Keenan Ennis 
On June 4, 2025, USCIS released updated policy guidance that redefines eligibility requirements for the TN visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. While the update is framed as a clarification, it represents a meaningful narrowing of who qualifies under specific professional categories—changes that took effect immediately and apply to all petitions filed on or after the publication date.
What Has Changed For TN Eligibility?
- Engineers – No More Room for General Tech Degrees USCIS now requires TN applicants classified as “Engineers” to hold credentials in a recognized engineering discipline. Computer science graduates or software developers without a formal engineering license or degree in a bona fide engineering field may no longer qualify. This will likely impact many tech professionals who previously relied on the Engineer TN category.
- Economists – Clearer, Stricter Line Drawing Economist positions are now more narrowly defined. The guidance states that roles primarily involving duties of financial analysts, market research analysts, or marketing specialists do not qualify under the Economist category-even if the job title is “economist.” This may disqualify roles in consulting, data analytics, and finance where responsibilities are blended.
- Computer Systems Analysts – Programmers Need Not Apply USCIS has reiterated that “programmers” do not fall under the TN Computer Systems Analyst category. Only those who design and implement user-specific data systems are eligible. In today's tech ecosystem, where roles often overlap, this distinction may present challenges for both applicants and employers.
- Scientific Technician/Technologist (ST/T) – No Patient Care The updated guidance clarifies that individuals engaged in patient care, even in supporting roles, are not eligible for the ST/T classification. This could exclude lab technicians or healthcare technologists whose work touches clinical settings.
- Spouses and Children – Accompanying or Following-to-Join Rules Clarified The guidance also includes details about dependents, emphasizing the documentation and eligibility requirements for spouses and minor children of TN visa holders.
Why This Matters
The TN visa has long been a critical tool for U.S. employers to bring in skilled Canadian and Mexican professionals with relative ease. It offered a streamlined process compared to H-1B, without caps or lottery-based barriers. However, these new interpretations signal a shift. USCIS is clearly moving toward a stricter, more literal reading of occupational eligibility.
That means:
- Job duties and degrees must now align precisely.
- Vague or hybrid job descriptions could result in delays or denials.
- Employers must be ready to demonstrate how the offered position fits squarely within a recognized TN category.
- Legal review of job descriptions, offer letters, and resumes is more important than ever.
Our Perspective
While consistency in adjudication is important, the new policy introduces a level of rigidity that may not reflect the reality of today’s interdisciplinary workforce. Professionals often straddle roles across economics, data science, software development, and engineering. The TN framework-designed in the early 1990s-was not built for these blurred lines. As USCIS tightens definitions, qualified professionals could find themselves caught between what their degrees say, what their employers need, and what USCIS is willing to recognize. That’s a concern-not just for visa applicants, but for the U.S. economy, which depends on agile, high-skilled talent from across North America.
How VisaNation Law Group Can Help
Our team stays ahead of regulatory shifts like these. We help employers and professionals
- Accurately position TN roles within USCIS-compliant occupational frameworks
- Draft precise, well-supported petitions that reduce the risk of RFEs and denials
- Evaluate alternate visa classifications when TN may no longer be viable
If you are unsure how this update affects your workforce or upcoming petition, we’re here to guide you-strategically, confidently, and efficiently. Contact us to schedule a consultation and ensure your TN filings are compliant under the new standards.