Recent USCIS Policy Updates Affecting TN Visa Eligibility and Procedures

Key Takeaways

• USCIS updated TN visa rules in July 2025, clarifying employer and application requirements under USMCA.
• Canadian applicants apply at U.S. ports of entry; Mexicans must apply at U.S. consulates in Mexico.
• TN visa employment must be with a U.S. entity; self-employment is prohibited under new policy.

The U.S. Citizenship and Immigration Services (USCIS) has introduced important updates to its Policy Manual as of July 2025, directly affecting TN visa eligibility and application procedures for Canadian and Mexican nationals. These changes are designed to clarify employer requirements, application steps, and documentation standards under the United States-Mexico-Canada Agreement (USMCA). This update provides a clear summary of what has changed, who is affected, the effective dates, required actions, and the implications for both new and pending TN visa applications.

Summary of What Changed

USCIS has revised its guidance on TN visa eligibility and application procedures, focusing on several key areas:

• Employer Requirements: TN employment must now be with a U.S. entity. This means that even if a foreign-owned company has a U.S. branch, it may not qualify unless the employment relationship is directly with the U.S. entity. Self-employment is not allowed under any circumstances.
• Application Procedures: The process for applying for TN status differs for Canadian and Mexican citizens. Canadians can apply at U.S. ports of entry or pre-clearance stations in Canada. Mexicans must apply for a TN visa at a U.S. consulate before entering the United States 🇺🇸.
• Eligibility Criteria: Applicants must have a job offer in a profession listed under the USMCA and meet all educational and licensing requirements for that profession.
• Material Changes: Any significant change in employment—such as switching employers or changing job duties—requires a new TN application.
• Documentation Requirements: Applicants must provide proof of their degree and relevant work experience. If the degree is from outside the United States 🇺🇸, it must be evaluated by a recognized credential service.
• Duration and Renewal: TN visas can be granted for up to three years at a time, with no limit on the number of extensions, as long as the stay remains temporary.

Who Is Affected

These updates impact several groups:

• Canadian and Mexican Nationals: Anyone from Canada 🇨🇦 or Mexico 🇲🇽 seeking to work in the United States 🇺🇸 under the TN visa category must follow the updated rules.
• U.S. Employers: Companies hiring TN professionals must ensure compliance with the new employer requirements and be prepared for stricter documentation and oversight.
• Current TN Visa Holders: Individuals already in the United States 🇺🇸 on a TN visa must be aware of the new rules regarding material changes in employment and renewal procedures.
• Prospective Applicants: Anyone planning to apply for a TN visa must meet the updated eligibility and documentation standards.

Effective Dates

The changes to the USCIS Policy Manual took effect in July 2025. All new TN visa applications and renewals filed after this date must comply with the updated requirements. Pending applications submitted before July 2025 will be reviewed under the previous guidelines, but any material change or renewal after this date will fall under the new policy.

Required Actions

To comply with the new USCIS updates, applicants and employers should take the following steps:

For Employers

• Verify U.S. Entity Status: Ensure that the job offer is from a U.S. entity and not a foreign-owned company without a direct U.S. employment relationship.
• Monitor Job Duties: Keep detailed records of TN employees’ job duties. Any change in job role or responsibilities may require a new TN application.
• Prepare Documentation: Collect and maintain all required documentation, including proof of the employee’s degree, work experience, and any necessary licenses.
• Communicate Changes Promptly: Notify employees of any changes in their employment that could affect their TN status.

For Applicants

• Check Eligibility: Confirm that your job offer is in a USMCA-listed profession and that you meet all educational and licensing requirements.
• Gather Documentation: Prepare original or certified copies of your degree, transcripts, and proof of relevant work experience. If your degree is from outside the United States 🇺🇸, obtain a credential evaluation from a recognized service.
• Follow the Correct Application Process:
  • Canadian Citizens: Apply for TN status at a U.S. port of entry, an airport with international flights, or a pre-clearance station in Canada 🇨🇦.
  • Mexican Citizens: Apply for a TN visa at a U.S. consulate in Mexico 🇲🇽 before traveling to the United States 🇺🇸.
• Report Material Changes: If you change employers or job duties, submit a new TN application before starting the new role.
• Plan for Renewals: Track your visa expiration date and apply for renewal in advance, ensuring you continue to meet all requirements.

Implications for Pending Applications

If you submitted a TN visa application before July 2025, your case will be reviewed under the previous rules. However, if you need to renew your TN status or if your job situation changes after July 2025, you must follow the new guidelines. This means you may need to provide additional documentation or reapply if your employment circumstances change.

Detailed Breakdown of Key Updates

Employer Requirements

The updated USCIS policy makes it clear that TN employment must be with a U.S. entity. This is a significant change, as it may exclude some foreign-owned companies, even if they have a presence in the United States 🇺🇸. The policy also states that self-employment is not allowed. This means you cannot use the TN visa to start your own business or work as an independent contractor.

What this means for employers:

• Only U.S. companies can sponsor TN employees.
• The job offer must be for a position within the U.S. entity, not a foreign parent or affiliate.
• Employers must be prepared to show proof of the employment relationship and the need for a professional in a USMCA-listed occupation.

