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.
  • Self-employment does not qualify for the TN classification.

Application Procedures

The updated policy appears to expand TN visa application submission 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. It also appears to restrict applications at CBP pre-clearance or pre-flight stations to those located within Canada.

Documentation Requirements

The policy update provides:

  • 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 will engage in activities that legally require a license.

Specific Professions

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

  • 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.
  • The Physician may only engage in patient care that is incidental to teaching or research.
  • 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.

Implications

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.

Jackson Lewis attorneys are available to assist in determining whether and how your particular situation is affected by the USCIS Policy Manual updates.

USCIS has issued updated guidance following the U.S. Supreme Court’s May 30, 2025, decision to grant DHS’s request to lift an April 14 U.S. district court order halting the Department’s termination of the CHNV program.

With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on being paroled under the programs.

Individuals whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account.

Employers should review their I-9 records to determine whether they have impacted employees. Jackson Lewis attorneys are available to answer questions about I-9 review and best practices in light of the USCIS guidance.

Takeaways

  • As of March 19, 2025, the SSA has paused automatic SSN issuance for many immigrant applicants, including those receiving new work permits and newly naturalized citizens.
  • Affected individuals must now apply in person at SSA offices.
  • Employers should adjust onboarding processes accordingly and educate HR teams to avoid disruptions.

The Social Security Administration (SSA) has quietly hit pause on a key program that streamlined Social Security number (SSN) issuance for nonimmigrant and immigrant applicants. As of March 19, 2025, the Enumeration Beyond Entry (EBE) program is suspended for 90 days while the agency evaluates its policies.  SSA has not committed to reinstating EBE after the 90-day review.

The pause will affect immigration applicants applying for work authorization (Form I-765) and naturalization (Form N-400), including the following:

  • F-1 students on OPT
  • H-4 and J-2 spouses with new EADs
  • TPS and asylum applicants
  • Newly naturalized citizens
  • Anyone who previously relied on EBE for automatic SSN issuance

Previously, these eligible nonimmigrants and immigrants could request a new SSN on their immigration forms and receive a card by mail — no SSA visit required. Now, they must apply in person and no automatic Social Security cards will be mailed during this period.

SSA is continuing to process EBE-based SSNs for individuals granted legal permanent resident status on Form I-485 (adjustment of status), and any SSN requests that were submitted to EBE before March 18, 2025. This means foreign nationals adjusting status in the U.S. should still receive their SSN automatically, but anyone approved for an EAD after March 19 or who included an SSN request with a naturalization application will not get a card by mail during the pause.

Although the eligibility requirements have not changed, expect operational delays for previously EBE-eligible applicants and previously non-EBE eligible applicants. Without a formal announcement, previously eligible applicants are unlikely to realize the change until their Social Security card fails to arrive.

USCIS forms (such as the I-765 work permit application and N-400 naturalization form) still include the option to request an SSN; applicants who check the box now will not receive one automatically.

What Should Employers Do?

  • Don’t delay onboarding. Employees can legally work while their SSN application is pending, but it is recommended they at least apply prior to their start date.
  • For E-Verify users, annotate Form I-9 and defer the E-Verify case until the SSN is received.
  • Update HR protocols. Provide clear guidance to foreign hires on how to apply for an SSN.
  • Be flexible. Expect delays and adjust payroll and benefits processes accordingly.

Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

USCIS has issued updated guidance following the U.S. Supreme Court’s May 19, 2025, decision to grant the Justice Department’s emergency request to lift a March 31 California district court order halting DHS’s termination of Venezuela TPS.

The status of work authorization documents and TPS are as follows:

1. For individuals who registered under the 2023 Venezuela TPS designation, work authorization documents expired April 2, 2025, and TPS expired April 7, 2025. However, individuals who received work authorization documents or approval notices on or before Feb. 5, 2025, with an expiration date of Oct. 2, 2026, will retain TPS, and their documentation (including work authorization documents) will remain valid pending resolution of a lawsuit filed by the National TPS Alliance in California district court to prevent termination of the Venezuela TPS program.

2. For individuals who registered under the 2021 Venezuela TPS designation, work authorization documents expired March 10, 2025, and TPS is extended through Sept. 10, 2025.

Employers should review their I-9 records to determine whether they have impacted employees. Jackson Lewis attorneys are available to answer questions about I-9 review and best practices in light of the USCIS guidance.

President Donald Trump signed a proclamation suspending entry to the U.S. for nationals of 19 countries on June 4, 2025. The proclamation stated that the designated countries are so deficient in their information screening and vetting that a suspension on the entry of nationals from those countries is necessary. “Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Threats” took effect at 12:01 a.m. ET on June 9, 2025.

