USMCA in Effect Now...What's The Impact on TN Visas?
The United States-Mexico-Canada Agreement (USMCA) went into effect July 1, 2020. What does that mean for current TN visa holders, or those seeking to apply for TN visa status? Not much.
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: No new occupational categories were added, and the qualifications for each occupational category were not changed.
No new USMCA regulations or policies relating to the TN visa classification have been published, yet, by USCIS (the agency responsible for adjudicating I-129 TN petitions), USCBP (the agency for adjudicating TN applications filed by Canadian citizens), or DOS (the agency responsible for adjudicating TN visa applications filed by Mexican citizens).
While I expect new regulations to be published at some point - minimally to change NAFTA references to USMCA - it remains to be seen when this will happen, and if any changes will affect current TN processing (e.g. relating to provisions not specifically addressed in USMCA such as period of stay).
According to my recent email correspondence with representatives from USCBP’s USMCA Center, USCBP is “…currently unaware of plans to update manuals or policies relating to USMCA immigration provisions, possibly because USMCA Chapter 16 contains very few changes from its corresponding chapter in NAFTA.” Again, I suspect that TN visa related manuals will be updated at least to reflect the new free trade agreement name. It remains to be seen if any new policies will come about due to this update. Even if that happens, such changes may not be publicly available. (For example, USCBP has refused to release its current visa processing manual.)
What does this mean for current TN visa holders? TN visas and statuses issued prior to the effective date of the USMCA will remain valid, and will be continued to be governed by the applicable NAFTA rules in effect prior to USMCA.
And what about new TN visa applications? For those individuals still able to apply for TN status during the pandemic, e.g. Canadians at most U.S. port-of-entries and Canadian/Mexican citizens filing I-129 petitions from within the U.S., as of right now the only major change in these filings is simply to refer to the USMCA rather than NAFTA in your TN application paperwork.
One final note that impacts all provisions of the USMCA: The agreement is only valid for 16 years from the date of its entry into force. After 6 years, there will be a joint review of the agreement where each party must confirm that it wishes to continue the agreement for a new 16-year term.