TN Visa Denials for Engineers: Evolving Consulate Standards

By Matt Gunn

Over the last eighteen months the denial rate for TN visa cases has been increasing steadily at each of the three consulates in Mexico that adjudicate TN applications, Mexico City, Guadalajara, and Ciudad Juarez.

The TN categories that have been most frequently challenged are the following:

1. Engineers
2. Scientific Technicians/Technologists (STT),
3. Animal Scientists and Breeders, and
4. Agriculturists

Many of the TN denials have been specific to the agriculture and food safety related industries.  Moreover, TN positions in engineering have also seen an uptick in denials, especially in the auto, food safety, and animal husbandry sectors.  Common reasons for these denials include:

• The position or job duties do not match the TN occupational category,
• The beneficiary does not meet TN eligibility requirements, and
• The position is not a professional TN position.

The rise in TN visa refusals is almost never attributed to the beneficiary’s lack of a professional degree.  In response to questioning by the immigration bar, the Visa Office in Washington recently noted that it is working on new and clear TN visa standards, which should be rolled out in the coming months.

There following are a few key best practices to keep in mind when seeking a TN visa:

• The job duties and description of responsibilities should be aligned with the occupational category listed in the United States Mexico Canada Act (USMCA).
• The TN position must comply with the USMCA/TN regulations on paper and in practice.
• Job titles should accurately match one of the TN occupational titles listed in the USMCA, Chapter 16.
• Engineers should be using their practical and theoretical knowledge, and their duties should not focus on routine maintenance with general day-to-day operation of the equipment except in analytical problem-solving or solutions.
• Applicants must remain mindful of non-immigrant intent, as needed to demonstrate that their stay in the U.S. is temporary.
• TNs will not be admitted to perform positions that are not of a professional nature or job functions primarily associated with other job titles.
• Consider filing a TN extension petition with USCIS in lieu of consular processing a TN visa renewal application in Mexico. That said, an approved TN petition filed with USCIS is not determinative to the consular officers, and the consular post is not required to provide deference to any approvals by USCIS.

Finally, the above adjudication trend is likely not the last change to expect in the world of TN visas.  On January 20, 2025, the Trump administration announced through executive order the beginning of a public consultation process in anticipation of the July 1, 2026, joint review of the USMCA. This series of meetings will concern determining the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses.  The results of these discussions are expected to be completed in January 2026 and are expected to inform the Administration’s posture in the July 2026 joint review.

We will continue to monitor this evolving situation and provide additional alerts as necessary.  If you have any questions, please contact one of the attorneys at Gunn Menefee LLC.