United States | Updated TN visa guidance clarifies classification and criteria for specific occupations

U.S. Citizenship and Immigration Services (USCIS) released an alert on updated policy guidance for the TN visa program under the United States-Mexico-Canada Agreement (USMCA) clarifying eligibility, filing procedures and occupational criteria for Canadian and Mexican professionals seeking employment in the United States.

Key Points:

• The policy updates are effective immediately, superseding all previous TN-related guidance found in the Adjudicator’s Field Manual and related memoranda. It applies to petitions and applications filed on or after June 4.
• The updated guidance outlines the specific criteria that Canadian and Mexican citizens must meet to qualify for TN visa status which includes having prearranged professional-level work in the U.S. and possessing the necessary qualifications of the profession (often a bachelor’s degree or relevant licensure).
• Included among the updates are:
  • Guidance for specific professions like engineers, economists, physicians, scientific technicians/technologists and other occupations
  • Guidance for the spouses and unmarried minor children of TN visa holders, outlining their eligibility to accompany or follow to join the principal nonimmigrant

Additional Information: The TN visa classification, originally established under the North American Free Trade Agreement (NAFTA) in 1994, facilitates cross-border employment for qualified Canadian and Mexican professionals in the United States. Employers are encouraged to review the new chapters (1–6) in Volume 2, Part P of the USCIS Policy Manual to ensure compliance with the latest standards.

This alert has been provided by the BAL U.S. Practice Group.

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