"New" NAFTA / USMCA - TN Visa Updates

Find Updates on the “New” NAFTA / USMCA & Potential Changes to the TN Visa Classification Here…

U.S., Canada & Mexico Sign New NAFTA Deal - Nov. 30, 2018

The three countries signed the “new” NAFTA agreement today, the United States–Mexico–Canada Agreement (USMCA). No significant changes were made to the TN visa-related provisions of the agreement. Compare NAFTA’s TN visa provisions with USMCA’s “TN” visa provisions. The USMCA must now be approved by each country’s legislature before being implemented.

Any implementing legislation by Congress or subsequent regulations may not change the main substantive requirements for the new TN visa classification outlined in the USMCA (i.e. the available TN visa occupations and the qualifications for each occupation). However, it is possible that the implementing legislation or regulations may bring new procedures for applying for a TN visa (any such changes would likely be done at the administrative level). It is also possible that new regulations may trigger the issuance of a new USCBP field manual, or “clarifying memos” by the administration such as USCIS’ memo on the Economist occupational category issued last year.

"New" NAFTA Deal Makes No Apparent Major Changes to TN Visas - Oct. 1, 2018

It has been announced that the U.S., Canada, and Mexico have reached a new deal to replace NAFTA. I have briefly reviewed the main immigration provisions of the U.S.-Mexico-Canada Agreement (USMCA), and there does not appear to be any discernible changes to the provisions governing the TN visa classification, Chapter 16, Annex 1603, Section D. Additionally, it does not look like any changes were made to the occupations available for TN visa status or with respect to their requirements (see Appendix 1603.D.1). I will review the new agreement in more detail, and post a follow-up to outline any differences, if needed.