Buda Law Group – July 2025
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please contact us for a personalized consultation.
Earlier this month, we shared a detailed breakdown of USCIS’s June 2025 Policy Alert (PA-2025-05), which formally embedded the TN visa category into the USCIS Policy Manual under the United States-Mexico-Canada Agreement (USMCA). While that alert was framed as a codification of long-standing rules, the weeks since have seen a wave of interpretive tightening-especially for employers and applicants in certain occupations.
This follow-up post addresses recent key July developments, including areas that were not explicitly covered in our previous article, but that now demand special attention.
Clarifications Now Taking Effect: What’s New, and What’s Being Enforced
1. Only U.S.-Based Employers May Sponsor TNs
USCIS has clarified that the TN visa category requires a U.S.-based petitioner. Even if a foreign company has a presence in the U.S. or contracts with U.S. clients, it may not serve as the direct employer. Independent contractors or self-employed individuals are also ineligible.
Takeaway: TN applicants must have a clear employer-employee relationship with a U.S. company. “1099” arrangements, project-based consulting, or foreign contracting models will be flagged.
2. Occupation Definitions Are Narrower Than Before
The June alert already hinted at tighter scrutiny for certain occupations. But since then, USCIS and legal commentators have confirmed more restrictive interpretations now being applied in adjudications. For example:
- Engineer – Must hold a specific degree in engineering. Degrees in IT, physics, or general science no longer qualify.
- Computer Systems Analyst – Must focus on systems analysis; software developers, programmers, and IT support roles are excluded.
- Economist – Must be in a core economist role. Market analysts, financial analysts, and management consultants are not eligible.
- Scientific Technician/Technologist – Must directly support a supervising scientist in a defined field (chemistry, biology, etc.). Patient care, solo work, or research independence are disqualifying.
- Physician – TN does not permit direct patient care, unless incidental to teaching or research. Clinical roles should consider H-1B or other pathways.
Takeaway: Employers must ensure job titles and duties match exact TN occupation definitions, not just general industry usage.
3. Credential Evaluation Requirements Are Stricter
For foreign degrees, USCIS is now requiring formal credential evaluations. Many occupations also do not permit “equivalent experience” in place of a qualifying degree, unless explicitly stated in the USMCA occupational list.
Takeaway: Always include a third-party credentials evaluation when the degree is from outside the U.S., Canada, or Mexico. Avoid relying on experience-only arguments unless the TN category specifically allows it (e.g., Management Consultant).
4. Third-Party Worksites and “Bench” Time Are Risk Factors
USCIS is signaling increased concern over TN roles that place professionals at third-party client sites or that lack day-to-day supervision by the petitioner. Cases suggesting a “bench period” with no active assignment or clear duties may also be denied.
Takeaway: TN filings must include a direct, full-time job offer with well-defined duties under the supervision of the U.S. employer. Supporting documentation should include contracts, organizational charts, and detailed support letters.
5. Filing Location Rules for Canadians Clarified
While Canadians may still apply for TN status at a U.S. port of entry or preclearance airport, USCIS has now restricted acceptable filing locations to:
- Class A ports of entry, or
- Canadian-based CBP preclearance facilities.
Filing from third countries or preclearance sites outside Canada is no longer permitted.
Takeaway: Canadian citizens applying from abroad must plan travel to eligible U.S. entry points or consulates. Do not rely on European or Middle Eastern preclearance locations.
Summary of July 2025 Updates Not Previously Covered
- Employer Type – Must be U.S.-based; no foreign or self-employment sponsors
- Degree Requirements – Must strictly match job; foreign degrees need credential evaluation
- Third-Party Worksites – Not permitted without clear supervision and direct control
- Filing Locations – Canadians must apply at Canada-based ports or POEs only
- Occupation Interpretations – Several roles further narrowed-especially CSA, Engineer, ST/T, Economics
Next Steps for Employers and Applicants
At Buda Law Group, we are actively monitoring how these new interpretations are being enforced by USCIS officers at both service centers and the border. TN applicants and sponsors should work closely with immigration counsel to ensure filings meet current standards-particularly for occupations that may now be subject to narrower definitions.
If you are a Canadian or Mexican professional-or a U.S. business planning to onboard one-we encourage you to schedule a consultation to:
- Pre-screen job descriptions and eligibility
- Strategize documentation (credentials, contracts, organizational control)
- Prepare for evolving enforcement and inspection practices at CBP and USCIS