only support roles in 10 scientific fields are allowed. Jobs involving patient care are not allowed.
• Engineers: You must have a degree directly related to engineering. Information technology (IT) jobs are not allowed unless the degree and job duties are clearly engineering.
• Computer Systems Analysts: Jobs that are only programming are not allowed. Some programming is allowed if it is not the main duty.
• Economists: Only jobs that focus on economic analysis qualify. Marketing or financial analyst jobs do not qualify.

Example:
A Canadian engineer with a degree in civil engineering can work as a civil engineer in the United States 🇺🇸.
A Canadian with a degree in computer science who is hired as a software developer does not qualify under the engineer or computer systems analyst category.

7. Where to Apply

Yes, you qualify if:
– You apply at a designated Class A port-of-entry, which includes many major airports and land border crossings.
– You follow the correct application process for your country (Canada 🇨🇦 or Mexico 🇲🇽).

No, you do not qualify if:
– You try to apply at a location that is not approved for TN visa processing.

Example:
A Canadian professional can apply for a TN visa at the airport when entering the United States 🇺🇸, as long as it is a designated port-of-entry.

Disqualifying Factors

Even if you meet most requirements, certain factors can disqualify you from getting a TN visa:

• Criminal Record: If you have a criminal history, especially for serious crimes, you may be denied.
• Immigration Violations: Past overstays, visa violations, or deportations can make you ineligible.
• Misrepresentation: Providing false information or fake documents will result in denial and possible bans.
• Not Meeting Updated Job Criteria: If your job duties do not match the updated descriptions for your profession, your application will be denied.

What Documents Are Needed?

To apply for a TN visa, you must gather and present several documents. Here’s what you need:

• Proof of Citizenship: Passport from Canada 🇨🇦 or Mexico 🇲🇽.
• Job Offer Letter: A detailed letter from the U.S. employer describing the job, duties, salary, and how you qualify.
• Educational Credentials: Diplomas, degrees, and transcripts. If your degree is from outside North America, include a professional evaluation.
• Professional Licenses: If your job requires a state license, include proof.
• Work Experience Letters: If you are using work experience instead of a degree, you need detailed letters from past employers.
• Resume/CV: A summary of your education and work history.

Tip:
Double-check that all documents are accurate and up to date. Missing or incorrect paperwork is a common reason for delays or denials.

Step-by-Step Application Process

1. Check Eligibility: Make sure you meet all the requirements listed above.
2. Gather Documents: Collect all the required paperwork.
3. Prepare the Application:
   • Canadians can apply directly at a port-of-entry or pre-flight inspection point.
   • Mexicans must first apply for a TN visa at a U.S. embassy or consulate in Mexico 🇲🇽.
4. Submit the Application:
   • Present your documents to the U.S. Customs and Border Protection (CBP) officer or at the U.S. embassy/consulate.
   • Pay any required fees.
5. Receive Approval: If approved, you will receive TN status and can start work.
6. Maintain Compliance: Follow all TN visa rules during your stay, including working only for the approved employer and in the approved job.

For employers who want to change or extend a TN worker’s status, Form I-129 (Petition for a Nonimmigrant Worker) must be filed. You can find the official form and instructions on the USCIS Form I-129 page.

How to Improve Your Chances of Approval

• Be Honest: Always provide truthful and complete information.
• Match Job Duties to TN List: Make sure the job description matches the official TN professions list and updated rules.
• Get a Professional Credential Evaluation: If your degree is from outside North America, use a recognized evaluation service.
• Obtain State Licenses Early: If your job needs a state license, start the process before applying.
• Consult an Immigration Attorney: For complex cases or if you are unsure, seek professional legal advice.

What If You Are Not Eligible?

If you do not qualify for a TN visa, there are other options to consider:

• H-1B Visa: For specialty occupations, but there is a yearly lottery and more paperwork.
• L-1 Visa: For employees transferring within the same company from abroad to the United States 🇺🇸.
• E-2 Visa: For investors from treaty countries, including Canada 🇨🇦 and Mexico 🇲🇽, who want to start or buy a business in the United States 🇺🇸.
• B-1/B-2 Visa: For short-term business or tourism visits, but not for employment.

Each visa has its own requirements and process. Review the options on the U.S. Department of State’s visa page for more details.

Common Mistakes to Avoid

• Applying for the Wrong Job Category: Make sure the job matches the TN list and updated rules.
• Missing Documents: Double-check that you have all required paperwork.
• Ignoring State Licensing: If your job needs a license, get it before applying.
• Trying to Work as a Freelancer or Business Owner: TN visas do not allow self-employment.
• Not Staying Updated: TN visa rules can change. Always check the latest updates from USCIS.

Employer Responsibilities

Employers must also follow strict rules to stay compliant:

• Offer Real Jobs: The job must be genuine and fit the TN professions list.
• Keep Good Records: Save copies of all documents and correspondence.
• Update Job Descriptions: Make sure they match the latest TN requirements.
• Monitor Employee Status: Only allow TN professionals to work in approved roles and locations.
• Report Changes: If the job changes or ends, notify USCIS as required.

Staying Informed and Getting Help

The U.S. Citizenship and Immigration Services (USCIS) regularly updates its rules and guidance. Employers and professionals should check the USCIS website for the latest information. As reported by VisaVerge.com, staying up to date with these changes is key to avoiding problems and delays.

If you have questions or face a complicated situation, consult an immigration attorney or a trusted immigration advisor. They can help you understand the rules and prepare a strong application.

Key Takeaways

• The TN visa is only for Canadian or Mexican professionals with a job offer from a U.S.-based employer in a listed profession.
• Self-employment is not allowed.
• Updated rules mean stricter checks on job duties, education, and licensing.
• Proper documentation and honest applications are essential.
• If you do not qualify, consider other visa options.
• Employers must keep up with changes and follow all compliance steps.

By following these steps and paying close attention to the updated requirements, both employers and professionals can improve their chances of a smooth and successful TN visa process. For more details, always refer to the official USCIS TN visa page and consult with experts when needed.

Learn Today

TN Visa → A visa for Canadian/Mexican professionals to work temporarily in the U.S. under USMCA agreements.
USCIS → U.S. Citizenship and Immigration Services, the federal agency managing immigration and visa processes.
Professional Credential Evaluation → Assessment verifying foreign educational degrees are equivalent to North American standards.
Port of Entry → Designated location where visa applicants can submit entry requests to U.S. officials.
Form I-129 → USCIS form used by employers to petition for temporary nonimmigrant workers, including TN visa holders.

This Article in a Nutshell

The TN visa enables Canadian and Mexican professionals to work temporarily in U.S. companies under strict rules effective July 2025, ensuring proper credentials and job matches for successful applications.
— By VisaVerge.com