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Business Immigration Success Stories
We are adding a new "Success Story" section to our weekly newsletter. This paragraph will highlight one example of a successful US or Canadian business immigration matter. We are fortunate to work with some amazing US and Canadian companies as legal support their US/CAN immigration matters.
American/Canadian Success Story
After completing an exhaustive search our client hired a Canadian energy worker to support a US energy project in the Houston area. This Canadian had the required technical background but lacked a formal degree. Focusing on his 20+ years of field experience and with support from the US supervising engineer, we were able to successfully obtain a TN Scientific/Technologist visa for this individual. A win/win for US and CAN operations.
UNITED STATES
TN Visa Updates for June 2025
The U.S. Citizenship and Immigration Services (USCIS) issued significant updates to the TN visa policy under the United States-Mexico-Canada Agreement (USMCA) in June 2025, effective immediately. These changes, detailed in the USCIS Policy Manual, aim to enhance clarity and consistency in adjudications but introduce stricter eligibility criteria, impacting Canadian and Mexican professionals seeking to work in the U.S. Below is a summary of the key updates relevant to businesses and applicants:
Stricter Eligibility Requirements:
Job Duty Alignment: Job duties must precisely match one of the 63 USMCA-listed professions. Job titles alone are insufficient, and vague or misaligned job descriptions may lead to denials. Employers must provide detailed job offer letters clearly demonstrating how the role fits the designated profession.
Degree Relevance: Applicants must hold credentials directly related to the TN profession. For example, engineers require an engineering degree in a recognized discipline, and general tech degrees may no longer qualify.
Specific Professions Affected:
Engineers: Must have a degree in a field related to the engineering job; computer-related roles lacking an engineering foundation are excluded.
Scientific Technicians/Technologists (ST/T): Limited to supporting supervisory professionals in one of ten scientific disciplines, excluding patient care roles.
Computer Systems Analysts: Does not include programmers; only those analyzing and designing systems qualify.
Economists: Excludes market research analysts, marketing specialists, or financial analysts.
Physicians: Patient care is prohibited unless incidental to teaching or research.
Employer Restrictions:
TN employment must be with a U.S. entity, explicitly prohibiting self-employment. Foreign employers may no longer qualify, even with a U.S. presence.
Employers must ensure TN professionals work strictly within approved job parameters. Material changes (e.g., job duties, employer, or location) require a new TN application.
Application Process Clarifications:
Canadians: Can apply for TN status at U.S. ports of entry or preclearance locations with required documentation (e.g., job offer letter, credentials, I-94). They can also file Form I-129 for change of status or extensions within the U.S.
Mexicans: Must obtain a TN visa at a U.S. consulate before seeking entry.
Enhanced Documentation: More rigorous checks require detailed job offer letters, proof of credentials, and, for non-North American degrees, academic evaluations. Fake or incomplete documents risk denials or bans.
TD Dependents: No major changes to TD (spouse and children under 21) rules. Canadian TD dependents apply at the border; Mexican TD dependents require a visa from a U.S. consulate. TD holders cannot work but can study.
Increased Scrutiny: Expect stricter reviews at borders, ports of entry, and consulates, especially for “risky” professions like Management Consultants and Scientific Technicians. Applicants should prepare thorough documentation, including contracts, organizational charts, and expert letters if needed.
Renewals and Extensions: TN status can be extended indefinitely in three-year increments if eligibility is maintained. Renewals can be processed at the border (Canadians), via Form I-129 with USCIS (both nationalities), or at a U.S. consulate (Mexicans). Start the process 60 days before expiration to avoid status gaps.
Future Outlook: With the USMCA review scheduled for 2026, further changes to the TN visa program are possible, especially under the current administration’s “America First Trade Policy,” which may impose stricter compliance or documentation requirements.
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