Application Procedures

The application process depends on your nationality:

• Canadian Citizens: You can apply for TN status at a U.S. port of entry, such as a land border crossing or an airport with international flights. You can also apply at pre-clearance stations in Canada 🇨🇦. You do not need to apply at a U.S. consulate.
• Mexican Citizens: You must apply for a TN visa at a U.S. consulate in Mexico 🇲🇽 before traveling to the United States 🇺🇸. You cannot apply at the border or at a port of entry.

This distinction is important because it affects how quickly you can start working in the United States 🇺🇸 and what documents you need to prepare.

Eligibility Criteria

To qualify for a TN visa, you must:

• Have a job offer in a profession listed under the USMCA. The list includes jobs like engineers, scientists, teachers, accountants, and many others.
• Meet the educational and licensing requirements for your profession. For example, if the job requires a bachelor’s degree, you must have that degree or its equivalent.
• Show that the job actually requires a professional with your qualifications.

If you do not meet these requirements, your application will be denied.

Material Changes

A material change means any significant change in your employment, such as:

• Switching to a new employer
• Changing your job duties or position
• Moving to a different work location (if it changes the nature of your job)

If any of these changes happen, you must file a new TN application. You cannot simply update your existing status.

Documentation Requirements

You must provide:

• Proof of Degree: Original or certified copies of your diploma and transcripts.
• Proof of Experience: Letters from previous employers or other documents showing your work history.
• Credential Evaluation: If your degree is from outside the United States 🇺🇸, you need an evaluation from a recognized credential service. This shows that your education is equal to a U.S. degree.
• Licenses: If your profession requires a license (for example, teaching or healthcare), you must provide proof that you have it.

Duration and Renewal

• Initial Period: TN visas are granted for up to three years.
• Extensions: There is no limit on the number of extensions, as long as your stay is temporary and you continue to meet all requirements.
• Renewal Process: You must apply for renewal before your current TN status expires. This can be done by leaving the United States 🇺🇸 and reapplying at a port of entry (for Canadians) or by filing Form I-129, Petition for a Nonimmigrant Worker, with USCIS. You can find the official Form I-129 here.

Practical Implications for Stakeholders

For Employers

Employers must be more careful when hiring TN professionals. They need to:

• Make sure the job offer is for a USMCA-listed profession.
• Check that the candidate meets all educational and licensing requirements.
• Keep detailed records of job duties and any changes in employment.
• Be ready to file new applications if the employee’s role changes.

These steps are especially important in fields like healthcare and technology, where job roles can change quickly and some positions may not qualify under the TN category. As reported by VisaVerge.com, these changes could make it harder for employers in these sectors to fill certain jobs with TN professionals.

For Applicants

Applicants should:

• Double-check that their job offer matches a USMCA-listed profession.
• Collect all required documents before applying.
• Be aware of the different application processes for Canadians and Mexicans.
• Plan ahead for renewals and any changes in employment.

If you are unsure about your eligibility or the application process, it is a good idea to consult with an immigration attorney or a trusted advisor.

Implications for Pending Applications

If you applied before July 2025, your application will be reviewed under the old rules. However, if you need to renew your TN status or if your job changes after July 2025, you must follow the new rules. This could mean providing more documentation or reapplying if your job situation changes.

Official Resources and Next Steps

For the most up-to-date information, visit the USCIS TN Visa page for detailed guidance on TN visa applications and requirements. You can also check the Customs and Border Protection (CBP) website for information about applying at ports of entry.

If you have specific questions, you can contact USCIS through their official website or call their customer service number. For questions about applying at ports of entry, visit the CBP website or contact their customer service.

Actionable Takeaways

• Employers: Review your hiring practices to ensure compliance with the new TN visa rules. Prepare for stricter documentation and be ready to file new applications for any material changes in employment.
• Applicants: Make sure you meet all eligibility requirements and have the necessary documents. Follow the correct application process based on your nationality and be prepared for renewals or changes in your job.
• Pending Applicants: If your application was filed before July 2025, monitor your case closely and be ready to comply with the new rules for any future changes or renewals.

By staying informed and prepared, both employers and applicants can successfully manage the updated TN visa process and continue to benefit from the opportunities provided by the United States-Mexico-Canada Agreement.

Learn Today

USCIS → U.S. Citizenship and Immigration Services, the agency managing immigration benefits and visa policies in the U.S.
TN Visa → Temporary work visa under the USMCA for Canadian and Mexican professionals working in specific occupations in the U.S.
USMCA → United States-Mexico-Canada Agreement, a trade agreement including provisions for professional temporary work visas like the TN visa.
Credential Evaluation → The process of verifying a foreign degree’s equivalence to a U.S. educational standard by a recognized service.
Material Change → A significant employment change, such as employer or job duties switch, requiring a new TN visa application.

This Article in a Nutshell

In July 2025, USCIS revised TN visa policies, impacting Canadian and Mexican applicants. New employer rules ban self-employment, require U.S. entity employment, and different application routes depend on nationality under USMCA regulations.
— By VisaVerge.com