While the US and Mexico have ratified the USMCA, the agreement has not, yet, been ratified by Canada. Once Canada ratifies the agreement, then the U.S. Department of Homeland Security and the U.S. Department of State must issue new regulations to amend the existing TN visa regulations to be consistent with the language of the USMCA. Changes to USCIS, USCBP, and DOS policy manuals are also likely.

However, as previously stated by the USTR, the USMCA does not require changes to the U.S. immigration rules relating to the TN visa classification. Further, the TN visa-related provisions of the USMCA do not differ substantially from that of NAFTA’s. As such, any revisions may be minor to reflect changes in wording (e.g. changing NAFTA to USMCA) and addressing any transition issues. It will likely take several months after Canada has ratified the agreement for DHS and DOS to publish final rules enabling USMCA to go into effect.

More information and updates on the status of the USMCA and any potential changes to the TN visa classification will be posted once available.