2026 TN Visa Update: What U.S. Employers Need to Know About TN Visa Compliance and Employer Responsibilities

2026 TN Visa Update: What U.S. Employers Need to Know About TN Visa Compliance and Employer Responsibilities

This post updates and expands on our 2025 guidance for U.S. employers supporting TN visa holders, focusing on policy changes, compliance risks, and practical HR best practices for 2026.

Introduction

Since the United States–Mexico–Canada Agreement (USMCA) brought the TN visa into U.S. immigration law, employers have enjoyed a streamlined hiring path for Canadian and Mexican professionals. While core employer obligations — such as offering a proper job letter and completing Form I‑9 — remain the foundation of compliance, policy shifts at USCIS and administrative expectations have evolved in key areas for 2026. 

This update gives employers the latest legal context, emerging best practices, and practical compliance tips for hiring TN professionals in 2026.

1. New USCIS Policy Clarifications Affecting TN Eligibility

In 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to clarify core TN requirements, with ongoing effects into 2026:

a. Employment Must Be With a U.S. Entity

USCIS now expressly requires that TN employment be with a U.S. business or legal entity — not a foreign parent, affiliate, or contractor. 

Employer takeaway:
Before extending an offer to a TN candidate, confirm that your corporate structure, EIN, and business operations clearly qualify as a U.S. employer under immigration rules.

b. Stronger Focus on Job Duties and Qualifications

USCIS policy now emphasizes that job duties must clearly reflect a USMCA profession, and that the candidate’s education/experience must directly match those duties. 

This means:

  • No broad or vague job descriptions in offer/support letters
  • Degrees must be equivalent and supported by credential evaluation if foreign
  • Experience alone cannot substitute for degree requirements in most cases

Employer takeaway:
Work with HR and legal counsel to ensure job descriptions are precise and align with current TN categories.

c. Licensing Requirements for Regulated Professions

For licensed professions (such as nurses, lawyers, physical therapists, or veterinarians), TN applicants must meet state-specific licensing requirements in the U.S. state where they will practice.

According to USCIS:

“The alien must meet applicable license requirements to practice a licensed profession in the U.S. state in which the alien intends to practice.”
(USCIS Policy Manual, Vol. 2, Part P, Ch. 3)

Employer takeaway:
If the TN position involves a regulated profession, confirm the candidate is licensed or eligible for licensure in the state where they will work. Otherwise, you need to confirm there is an exemption from licensure requirement. Border officers and USCIS officers may request proof.

2. Documentation & Compliance Expectations for 2026

While TN employer obligations didn’t fundamentally change in 2026, how government officers review these obligations has shifted:

a. Enhanced Documentation Review at Port of Entry

U.S. Customs and Border Protection (CBP) officers are increasingly rigorous about checking:

  • Detailed offer letters that reflect job duties
  • Professional qualifications connected to the occupation
  • Proof that the U.S. employer is legitimate and operational

Employer takeaway:
Even for border applications (especially Canadians), have detailed and updated offer/support letters ready.

b. I‑9 Records and Internal Audits Matter More

Although employers always completed I‑9s for TN workers, compliance audits (internal or external) are now a stronger risk area. Failure to maintain consistent documentation can trigger:

  • Government compliance investigations
  • Worksite audits
  • Fines or citations under general employment verification rules

Employer takeaway:
Set up regular internal audits of TN worker files, including offer letters, I‑94 records, and status expiration dates.

3. Extensions, Renewals & Internal Changes in 2026

a. Renewals Require Updated Documentation

Renewal requests (USCIS or border) must reflect the current job duties, compensation, and qualifications, so outdated letters or job descriptions can lead to delays or denials. 

Employer takeaway:
Treat renewals like new applications. Provide updated offer/support letters that reflect actual job duties and any organizational changes.

b. Changing Jobs Requires a New TN Case

TN status is employer‑specific. If your TN worker changes roles or departments in your company in 2026, you need a new TN filing or entry supporting that change, particularly if duties or job titles differ substantially. 

Employer takeaway:
Coordinate early with immigration counsel if a TN employee is transitioning roles or moving to a different operational unit.

4. Best Practices for Employers in 2026

To reduce legal risk and improve TN visa success rates, follow these 2026 best practices:

a. Use Detailed Offer/Support Letters (Always)

Avoid generic letters. A strong letter explains:

  • Why the job is a USMCA profession
  • How the candidate’s education/experience matches
  • The specific job activities involved

This clarity helps both CBP and USCIS officers make favorable decisions.

b. Align Job Postings with Immigration Evidence

Make sure your HR job postings and immigration support letters tell the same story about duties, qualifications, and responsibilities.

Documentation mismatch is one of the most common grounds for review delays.

c. Track Expirations and Renewals Proactively

Monitor TN employee status expiration dates and start renewal paperwork well in advance to avoid gaps in work authorization.

d. Educate HR and Hiring Managers

In many compliance issues, employers stumble not because the law changed, but because HR teams weren’t aware of:

  • Documentation expectations
  • Differences between TN and other non‑immigrant visas
  • How TN status impacts internal transfers

Consider internal training or checklists for teams involved with TN hires.

5. Common Employer Misconceptions (2026 Edition)

Here are a few myths we’re still hearing, and the reality:

Myth: Employers Must Pay Filing Fees for TN Visas

Reality: Unlike the H‑1B, employers aren’t legally required to pay government filing fees, especially for Canadian border entries. 

Myth: TN Workers Can Freelance or Be 1099 Contractors

Reality: TN status is strictly for employer‑employee relationships (W‑2). Self‑employment or 1099 contracting disqualifies TN status.

Myth: Termination Requires USCIS Notification

Reality: There is no mandatory notice to USCIS upon termination of a TN worker, but good documentation and communication help reduce risk for future case filings. 

Conclusion: What’s New for TN Employers in 2026

For TN visa employers, the practical implications in 2026 are:

✔ More detailed documentation expectations
✔ Stronger scrutiny on job duties, qualifications & employer legitimacy
✔ Renewals treated more like new filings in practice
✔ HR compliance audits becoming standard best practice

Staying ahead of these trends reduces risk and makes TN hiring a more reliable strategy for accessing Canadian and Mexican talent.

Legal Support for TN Visa Applications: 

By partnering with Sisu Legal, both employers and employees gain peace of mind knowing that every detail is handled correctly. From initial offers to renewals, our team ensures smooth communication and full compliance with U.S. immigration law.

If your company is considering hiring a professional from Canada or Mexico, or if you’re an employee preparing to apply, schedule your TN visa strategy session today:
https://sisulegal.com/pages/booking-immigration-law-windsor-troy.

Back to blog