TN nonimmigrant classification under the United States-Mexico-Canada Agreement (USMCA) remains a key temporary-work option for Canadian and Mexican professionals; however, USCIS’s June 4, 2025 policy updates clarify eligibility, documentation, and filing procedures — so employers and applicants should review requirements carefully before filing.
First, USCIS issued a Policy Alert and updated the Policy Manual to consolidate guidance on TN eligibility, petition filing, and change-of-status procedures. Consequently, adjudicators will apply clarified criteria that, in some areas, tighten prior interpretations and, in other areas, standardize evidence expectations across field offices and ports of entry. Therefore, practitioners should update internal checklists, HR processes, and intake forms to reflect the new guidance.
Next, the basic eligibility requirements remain: the applicant must be a citizen of Canada or Mexico, the offered position must be a qualifying USMCA professional occupation, the position must be prearranged (full-time or part-time), and the applicant must possess the education or experience required for the profession. In addition, USCIS clarified proof standards for some professions and explained filing rules for Mexican nationals (who generally require a consular visa to enter) versus Canadian nationals (who can often request TN status at a U.S. port of entry). Update your documentation packets accordingly.
Moreover, because USCIS sought to align adjudicative practice across agencies, employers should expect more consistent scrutiny of job duties, licensing requirements, and evidence that the role truly requires a NAFTA/USMCA professional. Consequently, roles that previously slipped through on flexible job titles may now require stronger job descriptions, licensing verification, or credential evaluation. In short, prepare more robust position descriptions and attach clear supporting documentation at filing.
By Brian D. Lerner — What the June 2025 USCIS policy updates mean for TN (USMCA) professionals, and how employers and applicants should act now.
Quick summary — what changed and what to do
| Change | Effect | Recommended action |
|---|---|---|
| Consolidated Policy Manual guidance (June 4, 2025) | More uniform adjudication; clarified evidentiary expectations. | Use updated filing checklists; train HR and outside counsel on new standards. |
| Stricter job-duty analysis | Fewer permissive job title readings; duties must match profession. | Draft precise position descriptions and include specific tasks that map to the TN profession. |
| Documentation clarifications | More documentary proof required in some categories (degrees, licenses). | Include diplomas, transcripts, professional licenses, credential evaluations, and employer letters that explain task-to-qualification linkage. |
| Filing & change of status rules | Procedures for Canadians vs. Mexicans clarified (consular vs. port of entry; I-129 mechanics for petitions). | Follow USCIS filing paths based on nationality; use I-129 for Mexican petitions when required and advise Canadians about port-of-entry practices. |
TN intake & filing checklist
- Confirm citizenship (Canada or Mexico) and intended entry method (port of entry, consular visa, or change of status).
- Prepare a precise position description showing tasks that require the listed TN profession (map duties to profession language).
- Attach evidence of qualifications: degree, transcripts, licensure, credential evaluation (if foreign degree), and relevant experience letters.
- Include an employer letter explaining job duties, salary, duration, and why the position requires a TN professional.
- For Mexican nationals: prepare Form I-129 petition evidence when required, and advise on consular processing timelines.
- Check for state licensing requirements (healthcare, engineering, teaching) and include verification where necessary.
- Keep contemporaneous job-advertising and recruiting notes if role selection may be questioned later.
Practical example — drafting a winning job letter
For example, when hiring a software engineer under the TN category, do not rely on a generic “engineer” title alone. Instead, specifically list programming languages, systems responsibilities, development lifecycle tasks, and a short explanation tying daily duties to the profession’s education/experience requirement. As a result, adjudicators are more likely to view the position as a qualifying professional role.
Frequently asked questions
Who qualifies for TN status?
The applicant must be a citizen of Canada or Mexico, the position must be a qualifying USMCA (TN) profession, the job must be prearranged, and the applicant must have the required qualifications (degree, license, or experience). See USCIS Policy Manual for specifics.
Can employers file TN petitions year-round?
Yes — TN filings are not subject to an annual cap like the H-1B, but timing depends on whether the applicant requires consular processing (Mexicans) or seeks admission at a port of entry (Canadians). Plan for consular timing and potential administrative processing delays.
Do changes in the Policy Manual mean TN is harder to get?
Not necessarily; rather, the guidance clarifies evidence expectations and standardizes adjudication. Consequently, well-documented petitions remain competitive — but weaker/ambiguous filings are now more likely to receive a request for evidence or denial.