U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of June 20, 2025

USCIS updates Policy Manual on TN visas

USCIS has updated its Policy Manual with important changes to regulations on the TN nonimmigrant visa classification as of June 4, 2025. These changes include: 

The policy update states:

• TN classification is not eligible for self-employed applicants. 
• The intended employment must be with a “U.S. employer or entity.” The policy Manual does not clarify if USCIS 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.
• The updated policy appears to expand TN visa application submission for Canadians to any Class A port-of-entry, which would include both the Northern and Southern borders, and any airport with a CBP post accepting international flights.
• The policy also appears to restrict applications at CBP pre-clearance or pre-flight stations to those located within Canada.

Documentation requirements:

• If the specified profession requires a bachelor’s degree, the applicant must have a bachelor’s degree or the academic foreign equivalent.
• If the degree was earned outside of the U.S., Canada, or Mexico, an academic equivalency evaluation is required.
• If the profession allows or requires experience in addition to the degree or alternate to the degree, letters from prior employers confirming experience should be provided.
• The applicant must meet any licensing requirements that apply to their profession in the state where they will work if they engage in activities that legally require a license.

The list of qualifying TN professions includes 63 distinct professional categories. The 2025 policy update changes some individual professions directly:

• The Computer Systems Analyst category does not include programmers, although some incidental programming activities may be performed.
• The Economist category does not include market research analysts, marketing specialists, or financial analysts.
• Engineers must have a qualifying engineering degree in a field related to the engineering job being offered. The Engineer category should not be used to fill a primarily computer-related position unless the applicant’s background is truly in engineering and the category does not cover generic programmer or technician roles.
• The Physician may only engage in patient care that is incidental to teaching or research.
• The Scientific Technician/Technologist (ST/T) must work in direct support of a supervisory professional in one of 10 disciplines. The ST/T category is not applicable for individuals who will work in patient care, as medicine is not a covered discipline.

Duration of stay and renewal policies are largely consistent with prior USCIS guidance.

Employers with TN employees will face new challenges under the 2025 update:

• Applicants under the Engineers category with degrees unrelated to the job (even if they work in an engineering firm) could face denial. Companies in the tech sector need to ensure the Engineer category is not used for roles like software developer and IT analyst if the individual is not truly an engineer by training.
• Mexican and Canadian professionals in finance or marketing roles will find it harder to obtain TNs unless their job description is squarely within economic analysis.
• Employers must ensure TN professionals work strictly within the scope of approved employment parameters.

SOURCE: USCIS Policy Alert (PA-2025-05), June 4, 2025: www.uscis.gov/sites/default/files/document/policy-manual-updates/20250604-USMCAProfessionals.pdf; and USCIS Policy Manual: Part P – USMCA Professionals (TN) | USCIS

President Trump launches ‘gold card’ investor visa website

• On Thursday, June 12, 2025, the Trump administration launched a website for those interested in a $5 million investor visa for the U.S. to sign up for early access to a newly created “gold card.”
• Trump in February pitched the gold card as a replacement of the EB-5 visa program, upping the amount investors would need to spend and promising a path to citizenship
• The current EB-5 program requires would-be investors to invest a little more than $1 million and create at least 10 jobs, and it also puts investors on a pathway to a green card and later citizenship.
• Trump has said he plans to end the EB-5 program, but it was reauthorized by Congress in 2022.

SOURCE: R. Beitsch, The Hill, June 13, 2025: thehill.com/homenews/administration/5346271-donald-trump-gold-card-website/

Department of State to resume on international student visa processing with expanded vetting

• The Department of State (DOS) announced expanded screening and vetting procedures for F, M and J nonimmigrant visa applicants.
• DOS will conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants in the F, M, and J nonimmigrant classifications.
• All student and exchange visitor (F,M, and J) applicants will be instructed to adjust the privacy settings on all of their social media profiles to ‘public.’
• Overseas posts will soon resume scheduling appointments, and applicants are advised to check embassy or consulate websites for availability.

SOURCE: www.state.gov/releases/office-of-the-spokesperson/2025/06/announcement-of-expanded-screening-and-vetting-for-visa-applicants/

OFLC issues Technical Release Notes for the Occupational Employment and Wage Statistics update for the July 2025 through June 2026 Wage Year

• On July 1, 2025, the Office of Foreign Labor Certification will publish the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2025 through June 2026. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.
• The metropolitan statistical areas (MSA) used for the May 2024 OEWS wage estimates were updated to reflect the delineations based on the 2020 Census. As a result of this update, new MSAs were created, some existing MSAs underwent name and/or compositional changes, and other existing MSAs were dropped from publication. Some non-MSA areas were added, dropped, or modified due to the new MSA delineations. For the New England states, the New England City and Town Areas (NECTAs) were discontinued, and OEWS published the MSAs and non-MSA areas for these states. 
• BLS has published a spreadsheet of area names and definitions used in the May 2024 OEWS estimates. OFLC will apply these updated area delineations beginning with this wage year, July 2025 through June 2026.
• The Technical Release Notes for the  July 2025-June 2026 wage year can be found here: Technical Release Notes for the Occupational Employment and Wage Statistics Update Wage Year 2025-26
• Job zones data for the July 2025-June 2026 wage year can be found here: Job Zones Data July 2025 Through June 2026 Wage Year.xlsx
• Education data for the July 2025-June 2026 wage year can be found here: Education Data July 2025 Through June 2026 Wage Year.xlsx

SOURCE: www.dol.gov/agencies/eta/foreign-labor/news

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.