U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, petitions for classification, and change of status relating to the “TN” nonimmigrant visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA).
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies to petitions and applications filed on or after the publication date of June 4, 2025. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.
Notable Policy Highlights
- Provides guidance for specific occupations, such as Engineer and Economist.
- Engineer: It specifically states, “An engineer may not fill computer-related jobs unless he or she has credentials as a computer or software engineer in a bona fide engineering specialty offering full engineering credentials, such as professional engineering licenses.” We expect this to impact TN visa applicants with computer science degrees who are applying for admission under the Engineer TN occupation.
- Economist: It specifically states that “for purposes of the TN classification, the profession of economist does not include positions where the duties are primarily the activity of other occupations, such as those performed by financial analysts, market research analysts, and marketing specialists.”
- Computer Systems Analyst: It specifically states that “this category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems.”
- Further the policy guidance explains:
- USCIS’ role in adjudicating petitions for TN nonimmigrant status, and applications to extend or change nonimmigrant status to TN nonimmigrant.
- Clarifies eligibility requirements, including employment, degree, and licensure requirements.
- Provides general guidance for the Scientific Technician/Technologist (ST/T) occupation and clarifies that individuals providing patient care do not qualify for the TN ST/T.
- Provides guidance relating to the spouse and unmarried minor children who are accompanying or following to join a TN nonimmigrant.
Erickson Insights and Analysis
The policy manual guidance clarifies and in some ways narrows the scope of applicable job-related duties. These changes are effective immediately. Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.