USCIS has issued a notable update to its Policy Manual regarding the TN nonimmigrant visa classification. The update introduces key changes that will directly impact several specific professions and, by extension, some employer practices. The most prominent change is that job categories now require a closer match between the applicant’s qualifications and the job itself.
Let’s look at some of the categories affected by these changes:
Scientific Technician/Technologist (ST/T)
Under the new policy, individuals in this category must work under the direct supervision of a professional in one of ten approved disciplines, none of which includes medicine. This effectively disqualifies ST/T applicants from roles involving patient care – a shift that could impact hiring practices in the healthcare industry, prompting employers to seek alternative visa classifications for such positions.
Physician
Physicians on TN visas may no longer engage in routine patient care unless it is incidental to teaching or research. This limits the types of clinical work allowed under this visa.
Economist
This category now clearly excludes roles such as market research analysts, marketing specialists, and financial analysts, which may require employers to reconsider how they categorize finance and marketing positions.
Computer Systems Analyst
This category now has tighter rules. Some minor programming might still be allowed, but the category explicitly excludes individuals primarily working as programmers.
Engineers
The updated policy emphasizes the need for a qualifying degree in a field directly related to the offered job. The Engineer classification cannot be used for positions primarily focused on computer-related tasks, such as software development or IT analysis, unless the applicant’s background and degree are firmly rooted in traditional engineering disciplines. This change will affect tech companies, who now have to make sure the job and the applicant’s degree align to avoid getting denied.
Additional Changes
In addition to these profession-specific revisions, the new policy also clears up the general rules for who can get a TN visa. Applicants must be citizens of Canada or Mexico, have a job offer in a USMCA-approved profession, and meet all qualifications specified in the treaty. The updated guidance also restricts self-employment under the TN classification. It seems to clarify that employment must be with a U.S.-based entity, potentially excluding foreign employers operating within the U.S. Documentation requirements have also been refined, mandating degree evaluations for foreign-earned academic credentials and proof of licensure where applicable.
While the rules on how long someone can stay and renew their TN visa haven’t changed, employers now need to be more careful. Job descriptions must clearly match the specific TN visa category. If they don’t, especially in fields like healthcare, tech, and finance, there’s a higher risk the visa will be denied. In those cases, employers may have to consider different visa options.
If you’re unsure how these updates affect your hiring or visa strategy, contact us. An experienced immigration attorney can help you plan ahead and avoid issues.
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