Latest Updates to TN Visa Rules under the United States–Mexico–Canada Agreement (USMCA)
The TN visa classification, established under the USMCA (formerly the North American Free Trade Agreement or NAFTA) for Canadian and Mexican professionals entering the U.S., has undergone important policy updates in 2025. These changes affect eligibility, documentation, and employer-compliance procedures. This article details what has changed, what remains the same, and how employers and professionals can adapt.
What is the TN Visa and How Does USMCA Apply?
The TN nonimmigrant classification allows citizens of Mexico and Canada to work in the U.S. in designated professional occupations, subject to certain requirements. The USMCA preserves the TN category under Chapter 16, Appendix 2. While the foundational structure remains unchanged, recent guidance from the United States Citizenship and Immigration Services (USCIS) has clarified and in some cases tightened the rules.
For companies hiring internationally, especially for professionals with Mexican nationality, leveraging an Employer of Record (EOR) service can help navigate cross-border compliance.
Key 2025 Policy Updates for the TN Visa
H2: Updated USCIS Policy Manual – Effective June 4, 2025
On June 4, 2025, USCIS issued a Policy Alert (PA-2025-05) and incorporated the new guidance into the USCIS Policy Manual under “Volume 2, Part P – USMCA Professionals (TN)”. USCIS+1 The update replaces the earlier Adjudicator’s Field Manual and various internal memos. Ogletree
Key points include:
- Clarification that the employment must be with a U.S. employer or entity (foreign employers no longer qualify under certain circumstances). constangy.com+1
- Reinforced prohibition of self-employment or contractor-only relationships under TN status. VisaVerge+1
- Narrowing of eligibility in certain occupations, including engineers, economists, scientific technicians/technologists. For example, for the “Engineer” classification applicants must now hold a degree in a recognised engineering discipline; jobs labelled as “software engineer” but lacking traditional engineering credentials may be ineligible. immigrationfleet.com+1
- Additional documentation and scrutiny around degree-job alignment: academic credentials must clearly match the occupation’s requirements; mere “related experience” may not suffice. usavisalaw.com+1
- Changes in procedures for extension/change of status filing while in the U.S., and clarifications on dependents (TD status). Buda Law Group+1
H2: Increased Consular & POE (Port-of-Entry) Scrutiny
According to recent reports:
- The U.S. Department of State updated visa interview waiver policies as of September 2, 2025: applicants for TN/TD will no longer qualify automatically for interview waiver in many cases. International
- Consulates in Mexico (Mexico City, Guadalajara, Ciudad Juárez) have reportedly issued increased denials in certain occupational categories (e.g., engineers, technicians) under Section 214(b), especially where job duties or employer relationships are ambiguous. davidsonlawgroup.com
H2: What Has Not Changed
While the 2025 updates bring significant changes, several core elements remain:
- The list of professions eligible under TN (Chapter 16, Appendix 2 of USMCA) remains unchanged as of now. Buda Law Group
- The TN category remains available to citizens of Mexico and Canada only; permanent residents of those countries and nationals of other countries are not eligible. VisaVerge
- The maximum authorized period of stay (up to 3 years, renewable) and the general employer-specific nature of TN remain.
Implications for Employers and Applicants
H3: For Employers
- Update job descriptions and offer letters to exactly align with TN-eligible occupations and ensure the position is with a U.S. entity.
- Review hiring of Mexican or Canadian professionals under TN to confirm the employer-employee relationship is direct (not contractor) and documentation supports the classification.
- Increase scrutiny in technology, engineering, and scientific fields—be prepared for deeper review of credentials and duties.
- If using an EOR service in Mexico for payroll or cross-border hiring, ensure the U.S. entity remains the employer and the foreign EOR role is limited to compliance/administrative tasks.
H3: For Applicants
- Prepare academic credentials + degree evaluation (if the degree is foreign) and ensure they clearly match the occupation.
- Ensure the job offer letter outlines description, duties, salary, location, employer-entity name and shows the U.S. employer.
- If working in ambiguous roles (for example “software engineer” vs “engineer”), consult immigration counsel.
- Be aware of increased interview/waiver scrutiny and ensure readiness for in-person interview at U.S. Consulate.
- Maintain documentation in case of future status changes or entries at the border (I-94 record, job offer, employment verification).
Strategic Considerations & Risk Management
Given the updated policy framework:
- For Mexican professionals relying on TN status, it may be wise to build a contingency plan (for example, evaluating eligibility for H-1B/L-1 or green card) in case eligibility is challenged.
- For roles outside clearly defined TN categories (especially in technology or scientific support), reconsider classification strategy early.
- Monitor the broader context: the USMCA mandates a joint review of the agreement in 2026. Human Resources+1 This review could result in further adjustments to TN or other trade/mobility provisions.
- Use a cross-border compliance partner (EOR or immigration counsel) to stay ahead of regulation changes.
External Reference Documentation
- USCIS Policy Manual, Volume 2, Part P – USMCA Professionals (TN) (USCIS) USCIS+1
- Immigration Policy Tracking Project – USCIS Policy Alert PA-2025-05 Immpolicy Tracking
- DLG Client Alert on TN Visa Processing Update (Mexico) davidsonlawgroup.com
Conclusion
The 2025 updates to the TN visa rules under the USMCA reflect a shift from broad eligibility toward stricter scrutiny — particularly around occupation-fit, employer relationships, and documentation. While the TN remains a powerful tool for Mexican and Canadian professionals, employers and applicants must adapt their practices to the new environment. By aligning documentation, refining job classifications, and employing proactive compliance (including via EOR solutions), it is possible to maintain TN status successfully in this evolving landscape.
If your organization plans to hire TN-eligible professionals or a Mexican candidate is preparing for TN status, contact our cross-border compliance team today at /contact.
