USCIS Makes Changes To TN Policy Manual: Key Updates For Employers

USCIS has released an update to its Policy Manual, bringing significant changes to regulations on the TN nonimmigrant visa classification and perhaps some employers' practices. For instance, because of changes to the Scientific Technician/Technologist category, employers in the healthcare industry may need to consider other visas for certain roles.

Eligibility

To be eligible for a TN visa, the individual must have Canadian or Mexican citizenship, an offer of employment in a designated USMCA profession, and the qualifications of the profession as specified in the treaty.

The policy update provides:

• The intended employment must be with a "U.S. employer or entity" — which appears to be a departure from prior rules. It is unclear whether the policy intends to limit TN employment to an actual U.S. organization and to exclude a foreign employer operating or doing business in the U.S.