Nationals of the following countries are fully suspended from entering the U.S. as immigrants or nonimmigrants starting June 9, 2025:

  • Afghanistan
  • Burma
  • Chad
  • Republic of Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

Nationals of the following countries are partially suspended from entering the U.S. as immigrants or as nonimmigrants on B-1, B-2, B-1/B-2, F, M, or J visas:

  • Burundi
  • Cuba
  • Laos
  • Sierra Leone
  • Togo
  • Turkmenistan
  • Venezuela

The suspension on entry applies to all nationals of the designated countries who are outside of the U.S. on the effective date and do not have a valid immigrant or nonimmigrant visa on the effective date. Visas issued before June 9, 2025, will not be revoked.

Similar to the travel ban under President Trump’s first term, there are exceptions to the suspension on entry in specific circumstances, which include:

  • U.S. Lawful Permanent Residents (“green card holders”);
  • Foreign nationals holding dual citizenship with and traveling on the passport of a country not subject to the suspension;
  • Certain A, C, G, or NATO nonimmigrant visa holders;
  • Athletes, members of an athletic team, coaches, support personnel, and immediate relatives traveling for a major sporting event, such as the World Cup or Olympics;
  • Certain immediate relatives of U.S. citizens;
  • Adoptions;
  • Special Immigrant Visas for Afghanis or U.S. government employees;
  • Immigrant visas for ethnic and religious minorities facing persecution in Iran;
  • Individuals granted asylum, refugee status, or withholding of removal under CAT.

In addition, there are two “national interest” exceptions, where the travel by the individual would:

  • Advance a critical U.S. national interest involving the Department of Justice; or
  • Serve a U.S. national interest at the discretion of the Secretary of State.

The proclamation does not indicate how long the travel ban will remain in effect. Instead, it provides that the State Department will assess whether the travel suspensions and limitations should be continued, terminated, modified, or supplemented 90 days after implementation, and then every 180 days. In the proclamation, the president specifically asked for an evaluation on whether Egypt should be added, so it is likely the list of covered countries will grow.

Important Takeaways for Employers

  • Restrictions on entry to the U.S. will greatly hinder business and personal travel for covered workers and employees. Even in an emergency, travelers could find themselves unable to return to the United States. Employers should closely monitor international business travel requirements and carefully plan to avoid disruption from employee travel.
  • While the travel ban does not revoke immigrant or nonimmigrant visas issued before June 9, 2025, nationals of the designated countries may nonetheless be subject to enhanced inspections by U.S. Customs and Border Protection when seeking admission.

Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

On June 2, 2025, U.S. District Court Judge Edward Chen ruled that the Department of Homeland Security (DHS) cannot invalidate Venezuela Temporary Protected Status (TPS) documents, including work authorization documents, issued pursuant to the Biden Administration’s Jan. 17, 2025, 18-month extension of Venezuela TPS. This ruling applies to documents received by beneficiaries on or before Feb. 5, 2025, the date of the Federal Register Notice announcing DHS’s decision to terminate the Venezuela TPS program.

Judge Chen pointed to Section 1254a(d)(3) of the Immigration and Nationality Act, which says TPS-related documents can be invalidated only after a termination notice is published.

Judge Chen’s order impacts approximately 5,000 Venezuela TPS beneficiaries.

DHS has not yet responded to Judge Chen’s June 2 ruling in light of the U.S. Supreme Court’s May 19 ruling granting a Justice Department request to lift Judge Chen’s March 31 order halting DHS’s termination of Venezuela TPS.

On June 3, the National TPS Alliance and several Venezuelans asked Judge Chen to set aside DHS’s decision to vacate the Venezuela and Haiti TPS programs, calling the rationale for the terminations “preordained and contrived.” The Alliance contends that DHS Secretary Kristi Noem lacked the authority to terminate the Venezuela and Haiti TPS programs on the basis of a defective registration process and the national interest.

In a court filing, the Alliance said, “Nothing in the record suggests the secretary had any interest in registration issues at all.” Instead, the Alliance maintains, the record indicates that DHS officials “rushed” to draft vacatur and termination notices prior to Secretary Noem’s confirmation.

A panel of the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in July on the merits of Judge Chen’s decision to enjoin termination of the Venezuela TPS program pending the outcome of litigation.

Jackson Lewis attorneys will continue to provide updates as they become available.

Cameroon’s Temporary Protected Status (TPS) designation will expire Aug. 3, 2025.

On April 14, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that she will not renew Cameroon’s TPS designation.

While the work authorization documents of Cameroonian TPS beneficiaries were not automatically extended beyond Dec. 7, 2024, Cameroonian TPS beneficiaries were eligible for a 540-day extension from the facial expiration dates on their work authorization documents.

