What the Latest USCIS Policy Updates Mean for TN Visa Holders in 2025

Professionals from Canada and Mexico working in the United States under the TN nonimmigrant classification should pay close attention to recent policy updates from U.S. Citizenship and Immigration Services (USCIS). These updates affect eligibility rules, employer relationships, and documentation requirements—and are already reshaping how officers evaluate TN petitions.

At Sharma Law Associates, LLC, our New York immigration attorneys help TN visa holders and their employers navigate these evolving standards, ensuring compliance and stability under the 2025 policy guidance.

What Changed in 2025?

In mid-2025, USCIS issued major revisions to its Policy Manual for TN professionals under the United States-Mexico-Canada Agreement (USMCA). These changes clarify who qualifies for TN classification and what documentation must accompany each petition.

Key updates include:

· U.S.-Based Employment Requirement: TN applicants must now show a direct employer-employee relationship with a U.S.-based company. Self-employed arrangements and foreign company sponsorships no longer qualify.

· Refined Job Definitions: Several TN categories, including engineers, economists, and scientific technicians, now have narrower definitions. Applicants must clearly demonstrate that their job duties align with a qualifying TN profession.

· Education and Credentials: Foreign academic degrees must be supported by professional credential evaluations. Experience alone cannot replace a degree when the category requires one.

· Filing Location Clarifications: For Canadians, USCIS has limited acceptable filing locations to specific U.S. ports of entry, pre-clearance stations, and service centers.

· Third-Party Worksite Restrictions: Contracts that resemble staffing or bench arrangements may now result in denials if they obscure who the actual U.S. employer is.

These changes, taken together, tighten eligibility and documentation standards for both applicants and sponsoring companies.

Why These Changes Matter for TN Visa Holders and Employers

The employer must now demonstrate precise control over the worker’s duties, supervision, and payment. Independent contractor agreements or remote arrangements through foreign entities may no longer meet TN requirements.

Officers will closely review whether job duties match the listed TN profession. For example, software developers can no longer qualify under “Engineer” category as it is not meant for Software Engineers. Financial Analyst/Market Research Analyst roles will not be able to use “Economist” Occupation.

Applicants relying on foreign degrees must submit verified credential evaluations to confirm equivalency to a U.S. bachelor’s or higher degree. Supporting materials such as transcripts, course descriptions, and professional licenses are now more critical than ever.

Anyone extending or amending TN status must ensure continued compliance with the new definitions. Even long-standing TN holders should re-evaluate their eligibility before renewing, especially if their job duties or employers have changed since their last approval.

What Should You Do Now?

Proactive preparation can prevent complications under the updated policy.

TN professionals and employers should:

· Review job descriptions and ensure they fit precisely within recognized TN categories.

· Confirm that the U.S. entity, not a foreign affiliate, is the direct employer.

· Obtain official credential evaluations for all foreign degrees.

· Maintain organized documentation showing salary, supervision, and worksite information.

· Consult an experienced immigration attorney before filing a new application, extension, or amendment.

Our New York immigration lawyers help clients assess eligibility, prepare compliant filings, and address any requests for additional evidence under the new TN framework.

Talk With a New York TN Visa Attorney Today

Because USCIS is now applying stricter TN standards, professional guidance is essential. At Sharma Law Associates, LLC, we help Canadian and Mexican professionals protect their careers and employers safeguard their compliance under the evolving TN regulations.

Call us today at 6463743480, contact us online, or schedule a personalized consultation on our calendar with a trusted New York immigration attorney to review your TN visa strategy in light of the 2025 policy updates and potential changes coming in 2026.