USCIS Provides New Guidance for TN Visa Classification
USCIS recently issued a Policy Alert, effective immediately, regarding professionals seeking TN nonimmigrant visa classification under the United States-Mexico-Canada Agreement (USMCA). The TN visa category only applies to Canadian and Mexican nationals. The Policy Alert highlights the following:
Clarifies eligibility requirements, including employment, degree, and licensure requirements.
TN employment must now be offered by a U.S.-based employer or entity. Roles with foreign companies operating in the U.S. may not qualify.
TN status is not available for self-employed individuals.
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.
Engineer occupations: the applicant’s academic background must align directly with the engineering role; IT-related positions using this category are likely to be denied.
Computer Systems Analyst occupations: programming may only be incidental; pure programming roles are not permitted.
Economist occupations: only traditional economic analysis roles qualify—marketing and financial analysis positions do not.
This new guidance narrows the parameters in which an applicant may qualify to work in the U.S. in TN status. Contact Vong Law Group if you have questions about your TN application.