A Federal Register notice means that TPS-based work authorization documents will also expire Aug. 3, 2025.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

Takeaways

  • New student visa interviews are temporarily paused as of 05.27.25 to implement enhanced social media and security screening.
  • Applicants with existing appointments are likely not affected, but new applicants will face delays.
  • Consular officers are instructed to scrutinize applicants’ online presence, including private or limited social media accounts or the lack of any online presence.

The U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part of a broader national security initiative to expand social media and security vetting for nonimmigrant visa applicants.

Applicants who have already secured interview appointments are likely not affected by this suspension and should proceed as scheduled. However, new applicants may experience delays until further guidance is issued.

Pursuant to Executive Order 14161, “Protecting the United States from Foreign Terrorists and Other National Security,” and Executive Order 14188, “Public Safety Threats and Additional Measures to Combat Anti-Semitism,” DOS has taken a series of actions to escalate security efforts, including launching their AI-driven “Catch and Revoke” program and announcing plans to “aggressively” revoke visas issued to certain Chinese students. The latest halt in scheduling visa appointments signals a further escalation in scrutiny of nonimmigrant visa applicants.

In a May 30 cable, Secretary of State Marco Rubio instructed consular officers to:

  • Apply “extra vigilance” in screening visa applicants for possible threats to U.S. national security.
  • Consider limited or private social media accounts as potential red flags that reflect “evasiveness and call into question the applicant’s credibility.”
  • Refuse visas if an applicant’s credibility cannot be confirmed.

Although the cable initially focused on applicants traveling to Harvard University, the enhanced vetting is expected to expand to all international students. DOS may announce similar measures for other groups of visa applicants.

International students currently in the U.S. on F-1 status who have been selected in the FY2026 H-1B lottery and have a pending or approved H-1B petition should exercise caution when considering international travel on F-1 status. If such students depart the U.S. without a valid F-1 visa stamp, they may face challenges in obtaining a new visa because of the current pause in interview scheduling. This could result in delays in returning to the U.S.

This policy shift could delay the arrival of new international students for the upcoming academic year and complicate travel plans for current students. Universities and employers should prepare for increased uncertainty in visa processing timelines and advise students accordingly.

Jackson Lewis attorneys will continue to monitor developments.

The U.S. Supreme Court has lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela under the CHNV program. Noem v. Svitlana Doe, et al., No. 24A1079 (May 30, 2025).

 U.S. District Court Judge Indira Talwani’s order is stayed pending the outcome of an appeal filed by DHS in the U.S. Court of Appeals for the First Circuit and a decision on a petition for writ of certiorari to the Supreme Court regarding the merits of the case, if one is ultimately sought by either side.

The CHNV program has allowed approximately 450,000 people to live and work legally in the United States.

DHS has not yet provided guidance regarding the status of CHNV parolees in light of the Supreme Court decision.

On May 28, 2025, Judge Talwani ordered DHS to resume processing of parole and reparole applications for individuals covered under the Uniting for Ukraine, Operation Allies Welcome (Afghanistan), Central American Minors Parole, Family Reunification Parole, Military Parole-In-Place, and CHNV Humanitarian Parole.

It is not clear whether DHS will continue to adjudicate parole applications for CHNV beneficiaries in light of the Supreme Court decision. Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged “pro-terrorist conduct.” SEVP certification enables universities to enroll international students.

The revocation of Harvard’s SEVP authorization has sent shockwaves through the academic community, as it means Harvard would not be able to enroll international students and enrolled students must transfer to another university, obtain some other legal visa status, or depart the U.S. The DHS decision is premised on allegations that Harvard’s leadership has failed to address pervasive antisemitism and pro-terrorist conduct on its campus, as well as accusations of collaboration with the Chinese Communist Party, and failed to cooperate with DHS’s demands for information regarding its students.

On May 23, 2025, Harvard filed suit in U.S. District Court for the District of Massachusetts seeking an injunction on revocation of Harvard’s SEVP certification, alleging that the revocation violates both the U.S. Constitution and Administrative Procedure Act.  On the same day, the District Court issued a Temporary Restraining Order enjoining the U.S. government and its agents, including DHS, from implementing the SEVP termination until there is a hearing on the matter. The Court found that Harvard would face immediate and irreparable injury if the termination takes effect before such a hearing.

If the termination takes effect, the impact of the decision will be substantial. Harvard, which had 6,793 international students enrolled during the 2024-2025 academic year, would face the loss of one quarter of its student population. International students would either have to transfer to other institutions or lose their legal student status in the U.S. by remaining enrolled at Harvard. Termination would have serious financial and academic implications, as international students contribute substantially to Harvard’s revenue and academic scholarship. The university’s leadership has vowed to provide guidance and support to affected students during this tumultuous period.

Jackson Lewis attorneys will monitor this sensitive situation and continue to provide updates.