Is TN2 Still Viable? How U.S.–Mexico Tensions Are Quietly Rewriting a North American Work Visa
Posted on February 02, 2026 by Warren Wen | Category: English
Is TN2 Still Viable?
How U.S.–Mexico Tensions Are Quietly Rewriting a North American Work Visa
For decades, the TN visa—first created under NAFTA and later preserved by the USMCA—has been one of North America’s most efficient instruments for professional mobility. Its appeal lay in predictability: a finite list of eligible professions, relatively streamlined adjudication, and fewer procedural hurdles than most U.S. employment visas.
That predictability, however, is now being subtly but decisively recalibrated.
Since late 2025, Mexican nationals applying for TN status through U.S. consulates have encountered a noticeably higher level of scrutiny. The shift is not overtly ideological, nor is it announced through headline policy changes. Instead, it manifests in adjudication practice: the focus has moved beyond the individual applicant to the credibility of the U.S. employer, the necessity of the role, and the internal coherence of the employment arrangement itself.
This recalibration is evident in recent case outcomes. In one matter referred to our firm, a Mexican professional’s application by his previous attorney had been denied TN2 status on three consecutive occasions, despite holding the requisite academic credentials for a listed TN occupation. A review of the prior filings revealed that the issue was not eligibility, but evidentiary structure. The employer’s operational capacity had been thinly documented, and the job description failed to demonstrate why the role required professional-level expertise. Once those deficiencies were addressed with targeted, verifiable evidence, the application was approved and the individual commenced work in the United States.
The case is illustrative rather than exceptional.
A Visa Under Pressure, Not in Retreat
The tightening of TN2 adjudication must be viewed against a broader backdrop. The second Trump administration has adopted a more restrictive posture toward labor mobility, particularly in relation to Mexico and Canada. At the same time, the U.S. State Department has rolled back interview-waiver policies, returning a larger share of non-immigrant visa applicants to in-person consular review.
Yet it would be a mistake to interpret these developments as signaling the imminent decline of the TN category.
The TN visa remains embedded in the USMCA framework, which continues to recognize the economic value of professional mobility within North America. While the agreement’s 2026 joint review is likely to intensify political debate, it does not imply an automatic narrowing of the visa itself. What has changed is not the legal foundation of TN status, but the standard by which credibility is assessed.
From Formal Eligibility to Evidentiary Persuasion
Historically, many TN applications were treated as exercises in formal compliance: confirmation of degree requirements, occupation matching, and the presence of an offer letter. Increasingly, consular officers are approaching TN2 cases as evidence-driven assessments, closer in tone—if not in statute—to H-1B adjudications.
Three elements now attract heightened attention.
Employer substance.
U.S. employers are expected to demonstrate more than legal existence. Officers are examining whether the business has ongoing operations, sufficient financial capacity, and an organizational structure that plausibly supports the proposed role.
Professional necessity.
Vague or generic job descriptions are drawing skepticism. Adjudicators are probing whether the duties genuinely require specialized training or whether they could be performed by non-professional staff.
Internal consistency.
Compensation, reporting lines, work location, and project timelines must align. Even minor inconsistencies can undermine the overall credibility of the application.
None of these factors represent new legal requirements. Collectively, however, they raise the burden of persuasion.
Why TN Still Matters
Despite a more exacting review environment, the TN visa retains several structural advantages:
- No numerical cap or lottery
- Relatively rapid adjudication when filings are well prepared
- Renewability, provided the temporary nature of employment remains credible
- Lower compliance costs than many alternative employment-based visas
In effect, TN is not being dismantled. It is being professionalized.
Strategy in a Narrower Corridor
For both applicants and employers, the implications are practical rather than political. TN2 cases can no longer rely on minimal documentation or formulaic narratives. Success increasingly depends on whether the application presents a coherent, verifiable account that anticipates scrutiny rather than reacts to it.
Preparation now resembles risk management more than form submission: identifying weak points, aligning evidence, and ensuring that each component of the case reinforces the others.
Most refusals today do not stem from a lack of qualifications. They arise from underdeveloped explanations—employers whose business rationale is assumed rather than demonstrated, and positions whose professional nature is asserted rather than substantiated.
Conclusion: A Higher Bar, Not a Closed Door
TN2 is not disappearing from the U.S. immigration landscape. But it is becoming less forgiving.
In a period of strained U.S.–Mexico relations and heightened enforcement sensitivity, the TN visa remains one of the few mechanisms capable of delivering relatively predictable outcomes—provided applicants and employers are prepared to meet a more demanding evidentiary standard.
The challenge, then, is not to wait for political conditions to soften, but to adapt to the recalibration already under way. Those who do may find that, even in a cooler policy climate, the TN pathway remains open—if narrower, and far less tolerant of shortcuts.
This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.