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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