Can I Still Get A TN Visa For A Software Engineer Role With A Computer Science Degree?

Question: I have a Bachelor’s degree in Computer Science, and I don’t know whether I should apply for TN visa status under the Computer Systems Analyst category or the Engineer category. The recent memo by USCIS suggests that I don’t qualify for the engineering status, but since my main job responsibility as a software engineer is coding, that also restricts me from the Computer Systems Analyst category. Do you have any recommendations?

Reply: After not having a comprehensive TN visa policy publicly available since its creation in 2003, USCIS finally released TN Policy Manual in June 2025. And, yes, this new manual resurrects language from an old USCIS bulletin that places some restrictive requirements on TNs filed under the Engineer category for computer-related jobs: 

“An engineer may not fill computer-related jobs unless he or she has credentials as a computer or software engineer in a bona fide engineering specialty offering full engineering credentials, such as professional engineering licenses.”

Regardless of this language suggesting that only an engineering degree is acceptable for such cases, I am still fighting for TN applications to be approved for Computer Science degree holders applying for Software Engineer (SWE) roles. I believe such cases qualify under the law based on the USMCA, the TN visa regulations, a reasonable interpretation of prior DHS TN visa policy, USCIS’ prior practice of approving TN visa and other visa petitions (H-1B) for such cases, and US Department of Labor and other industry sources. However, because of the restrictive language in USCIS’ Policy Manual, the approval of these cases may be less uniform than in the past. It seems that some USCBP border agents may be following this policy and are denying cases, but I have obtained approvals at other ports-of-entry. I am still seeing uniform approvals at USCIS - of all places - most recently in December. But in these USCIS filings, I submit evidence supporting my argument for the suitability of a CS degree for a SWE role. 

I do not recommend filing TN visa applications for SWE roles under the CSA category, because I do not think they really qualify. I also do not recommend filing under the CSA category for a SWE role unless a person discloses their actual job title and duties in the application. Otherwise, if an officer thinks a person is submitting false information to facilitate the approval of the TN, they are at risk for penalties like a fraud charge, which carries a lifetime bar to the US, and possible detention prior to removal now.