🚨 TN Visa Update: USCIS Tightens Rules for Tech Roles under USMCA
On June 4, 2025, USCIS published substantial updates to its Policy Manual governing the TN visa for Canadian and Mexican professionals. While the TN category remains a valuable option, new restrictions significantly impact software engineers, AI specialists, and IT professionals.
Here’s what tech professionals and employers need to know:
Engineers:
USCIS has introduced a stricter 4-part framework that limits TN eligibility to individuals whose degree, job duties, and field of supervision all align with a recognized engineering discipline.
A degree in a non-engineering field (e.g., computer science) will generally not qualify unless the job duties clearly match those of a bona fide engineer (e.g., electrical, mechanical, civil).
Software developers, data scientists, and AI engineers may be denied TNs under this category unless they hold engineering degrees and perform traditional engineering work subject to professional licensing or peer-reviewed supervision.
USCIS officers may refer to the Department of Labor’s Occupational Outlook Handbook to determine if the role truly falls within “engineering.”
Computer Systems Analysts:
This category is still viable but more narrowly interpreted. USCIS now requires:
A primary focus on systems analysis—studying organizational needs and designing systems solutions—not just programming, IT support, or software development.
Evidence of qualifications: either a bachelor’s or licenciatura degree, or a post-secondary diploma/certificate (2 years) plus three years of relevant experience.
Importantly, roles focused on coding, DevOps, or general IT administration will likely be denied under this category.
These changes are especially important for AI professionals, cloud engineers, cybersecurity specialists, and startup tech teams, where roles often blur traditional lines.
USCIS has made it clear: job titles don’t matter—actual duties and academic background do. A "software engineer" with a computer science degree may not qualify under the Engineer category if their work involves software development, not licensed engineering practice.
Employers must now ensure tighter alignment between role descriptions, educational credentials, and TN classification criteria. Mismatches—even if minor—could lead to denials at the service center or at the border.
At Larson Legal, PC, we represent a wide range of tech clients—from AI startups to Fortune 500 companies—navigating TN, H-1B, O-1A, and EB-2 NIW pathways. We can help you structure job descriptions, document eligibility, and make strategic choices based on your field and immigration history.
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