Big Shift in TN Visa Policy: Experience No Longer Equals a Degree & Occupation Standards Tighten

Published: July 2025

On June 4, 2025, USCIS released a significant policy update titled “Professionals under the United States-Mexico-Canada Agreement (USMCA)” (PA-2025-05), formalizing and tightening standards for TN visa adjudications. While the memo codifies existing USMCA procedures into the USCIS Policy Manual (Volume 2, Part P), it also introduces substantive changes that affect eligibility for several professions — and one change in particular stands out:

Work experience can no longer be used as a substitute for a bachelor’s degree for TN classification.

This change, along with clarified standards for various TN occupations, signals a stricter adjudication environment — one that will have ripple effects for Canadian and Mexican professionals, as well as their U.S. employers.

🎓 Experience ≠ Education: A Fundamental Shift in TN Adjudication
Perhaps the most impactful change is that years of professional experience will no longer be accepted as an equivalent to a degree for TN visa purposes.

Prior Practice:
Under the previous NAFTA guidance (via the legacy Adjudicator’s Field Manual), officers would sometimes accept “three years of experience = one year of college” to approximate a degree.
This was especially helpful in fields like management consulting, scientific technician/technologist, or engineering technologist where practical experience was abundant but degrees were sometimes lacking.

Current Rule:
USCIS now states unequivocally that experience cannot substitute for the degree requirement unless the USMCA job category itself explicitly allows for alternatives (e.g., licensure or post-secondary diploma with experience — as in the case of some technologist roles).
If a TN occupation requires a bachelor’s degree, then only a verifiable degree will satisfy that threshold.
Key Takeaway: Individuals without the required degree — even if they have decades of experience — are no longer eligible under most TN categories.

🛠️ Occupation-Specific Clarifications: More Precision, Less Flexibility
In addition to the new education standard, USCIS issued detailed guidance on multiple TN professions, closing loopholes and narrowing eligibility in ways that affect both employees and employers:

1. Engineer
Clarification: A job title alone is not enough. USCIS now requires that job duties and degree field align with a recognized engineering discipline.
Impact: Broad tech roles or “systems engineers” with business degrees will likely face denials unless they clearly tie into traditional engineering functions.

2. Economist
Clarification: The applicant must have a degree specifically in economics or a closely related field. Business, finance, or accounting degrees do not qualify unless the position is demonstrably economic in nature.
Impact: Many analysts or business professionals with overlapping duties may now fall outside the scope of the “Economist” category.

3. Scientific Technician/Technologist (ST/T)
Clarification: The individual must support a USMCA-listed professional in science fields and possess a diploma or certificate with directly related experience.
Exclusion: ST/Ts may not engage in patient care, which excludes roles in direct healthcare (e.g., sonographers, respiratory techs).
Impact: This clarification limits TN eligibility for allied health professionals and elevates scrutiny on ST/T roles across the board.

4. Management Consultant
Clarification: This category continues to allow for alternatives to a degree (such as 5+ years of experience), but the role must involve objectivity, independence, and temporary engagement.
Impact: In-house roles or positions that resemble standard managerial duties — rather than third-party, strategic consulting — may not qualify.

📝 Practical Consequences for Employers & Professionals

✅ Best Practices Going Forward

• Audit Your TN Workforce: Anyone previously approved based on experience should be reassessed under the new policy.

• Update Job Descriptions: Ensure they are tightly aligned with the USMCA profession and reflect the required duties, not just a title.

• Document Degrees Clearly: Keep certified translations, evaluations (if foreign), and transcripts ready. Vague or generalized degrees may no longer suffice.

• Avoid Grey Areas: For borderline cases (e.g., “data analyst” vs. “economist”), get legal advice before filing.

Conclusion
The June 2025 USCIS policy update represents more than just a structural change — it is a paradigm shift in how TN eligibility is evaluated. By eliminating experience as a substitute for a degree and tightening definitions around key occupations, USCIS has raised the bar for both consistency and compliance.

For professionals and employers alike, the message is clear: Precision matters. Title, duties, education, and supporting evidence must now align with greater clarity — or risk denial.

Need help reassessing TN eligibility under the new guidance? Our team can help you navigate the new rules and protect your talent pipeline.

📞 Contact Versfeld & Hugo Today

At Versfeld & Hugo, we specialize in cross-border immigration solutions — including TN visas — with personalized attention and strategic guidance every step of the way.

📧 [email protected]
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